Medical Malpractice Cases: When Will an Attorney Step In?

Understanding when an attorney will take on a medical malpractice case is not as straightforward as one might assume. Many people believe that any bad outcome automatically warrants legal action, but this is far from the reality.

Does Any Bad Result Lead to a Lawsuit?

The common misconception is that attorneys file lawsuits against doctors without considering the likelihood of success, believing that the insurance company or the doctor will simply pay any claims. However, medical malpractice cases, especially when the claim is disputed, are among the most challenging to pursue. A reputable attorney will conduct a thorough preliminary review of the case, often involving an expert's opinion, which comes at a significant cost.

Initial Assessment and Expert Review

Making the decision to take on a medical malpractice case is not taken lightly. Attorneys must review the medical records and hire an expert to perform a thorough analysis. This process is necessary to determine whether there was negligence on the part of the medical professional and if the patient suffered significant harm as a result. This expert review can cost thousands of dollars, which the attorney typically bears, even if the case is ultimately rejected.

Beyond Bad Outcomes: The Need for Significant Harm

It's important to understand that not every bad outcome constitutes medical malpractice. Sometimes, the poor result is within the bounds of what can reasonably be expected with the medical procedure or treatment. For instance, an elderly person dying from COVID-19 despite high-quality care in the ICU is more likely to be attributed to the nature of the disease rather than malpractice.

Key Factors for Attorney Involvement

There are two primary factors that need to be present for an attorney to consider taking on a medical malpractice case:

Negligence: The physicians involved must fail to meet the standard of care through negligence. Proving negligence can be complex, which is why many cases eventually go to trial to reach a resolution. Monetary Recovery: The case must have a reasonable chance of securing a settlement or a judgment that is substantial enough to justify the attorney's time and resources. Medical malpractice cases are often expensive and time-consuming, involving extensive chart reviews and expert witness fees.

If the damages are minimal or if the case does not have a high probability of success, an attorney is unlikely to take it on. Even if the doctor was negligent, many jurisdictions have caps on the amount that can be recovered for non-economic damages, significantly reducing the potential recovery for the patient.

Real-World Examples

For example, if a patient suffers from a minor procedural error that does not lead to significant harm, or if the doctor misdiagnoses a terminal cancer that the patient was already expected to die from, these scenarios are less likely to result in a lawsuit. Similarly, if a patient suffers from a severe complication but the outcome was not due to negligence, it is less likely that an attorney will take the case.

Conclusion

Medical malpractice cases are a serious matter, but not every poor outcome qualifies as malpractice. For an attorney to step in, there must be clear evidence of negligence and significant harm, both of which can significantly impact the viability of a case. Understanding these factors can help potential plaintiffs make informed decisions about pursuing legal action.