So, while I have little chance to resolve this in small claims courts, I also have little chance to find a medical malpractice lawyers who would take this case (on contingency basis) & try to settle it, right ? So basically there is little hope for a legal remedy for me, or for other patients whose providers may have been guilty of minor medical malpractices.
And when I refer to "minor" I mean the damage to the health and/or the pocket book, not the level of negligence. But what makes a medical malpractice suit more valuable:
(1) The damage to the health of the patient is high
(2) The money the patient paid for the botched procedure is high
(3) The degree to which the doctor is negligent is high
I have handled medical negligence cases throughout my 30 year career. Unfortunately, the only cases worth pursuing for both the client and the attorney is a clear liability case (high negligence) and horrendous injuries to the patient, and clear causation. The malpractice laws have been changed by the legislature in recent years to make it tougher to sue, and much more expensive. The physicians' insurance carriers rarely settle cases without protracted litigation. I worked on a case 20 years ago now, that went to trial, was appealed up to the highest court in the state, and then a new trial was ordered. It took 10 years to get that far, and I spent 50k of my own money in costs. The case was never tried again because my client was unable to be present in court the second time, so I was out the time and money. These are risky, expensive cases even when there is clear liability because the defense makes it so. The cost of the botched procedure is rarely ever a consideration in my taking the case. I hope this info is helpful. It is unfortunate that the laws make the procedure so difficult.