Medical malpractice cases follow the same initial case evaluation procedures as our other practice areas. The case will begin with a free initial case review. This is where the similarity ends with the other evaluation procedures.
Medical malpractice claims are extraordinarily difficult and expensive to pursue. A medical malpractice claim can take numerous hours of attorney time just to collect the information and documentation necessary for an evaluation. Once this information is collected, with very rare exceptions, the case must be evaluated by a medical expert at significant cost.
Medical malpractice cases require expert assistance every step of the way from the evaluation process, to the Medical Review Panel to litigation, settlement negotiations and trial. They often require more than one expert. Once in litigation, the injured patient must even pay the other side’s expert(s) for deposition time.
Worse yet, these cases, despite the popular myths of frivolous medical malpractice claims, have a very low success rate at trial. In short, we are able to accept only a very few medical malpractice claims. Most cases will unfortunately not get past the free initial review because of these considerations. Many more will not get past the more thorough case evaluation.
There are a few cases that stand out in terms of obvious medical negligence and potential recoverable damages that will justify the risks of this kind of litigation. Others are borderline cases that will need to be sent to an expert right away to figure out whether or not there is even the presence of medical negligence which is defined as care falling beyond the standard of care in the profession. This is a much higher burden than one might think.
In these borderline cases, we offer the prospective client the option of paying the costs of the expert witness evaluation. If the injured patient elects to pursue this option and the evaluation comes back favorable, which is often not the case, then we can move forward with the case.
We understand and sympathize with injured patients. We recognize the high levels of medical negligence in our healthcare system. Unfortunately, we have limited resources in terms of attorney time and financial resources to take on these very expensive, high risks lawsuits. These limitations require that we utilize the very strict evaluation procedures set forth above.