Medical malpractice cases are difficult to prove and expensive to pursue. Most top medical malpractice attorneys will not take a case without substantial damages. The reason is that in a small damage case, the attorney gets his fee, the experts, who are very expensive, get their fee, and the client is left with little or nothing. We have ethical obligations to potential clients to avoid this type of situation.
In addition to this, experienced medical malpractice attorneys know that these cases do not readily settle like other personal injury cases (auto accidents for example). If a case with low damages proceeds to trial, not only will the expenses likely exceed any award of damages, a jury will be less likely to find against a doctor that did not cause serious and permanent injuries. Most juries give the doctor the benefit of the doubt if the evidence presented is a close call. Last year, of all the medical malpractice cases tried in this country, only one-third were won by the plaintiff/patient.
Thus, it is not an issue of how much money an attorney can make--but rather a reflection of these difficult cases in general.
Let me just give you a few things to think about here. Two reasons that jump out in this situation are 1) The need for corrective surgery almost certainly confirms/proves that the original surgery was faulty in some way, by virtue of the fact that another doctor was willing to operate on you to correct it, and 2) The cost of these cases is very expensive and an attorney can always expect litigation of the case, involving a great deal of time and money.
If attorneys are going to get involved in a malpractice case, they want to know that they have liability nailed down, and that there are damages sufficient to justify the time and money which will go into the case. The additional surgeries also create additional damages by way of the pain and discomfort and expense one has to endure to undergo the procedure. Hope this helps.
JOYCE J. SWEINBERG ESQUIRE
Attorney at Law
105 A East Maple Avenue
Langhorne PA 19047
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
I agree with the previous answer. Unfortunately, lawyers are in the business of lawsuits. If a case is not going to provide any income for the attorney, the attorney will not take it out of his or her good conscience or the kindness of their heart. For a medical malpractice case, lets say it costs a law firm $43,000 to bring a case from its beginning to trial (which it usually costs much more). This means that for the attorney to take the case and just break even (putting $0 in his own pocket) the defendant in your case would have to offer $129,000.
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