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  • Writer's pictureAleezeh Hasan

Why your medical malpractice case may not be taken

Medical malpractice is more common than you may think. In 2013 it was cited that every year in the United States more than 210,000 patients died a year from mistakes made in the hospital.

For those that do survive a mistreatment, finding a lawyer to aid them in defending their case is often difficult. About 95% of people who believe they have suffered from medical practice and are looking for a lawyer will have major problems with finding one.


If you are having difficulty with finding an attorney after a medical malpractice case, these may be some of the reasons why:


· Your case is a hard one. Usually lawyers are not paid unless they win the case, leading to them not wanting to pick up cases that are difficult or unlikely to go in their favor.

· Financially, it doesn’t make sense. In most cases, the lawyers will have to invest close to $50,000, and will not want to lose that money if the end up losing.

· You are elderly or retired. Anyone who does not have a steady income often has their case rejected. People past retirement age can be overlooked because of low-income or lack of dependents.

· The damages are less than $250,000. In cases with a small payout, attorneys likely won’t take the case because they do not consider it to be worth it. Even if they do foresee themselves winning the case, they will still refuse to pursue it.

· It might not be worth the time. Some cases can lead to long trials that can go on for years. To save the patient from the distress of a difficult situation like this, it might make more sense to not take on the case.


While many victims of medical malpractice might not get their cases taken on by a legal representative, some can receive other forms of compensation. Doctors are encouraged to be open and honest with their patients about mistakes. Patients will usually accept an apology and, in some cases, a small amount of money. Changes in how the medical community is operating could ultimately save everyone from lawsuits with little to no result.

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