How Medical Malpractice Attorneys Decide What Cases To Accept


It’s all well-known fact in the law world that a medical malpractice lawsuit can be a very lengthy process that can be quite expensive. This is why some medical malpractice attorneys decide to turn down cases as they often feel that the hefty time-commitment simply is not worth their time for cases they think won’t yield large judgments.

If you’re thinking of filing a medical malpractice claim, you’ll need the assistance of a reputable attorney to represent you. To help in your search for a lawyer, it would prove beneficial if you familiarize yourself with what criteria a malpractice attorney uses to determine whether or not to take on a case.

Criteria Most Medical Malpractice Attorneys Use

In order to understand how attorneys decide whether or not to take on a case, you first need to know what malpractice is. Medical malpractice occurs when a medical professional does not deliver quality, standard care to his or her patient, resulting in an injury. The standard of care can vary depending upon how old the patient is, his or her condition and often even his or her geographic location. When the standard of care is violated, it is called negligence and for your attorney to win your claim for you, he or she has to provide proof that the medical professional’s actions were the direct cause of your injury.

A missed diagnosis can constitute medical malpractice as can improper treatment or medication. You need to know that it can be very hard to provide proof that malpractice has occurred and that a missed diagnosis or improper treatment on their own doe not always constitute malpractice.

What Info Medical Malpractice Attorneys Need

When you first sit down with a malpractice attorney, he or she will need to go over all available documentation that pertains to your medical history and treatment before he or she will agree to accept your case. This is how the attorney will decide if your case is worth taking on. Therefore it is crucial that you provide your attorney with all paperwork you think will help such as photos of your injuries, letters from your doctor or hospital, letters from your insurance company, information about your medical history, receipts from any medical bills you have and recorded notes about your condition and treatment. Take along anything you feel is related and which will help your attorney build a strong case.

Be Prepared for Rejection

It is common for medical malpractice attorneys to reject cases. Therefore, you should not become discouraged if the first attorney you speak to says that he or she doesn’t want to represent you. It could be as simple as a lack of time as the attorney could have other cases he or she is working on and therefore doesn’t feel he/she has time available to commit to your case. If this happens to you, simply resume your search for a competent attorney in your area so that you can set up another initial consultation.

Tiffany Elliot works as a marketing assistant for an Arizona medical malpractice law firm. She has written on family laws and social media.

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