Being a victim of medical malpractice can be overwhelming as you have to deal with injuries or illness and struggle financially. Thankfully, a reliable Miami medical malpractice lawyer will help you navigate the legal system and will work with you every step of the way. Your attorney will carefully evaluate your claim and determine if they can take on your case. But, a skilled lawyer may reject your case because of the following reasons:
Lack of Provable Malpractice
When you file a medical malpractice claim, you need to prove that the healthcare provider’s negligence harmed you. To prove this, you should have an established doctor-patient relationship, that your doctor did not give the expected standard of care, their negligence injured you, and that your injuries directly resulted from their lack of care. You cannot file a medical malpractice claim for facing rude medical experts, getting untreatable conditions, or having worsening conditions. A medical malpractice case takes into account how a reasonable doctor would act. It will not be medical malpractice if other doctors who have the same qualifications would have made similar decisions. Click here for more information.
Difficulty in Showing the Cause of the Injury
As a possible claimant, you need to prove your injuries directly resulted from the medical provider’s negligence. But, without important evidence that links the provider’s care or lack of care to the injuries you have suffered, you can’t pursue a claim.
Insignificant Damage
Medical malpractice lawyers often work on a contingency fee basis. Thus, they do not charge for the services they offer unless they win your case. This means that they only get paid when they recover compensation for you. If your claim involves minor damages, the litigation costs can exceed the possible damage. In this case, a lawyer will have to reject your claim.
Lack of Eligible Survivors. Medical malpractice attorneys may need to reject a claim due to a lack of eligible survivors to get compensation. If a victim dies because of negligence, a spouse, child, or parent can seek compensation. Without a survivor available, no case can be pursued.
Lack of Actual Damage
To seek compensation for damages in a medical malpractice case, the damages should have actually taken place. Damages that might have happened or speculative damages don’t qualify for compensation. For instance, you cannot pursue a case even if your doctor acted negligently if you took action to prevent harm. Your attorney should be able to explain to you whether or not you have a case.