My Doctor Made a Mistake. Why Are Attorneys Declining To Take My Case?
When a medical professional makes a mistake, the results can be devastating. A medical mistake can result in a patient suffering severe injuries or worsening conditions. After a person suffers harm under the care of a medical professional, they may consider filing a medical malpractice claim. To seek justice, the injured seek the counsel of a medical malpractice attorney. However, people frequently find it difficult to secure legal representation. Sometimes, attorneys turn down cases. If you are considering pursuing a medical malpractice claim against your doctor after they made a mistake but are finding it difficult to secure an attorney, you may be feeling frustrated or confused. Medical malpractice attorneys may decline cases for several reasons, some of which are discussed more fully below. The following are some of the reasons why a medical malpractice attorney might not be able to represent you.
- Lack of Strong Evidence of Negligence
Just because your doctor made a mistake does not automatically mean that it is a case of medical malpractice. In Maryland, the law requires expert testimony that the medical professional violated the “standard of care.” The fact that something went wrong is insufficient to sustain a claim alone. Instead, it entails showing that the medical professional didn’t act as a reasonably skilled medical professional would have under similar circumstances. If there isn’t enough evidence to prove that a medical professional violated the standard of care, an attorney will generally refuse to take your case. It is not the sole decision of the attorney because the suit cannot be initiated without a certification from an expert witness. Without certifiable proof of a deviation from the standard of care, a medical malpractice attorney will not be able to file suit on your behalf.
- High Costs of Litigation
Proving a medical malpractice case requires assistance of medical experts. Hiring medical experts is generally very expensive. If a case goes to court, litigation can be costly. The average inquiry may have merit but the projected recovery, assuming a win, may fall short of what is required to litigate the case. If a medical malpractice attorney feels the risks and costs exceed the likelihood of recovery, they must decline the case.
- Statute of Limitations
There is a time limit for filing medical malpractice claims called a “statute of limitations.” Under Maryland Courts and Judicial Proceedings Code section 5-109, states as follows:
In general
(a) An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:
(1) Five years of the time the injury was committed; or
(2) Three years of the date the injury was discovered.
Claimants under 11 years of age at time of injury
(b) Except as provided in subsection (c) of this section, if the claimant was under the age of 11 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 11 years.
Injuries to reproductive system of claimant or foreign objects left in claimant’s body
(c)(1) The provisions of subsection (b) of this section may not be applied to an action for damages for an injury:
(i) To the reproductive system of the claimant; or
(ii) Caused by a foreign object negligently left in the claimant’s body.
(2) In an action for damages for an injury described in this subsection, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 16 years.
Medical malpractice attorneys cannot pursue cases outside the statute of limitations. An attorney may also refuse to take your case if the expiration of the statute of limitations for your case is nearing, as it takes time to prepare a medical malpractice case.
- Jurisdiction
Many law firms can only practice law in their individual state. An attorney might refuse your case if it falls outside their jurisdiction. For example, a medical malpractice law firm in Maryland may not pursue a case that occurred in Pennsylvania. If an attorney is not licensed in the state where the incident occurred, they may not be able to represent you in that jurisdiction. The Law Office of Susan R Green is a member of the National Trial Lawyers Association and as such, has connections with attorneys throughout the United States. If your cause of action resides outside of the States that she is licensed, she will assist you in finding an attorney to review your case in the appropriate jurisdiction where warranted.
Contact a Towson Personal Injury Lawyer
If you believe you have a medical malpractice claim, you should reach out to an attorney. An attorney can examine your case and determine its validity. For help in Towson, Baltimore and throughout Maryland, don’t hesitate to contact our Towson personal injury attorneys at Hardball Law to schedule a consultation. You may live far from our main location but rest assured, we offer Zoom meetings, hospital and home visits, where warranted.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-109
