Top Reasons Why Lawyers Turn Down Medical Malpractice Cases | Indiana Medical Negligence Attorneys
December 10, 2021
If Indiana medical negligence attorneys have repeatedly turned down your malpractice case, you are not alone. Be that as it may, a denial by an attorney or paralegal does not necessarily mean that you don’t have a legitimate malpractice claim. I hope this article will give you insight into why your claim was denied and how you should proceed.
From the perspective of Indiana medical negligence attorneys
Indiana medical negligence attorneys routinely field calls from folks who have been injured or poorly treated by physicians, pharmacists, nurses, and other medical providers. But unfortunately, only a tiny fraction of cases warrants a deeper look. This is not to say that a medical provider did not wrong you. But in most instances, the damages must be catastrophic to proceed.
There are several justifications why an experienced medical malpractice lawyer or law firm may decline your claim. With this in mind, most denials stem from at least one of the following reasons.
1— Damages are less than the cost of litigation
Indiana medical negligence attorneys use their financial resources to litigate a claim of medical malpractice. This system, commonly called a contingency fee, allows people from all walks of life, from the very wealthy to those in need, to bring valid negligence claims before the courts.
Litigation is time-intensive for attorneys and their staff. But it is also costly for firms to pledge their monetary resources to a case. This is especially true for medical malpractice claims where physicians command exorbitant fees for necessary reports and depositions. So, for the law firm’s health, the damages suffered by the injured party must be greater than the cost of litigation. That is one key reason why most Indiana medical negligence attorneys limit their practice to claims involving catastrophic injuries.
2— The Statute of Limitations
In the state of Indiana, a person has two years from the date the medical malpractice was discovered—or should have been found―to bring a claim against a negligent provider. However, for children, the statute is somewhat different. For example, a child under six years of age who was harmed by the negligence of a medical provider has until the age of eight to file a claim against the wrongdoer.
Injured patients often phone an attorney prematurely―before the extent of the treatment and damages are known. While on the other hand, some patients wait until the statute has nearly run before seeking legal counsel. Patients rarely realize that malpractice attorneys need time to request and thoroughly review all medical records, investigate and interview witnesses, and devise and enact a successful strategy applicable to the facts of their case. Preparation takes time. And if Indiana medical negligence attorneys do not have enough time to adequately prepare their case, they will almost certainly turn it down.
3—Unable to establish causation
In any negligence case, be it a vehicular accident or medical malpractice, a lawyer must prove the five elements of negligence. This ultimately means the medical provider in question is responsible and liable for your damages. The question of “who” may have caused the injury is often apparent to the patient, but the facts may show otherwise in complex medical matters. Again, if Indiana medical negligence attorneys feel causation might be too challenging to overcome, your case may be denied.
4—Injured party bears some fault for their injuries
Under the Indiana Malpractice Act, the patient is held to the “contributory negligence” standard. Meaning if you, the patient, were even slightly responsible for your injury, you would be forever barred from receiving financial compensation for your injuries. Therefore, after careful review or discussion of your claim, an experienced malpractice attorney who sees this as an issue too challenging to overcome, your claim may be denied.
5— Indiana medical negligence attorneys already have a full caseload
Most attorneys who limit their practice to personal injury, wrongful death, and medical malpractice claims have selected this field of law because earning a living while helping injured clients appeals to their values. As a matter of fact, the majority of personal injury lawyers that I have known have personal stories fueling their careers.
And as I stated earlier, medical malpractice claims are acutely time intensive. They also require valuable costly resources to litigate. But more importantly, every client should receive just compensation that enables them to move forward with their lives in the best possible way.
For that reason, claims that may seem well-founded on the surface may still be denied as it would stretch the legal team and their resources too far. However, your claim may be referred to other Indiana medical negligence attorneys in situations such as this.
If malpractice attorneys have rejected your claim, remember that it does not unquestionably mean that you do not have a good suit. Attorneys view a case through their lens of experience and knowledge. But this does not imply that another attorney might not see your claim differently. Therefore, I would recommend that you seek out the opinions of several other attorneys before you let it go.
On the other hand, if you hear similar explanations for rejecting your claim from several experienced attorneys, it may well be that there is a legal obstacle that stands in the way of your lawsuit. If this has happened to you, and you feel you have exhausted all reasonable avenues of presenting your claim, do not take it personally. Medical malpractice in Indiana is challenging to prove, as many in the legal community will tell you.
Our team of Indiana medical negligence attorneys welcomes your calls!
Ward & Ward Law Firm has more than 98 years of combined experience. We limit our practice to personal injury law, including injuries from accidents, medical negligence, and wrongful death. If a medical provider has injured you or someone you know, we would like to speak with you.
Call attorney Charlie Ward today at (317) 639-9501 for an honest assessment of your medical malpractice claim.
The Indiana Medical Malpractice Act guides most claims brought against medical providers throughout the state. You may be interested in reading about Indiana’s Medical Malpractice Act.