I recently read an interesting online article entitled “Patient Harm: When An Attorney Won’t Take Your Case”. The article describes the sad truth that most legitimate medical malpractice victims will never find a lawyer to represent them because their injuries are too “insignificant” to be “litigation worthy”.
You see, medical malpractice cases are extremely expensive to bring because (1) the doctors and their insurance companies will generally fight you all the way to trial and won’t settle; (2) to prove your case, you need to hire at least one, and usually more, expensive expert physicians who will testify that the defendant doctor committed medical malpractice and who will describe the injuries he caused you.
Because medical malpractice cases are so expensive (the costs, not including attorney’s fees, are generally at least $50,000 and usually closer to $100,000), the amount of compensation a jury is likely to give you for the injury has to be worth at least $250,000 to make it worth the lawyer’s time, and worth the risk he is taking of going to trial and losing.