The Attorneys and host forum discussion covers the complexity of pursuing a medical malpractice case.
These types of cases require medical experts from the same medical specialty to give affidavits and be willing to testify. The expert fees, affidavits, lawyer’s fees, and depositions raise the cost of the case. The client is responsible for the cost of pursuing the case.
The amount that they can possibly win through a medical malpractice case hinges on the severity of damage they received as a direct result of the medical malpractice.
Sadly, if someone is entitled to $25,000 in damages, but the cost of pursuing the case is $100,000 then the case, while still a valid case, is just not cost effective to pursue.
Even if the damages were $100,000, the client may have to spend $50,000 just to pursue a case that they could possibly lose.
One of the difficult aspects of determining if a person should go forward with a medical malpractice suit is evaluating if the risk of losing the case and ‘damage award potential’ –are cost effective to pursue. These cases must be carefully screened.