Reasons Why A Medical Malpractice Attorney May Be Unable To Take Your Case
After suffering an injury under the care of a medical professional, people usually seek the help of a medical malpractice attorney. People usually approach a medical malpractice attorney so they can help them file a claim against the medical professional and recover compensation. However, medical malpractice attorneys do not accept all the cases presented to them. If you suffered an injury under the care of a medical professional, you should know there are several reasons why a medical malpractice attorney would refuse to take your case.
The following are some of the reasons a medical malpractice attorney may hesitate to pursue your case.
There Is No Provable Malpractice
It can be upsetting to suffer an injury under the care of a medical professional. But there is usually a certain amount of accepted risk to every procedure. Just because you suffered harm under the care of a medical professional does not automatically mean you have the legal right to file a claim against the medical professional and recover compensation. To prove negligence, you must prove that the defendant’s treatment of you fell below an accepted minimum level known as the “standard of care.” Therefore, even if you did not get the best or highest level of treatment, that does not necessarily equate to negligence.
Case Costs Exceed Likely Damages
Most medical malpractice attorneys work on a contingent fee basis, meaning they advance the out-of-pocket costs associated with pursuing your medical malpractice case. If there is a recovery in the case, the costs are taken out of the client’s recovery; if there is no recovery, the attorney absorbs the loss of the advanced costs. A medical malpractice attorney may be unable to take your case if the costs of pursuing the case are disproportionate to the likely damages. In short, your medical malpractice damages must be severe to justify pursuing a claim. Generally, only cases involving permanent, catastrophic injuries or death are filed.
Expired Statute of Limitations
There is a time limit for filing medical malpractice cases in Georgia. You generally have two years from the date of the malpractice to file a claim. However, there are limited exceptions to this general rule. For example, if fraud or deception conceals a medical professional’s negligence, a victim would have two years after the date of discovering the fraud or deception to file a medical malpractice claim. Also, if a misdiagnosis results in a subsequent, new injury (e.g., a missed tumor metastasizes), then you may have two years from the date of the new injury. Finally, if your loved one dies from negligent medical treatment, you have two years from the date of death to file a wrongful death claim.
If you approach a medical malpractice attorney when the statute of limitations on your case has expired, they may not be able to take your case. For this reason, it is vital that you have your case reviewed by an attorney as soon as possible. After suffering an injury due to the negligence of a medical professional, do not wait to consult an attorney.
Contact an Atlanta Medical Malpractice Attorney
If you suffered an injury under the care of a medical professional in Georgia, contact our Atlanta medical malpractice attorney at Carroll Law Firm. We can help you determine if you have a valid case. If you do and the statute of limitations on your case has not expired, we can help you recover the compensation you deserve.