Why was my Medical Malpractice Case Refused?
You’ve been injured. You feel wronged and angry, and blame your doctor or nurse for your pain and suffering. You spoke with a medical lawyer, or perhaps a few of them. And not one of them agreed to take on your case and represent you. Why?
There are many reasons why a medical lawyer might refuse a case. First of all, not every medical mistake constitutes malpractice. Often people feel wronged and want someone to blame, but a medical lawyer knows what to look for in legitimate malpractice cases. If certain elements don’t exist, they likely won’t take your case.
So what things do medical lawyers look for when deciding whether to represent a client?
Was there duty of care? Did the medical practitioner have an obligation to provide quality care to the patient? This question is most often answered ‘yes’ however there is more to the story than just duty.
Was that duty breached? This is often the element that will make or break a case, and therefore determine whether a medical lawyer will pursue a lawsuit on your behalf. Just because you suffered an injury doesn’t necessarily mean it was due to your doctor breaching his duty of care. Unless there is a good chance that this can be clearly proven, you don’t have a case.
Was there injury? If the answer to questions one and two were yes, but there is no significant injury or harm to you, again, you have no case. You certainly can’t seek compensation for injuries you cannot prove.
Medical malpractice is by no means a black and white scenario, and every case is unique. But medical lawyers are experienced and know exactly what a judge or jury will look for in a negligence claim. If your case is weak or difficult to prove, it is likely that a truly experienced and qualified attorney will turn you down. If you’ve found yourself unable to find legal representation, by all means get a second opinion. But don’t be upset if you are told you simply do not have a case. Often it will save you time and anguish in the long run.