Is this why a medical malpractice lawyer turned your case down? You thought that you had a slam dunk case, but you cannot seem to find a medical malpractice lawyer, or firm, interested in assisting your case. What could it be?
The main purpose of this Maryland medical malpractice educational article is to help you understand why a lawyer might not be interested in handling your claim. Please remember that there can be numerous reasons as to why a medical malpractice lawyer may not want to take your case. With that said, I will highlight an important reason as to why you might not be able to find anyone to help.
HOW TO PROVE MEDICAL MALPRACTICE IN MARYLAND…
Medical malpractice cases fall under an area of law called tort law. When making a finding of negligence, there are essentially four basic elements that must be proved. The elements are duty, breach of duty, causation, and damages. To take things a step further, in Maryland medical malpractice cases, one must be able to prove that their treating doctor fell below the standard of care owed to them, causing their injury.
The last sentence in the above paragraph is proven using medical experts. These experts will give an opinion as to the standard of care and whether there was a deviation from the standard, causing your injury, or damages. To understand the question above of why a medical malpractice lawyer turned your case down, you need to understand for this article the issue of damages.
WHY A MEDICAL MALPRACTICE LAWYER TURNED YOUR CASE DOWN?
In some cases, there may be an injury, but the cost of bringing the case outweighs the value. If you are in this type of situation, it can be hard to find a medical malpractice lawyer who will take the case. Being upside down in a case is not a good thing.
One of the easiest ways we can see this (being upside down) is through this simple example. Let us say that a case has a value of 100k. This amount factors everything in the case that a lawyer would use to get an approximate case. However, to get that 100k, it will take almost 80k to bring the case. Can you see how this can have a negative impact on the case? Since these cases can take years to work up, a net of only 20k will make a lot of clients unhappy.
DO YOU HAVE A MEDICAL INJURY THAT YOU WANT TO TALK ABOUT?
Hopefully now you have a good idea as to one reason why a medical malpractice lawyer turned your case down. If you have had your case turned down, remember you can find out if the lawyer has a reason as to why the case was rejected.
If you have suffered a medical injury and you would like to speak with me further this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815