Thousands of medical negligence cases are reported each year in the United Kingdom. Although, some cases may seem clear cut, some of them never reach a settlement stage or ever get the opportunity to be tried in the courtroom.
If you believed, you were harm; as a result, of a medical professional’s carelessness, you may be surprised at the difficulty of finding an attorney to take on your case when filing a personal injury suit.
There are many reasons; even a very experienced personal injury attorney may refuse to represent you. Here are a few reasons why.
1. Lack of Injuries or Damages
Unfortunately, medical negligence claims are not valid if you could have been hurt or killed but wasn’t.
If you didn’t sustain any substantial injuries or if it didn’t result in any financial loss then it will difficult to form a successful claim that the court will admit.
Also, if you in any way contributed to your injuries, then medical negligence solicitors may choose to pass on your case.
2. Low Economic Damages
Law firms are just like any other business while they may genuinely be interested in helping people; they must also turn a profit.
Some medical negligence solicitors turndown cases if they feel that it will not be worth their time and effort.
The financial costs of medical malpractice cases can range from £50,000 – £100,000 and in some cases it can exceed that amount.
An attorney will not be willing to invest that amount money in building a case if the potential payout is low.
3. No Causation
Sometimes a medical error may not be grounds for a personal injury lawsuit. In the UK, the patient must prove that a mistake made by a physician or another medical provider is the direct cause of the injury.
If the outcome would have been the same if the patient had been treated by another competent doctor a medical negligence case does not exist.
For example, if there was a short delay in diagnosing a disease due to other health complications even a skilled attorney will not take on your case.
4. Lack of Evidence
Just like with any other case, without proper or substantial evidence a medical negligence will not be successful. It is not enough to accuse the doctor of being a negligent there must be supporting evidence.
If your health was poor prior to the incident proving negligence can be especially difficult. Evidence can include medical records, medical history, dates of doctor visits and expert testimony.
Malpractice cases are also dependent upon expert witness. If no expert witness is willing to support your case then, medical negligence solicitors will also turn down your claim.
Finding a good personal injury attorney to represent you in a medical malpractice case be extremely difficult.
If you feel that you have a credible case then, it’s important to give up on your case. You can find a good solicitor via referrals or through an online search.