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Why are all the malpractice firms I come into contact with say that they don't handle medical battery cases?

Fond Du Lac, WI |

Why do all of the medical malpractice firms I come into contact with say that they don't handle medical battery cases? Well, it's not even the firms saying it specfically, it's their RN speaking on behalf of the firm. What is this? Should a RN be speaking on what types of cases the firm does and does not take? These RN's are also completely clueless about statutes, even said "If you think you're rights have been violated I can give you a number for a civil rights complaint." Well no kidding my rights have been violated, I didn't authorize the treatment! I need an attorney who deals with medical battery....

Attorney Answers 4

  1. Best answer

    Not all states allow for medical battery claims. For instance, medical battery claims were not allowed in Arizona until the last decade. Some medical malpractice attorneys are unfamiliar with battery claims since the elements are usually different. You are describing a medical battery claim for lack of consent which also may constitute a breach of fiduciary duty claim. Again, those claims are limited in some states as well and not all malpractice attorneys are familiar with the elements of this type of claim.

  2. I'm sorry to hear about this. You can use Avvo's "find a lawyer" search tool for a list of thousands of lawyers in your state to choose from. You may want to offer an up front fee to entice a lawyer to review your case. I don't know any lawyers who turn down up front fees.

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  3. The larger law firms "cherry pick" medical malpractice cases. They have to, because the way the law is written it is extremely difficult and expensive to pursue a medical malpractice case. They'll rarely accept a case unless the damages are permanent and grave.

    Due to the sheer number of people who believe they may have a case, it is very common to have a non-lawyer do the screening. The law comes right out and states that an unfortunate medical result is not actionable, what is required is below average standard of care treatment that causes damage.

    Battery is in fact a claim that is often included. At this point, keep looking.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  4. You have made a number of posts recently. I gather your complaint is against a psychiatrist, and the incident may have happened a long time ago. You have never clearly explained what your damages are, either. Without disparaging your potential case, I will tell you that the cases lawyers are interested in taking generally involve fairly recent events with clear departures from accepted care and very substantial injuries. If on an interview the claim lacks a serious injury, the interview generally ends right there. If the injury is there, a lawyer may take on a case with tough liability or tough causation, or a statute of limitations issue, but the more tough issues, the less likely that a lawyer will take a case.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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