The people who want us to represent them may be coping with severe injuries and illnesses, the loss of loved ones, and financial difficulties. The attorney must provide you with an honest assessment of your case. Unfortunately, military and VA medical malpractice laws are complicated, and these cases are very difficult to prove and win without the right evidence. Although every case we evaluate is unique, here are some of the common reasons we do not take cases:
We Don’t Think Your Case Will Meet the Threshold Elements for Medical Malpractice
To win a malpractice case, a medical provider must have given substandard treatment and this negligent treatment must have resulted in significant harm. This could include a missed diagnosis, significant delay in treatment, improperly drafted medical records misleading other physicians, and other medical errors. However, it’s important to understand that not all errors are considered malpractice. Your injury MUST have been actually and foreseeably caused by your medical provider. Also, if you signed a consent form agreeing that you understood the risk of the procedure, then you may also not have a case. Also, if other medical professionals in the same position would have made the same decision, then you likely don’t have a medical malpractice claim.
Another major reason, an attorney will not take your military or VA malpractice case is the 2 year statute of limitations has passed or there is not sufficient enough time to get your case finished by the statute of limitations.
Some people also think their damages are worth way more than their attorney suggests. If the client cannot be talked down to a reasonable amount, then you may not have been a good fit for that law practice.
Our attorneys work extremely hard to fight for the rights of medical malpractice victims. Expert witnesses cost hundreds to thousands of dollars depending on the specialty needed. Also, an expert might be hard to find! Since we accept cases on a contingent fee basis, we do not get paid unless we recover compensation for you. Additionally, military and VA malpractice claims take quite a bit of time (ie. 1-3 years) to resolve or move forward to Court. Those factors require us to be very selective about the cases we accept. There are other instances where it is too difficult to prove what damages you may have suffered from the medical condition for which you originally sought medical care and what damages were the result of any medical negligence. The law requires us to prove that the outcome more likely than not would have been different and that can be difficult to prove in some cases.
Contact Balkcom Law Firm, PLLC if you want a military or VA medical malpractice case review.
