Top 5 Common Reasons Why Lawyers Say No to Medical Malpractice Claim

And, all malpractice claims are classified as a tort action, a civil wrongdoing committed by an individual (defendant), which has caused some injury to another (plaintiff).

Since the litigation process is so costly, too extensive, time consuming and could really be very exhausting, lawyers are getting more particular in accepting medical malpractice claims.

Attorneys are being careful in prescreening potential clients. They can't just jump on the case without doing their assignments. For what at stake in any malpractice claim isn't just the credibility of the service providers (physicians and etc), but, their licenses and their reputable names and businesses as well.

Compensation from damages sustained could be very rewarding, to the point that it could drain all of the defendants' savings. But, that isn't what lawyers look for.

Attorneys can't just daydream of the dollar sign and accept all claims, just like that. They have a responsibility to exercise due diligence even before accepting the case.

Below are the top 5 common reasons why attorneys refuse to a medical malpractice claim:

1. Statutes of Limitation have expired. Most torts, in most jurisdictions have a two years time frame to file the claim. If it lapsed, of course they can't accept it anymore, especially if it's years or even just months over;

2. Injuries are not significant enough to file the case. In medical malpractice cases, the injuries sustained are the substance of the case, so, if it is not substantial enough, the plaintiff and the attorney could be penalize by court, by simply causing and wasting the court's time to irrelevant and malicious complaints;

3. Lies and exaggeration. Lawyers are too good to discern facts from lies; they can tell if you are exaggerating stories. Although, human error sometimes they have lapses too and have missed to check the credibility of their client but, what happens if the plaintiff lies and the jury finds it, they will turn the case out of court and sue the plaintiff for perjury. Credibility always counts;

4. Conflict of Interest. This one of the 10 commandments in the legal profession. Lawyers are bounded with rules, regulations and ethical standards. What happens is that when a prospective client walks in, prior to commencing on any procedures; attorney would have their legal secretaries check that client's name for a potential conflict of interest. If someone from the firms know that walk in client, or related to anyone in the firm, the attorney can't accept the case.;

5. You're insisting and demanding. You go to an attorney to seek legal help and/or legal advice, so, you ought to listen and try not to argue. There will be no sense in seeing them if you would insist your own perspectives. Be patient, for that's the best way to cooperate;

If the attorney rejects your case, there will always be a valid reason for it. Often they would discuss it and would give you suggestions and options to see another lawyer for second opinion, so, don't get frustrated. Instead keep your focus on the case, gather more evidences as you can and keep track of the statute of limitation.

Check the local State Bar for lawyer referrals; or the Legal Aid Society chapter in your area, to check if you qualify for their low cost legal services.