Can’t get a medical malpractice attorney to take your case? In other words, are you being turned away by medical malpractice attorneys because, in their words, you do not have a “traumatic” injury? In this context, we are using traumatic to mean a “high value” injury. This is an important inquiry because we have had this question asked of us many times in the past.
The purpose of this Maryland medical malpractice educational article is to help you understand some of the important steps which go into the analysis of a medical malpractice case. At the conclusion of this article, you should have a better grasp as to this issue and how it will apply to your set of facts.
WHY MEDICAL MALPRACTICE CASES CAN BE SO DIFFERENT THAN OTHER INJURY CASES…
In Maryland, medical malpractice cases can differ in some instances from other injury cases. Much of this is the case because of what is needed to prove medical malpractice cases. Maryland law is specific as to what a plaintiff, the person bringing the case, must prove to be successful. Like many other injury cases, medical malpractice deals in the realm of negligence law. This means that there are four basic elements which must be proven. They are the following:
- BREACH OF DUTY
In addition to the above elements, medical malpractice cases require that you prove that your treating doctor deviated from the standard of care owed to you, and by deviating from that standard of care, caused your injury or harm. This opinion as to the standard of care must be given by a medical expert. This expert will review the medical records and the facts surrounding your case and give that opinion as to whether the treating doctor deviated from the standard causing your injury. This is in stark contrast to the requirements in some other injury cases.
CAN’T GET A MEDICAL MALPRACTICE ATTORNEY TO TAKE YOUR CASE?
When you can’t get a medical malpractice attorney to take your case one of the reasons could be because you do not have a traumatic injury. As I stated above this issue comes up in our office from time to time by individuals who have talked with another medical malpractice attorney and have been told that because they do not have a traumatic injury, that attorney will not take their case. This can cause confusion in the caller because in their mind they have been injured.
Some attorneys require the injury to be traumatic because they do not want to leave their client upside down. By upside down I mean that the doctors and lawyers make more on the claim than the injured person. A person can be upside down because a medical malpractice attorney must pay for medical experts to review the case, among other things. These medical experts can be quite expensive in these cases. Once you factor in the cost for the medical experts, other costs, and the legal fee, the amount recovered to the client must be enough to overcome these other monies. If the recovery is not enough, then the client will be upside down, unfortunately. As a result, some medical malpractice attorneys will not take a case unless the injury is “traumatic.”
LET’S TALK MORE ABOUT YOUR INJURY…
Hopefully now you understand some of the issues surrounding if you can’t get a medical malpractice attorney to take your case. If you have been injured while in the care of a doctor or hospital 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 medical malpractice and birth injury questions like yours all the time and I will be happy to take some time and listen to your story. Just reach out to me at the number above.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP