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  1. #1
    Join Date
    Feb 2019
    Posts
    14

    Default Criteria for Attorney Taking a Malpractice Case

    My question involves malpractice in the state of: AZ

    Hello, Apart from "Causation" what other criteria do malpractice attorney use for choosing to work with a potential client.

    Here is the scenario. I had an attorney review my records ' in house', then he sent it out to medical expert for review. As per attorney ' there is merit' but he does not want to take the case. He did not give me any other reason than this.

    This is a case of delay in diagnosis, delay in treatment with subsequent loss of a body function. As we all know if there is a delay in diagnosis with delay in treatment the outcome might be less than optimal. And if the diagnosis was made ASAP and treatment started immediately the chances of the better outcome is highly likely.
    Not sure if I am missing something.

    Part of me feels I should look for another attorney, however not sure what to expect. Am I wasting my time looking for attorneys !

    This is the second attorney who dropped the ball.

    The first one was holding on to my charts for ' several weeks, refusing to return email or phone calls". At the end he sent a note saying that he is busy with few trials and would not be able to spend ' quality time on this case, as it's complicated'

  2. #2
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: Criteria for Attorney Taking a Malpractice Case

    The most important criteria for the attorney, after determining whether your case actually has merit, is whether it is financially worth it to the attorney to take on the case. Usually in a contingency case the attorney pays the costs up front. If the client ends up directly liable for them or they are included in the attorneys fee is a based on your retainer

    medical malpractice suits can be very expensive. If the attorney does not see enough money in it for their efforts, they will decline the case.

  3. #3
    Join Date
    Feb 2019
    Posts
    14

    Default Re: Criteria for Attorney Taking a Malpractice Case

    medical malpractice suits can be very expensive. If the attorney does not see enough money in it for their efforts, they will decline the case.[/QUOTE].

    Thanks....My case if it wins we would be able to win a lot of money. I am a middle aged female, earning in 6 digits and this has made work difficult for me.

    I feel , the attorney thinks that if the case is filed, the case would go to jury trial ( not get settled) and that the defendants would prevail as juries are sympathetic towards defendants and not plaintiff..

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,963

    Default Re: Criteria for Attorney Taking a Malpractice Case

    If the attorney feels that the defendant is likely to prevail, then that's a valid reason to turn down the case.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: Criteria for Attorney Taking a Malpractice Case

    Quote Quoting xyzabc
    View Post
    medical malpractice suits can be very expensive. If the attorney does not see enough money in it for their efforts, they will decline the case.

    Thanks....My case if it wins we would be able to win a lot of money. I am a middle aged female, earning in 6 digits and this has made work difficult for me.

    I feel , the attorney thinks that if the case is filed, the case would go to jury trial ( not get settled) and that the defendants would prevail as juries are sympathetic towards defendants and not plaintiff..
    I think the people involved with the Stella liebeck case would disagree with you on juries favoring defendants.


    If it were only thst simple, all a defendant would need to do is refuse to settle and then assert their right to a jury trial when the suit is filed. It isn’t that simple

  6. #6
    Join Date
    Feb 2019
    Posts
    14

    Default Re: Criteria for Attorney Taking a Malpractice Case

    Quote Quoting cbg
    View Post
    If the attorney feels that the defendant is likely to prevail, then that's a valid reason to turn down the case.
    He did not say that. I am just thinking aloud..

    Posting here on this forum to see if there are other reasons an attorney might refuse to file a case !

    Quote Quoting jk
    View Post
    I think the people involved with the Stella liebeck case would disagree with you on juries favoring defendants.


    If it were only thst simple, all a defendant would need to do is refuse to settle and then assert their right to a jury trial when the suit is filed. It isn’t that simple
    I do not know anything about this case. I shall read up on it. I agree with you in that if defendants would prevail when a case goes to jury trial I am sure malpractice attorneys would want to only represent defendants and not plaintiffs.

    I have zero knowledge of malpractice cases up until this happened to me. Still trying to educate myself so that I can be my own advocate !

  7. #7

    Default Re: Criteria for Attorney Taking a Malpractice Case

    They take them if they feel it's easy money.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,422

    Default Re: Criteria for Attorney Taking a Malpractice Case

    An attorney being asked to take a case on contingency must believe that the fee he/she receives in the end will justify the time he/she spends on the case. For example, if the attorney believes he/she will have to spend 100 hours on a case, then he she is going want to be sure that the client's expected recovery, multiplied by whatever the contingent rate is (often 1/3), divided by $100, will result in a reasonable hourly rate. For example, if a lawyer wants to earn approximately $200 per hour and believes it will take 100 hours and is working on a 1/3 contingency rate, then the attorney will not take the case unless he/she believes the client can reasonably expect to recover $60,000. Of course, there are other factors to consider, but that's the how the basic consideration is generally going to go.

  9. #9
    Join Date
    Jun 2014
    Posts
    3,038

    Default Re: Criteria for Attorney Taking a Malpractice Case

    It amazes me how some people expect attorneys to work for little to nothing. These same people would not perform their work for little to nothing. Attorneys do make good money. Those in private practice have to pay their employees salaries, insurance, rent, utilities, machines plus their upkeep, malpractice insurance, etc. Most younger attorneys also are still paying on their debt from law school.

  10. #10

    Default Re: Criteria for Attorney Taking a Malpractice Case

    Quote Quoting xyzabc
    View Post
    medical malpractice suits can be very expensive. If the attorney does not see enough money in it for their efforts, they will decline the case.
    .

    Thanks....My case if it wins we would be able to win a lot of money. I Tutuapp 9Apps ShowBox am a middle aged female, earning in 6 digits and this has made work difficult for me.

    I feel , the attorney thinks that if the case is filed, the case would go to jury trial ( not get settled) and that the defendants would prevail as juries are sympathetic towards defendants and not plaintiff..[/QUOTE]

    This is a case of delay in diagnosis, delay in treatment with subsequent loss of a body function. As we all know if there is a delay in diagnosis with delay in treatment the outcome might be less than optimal. And if the diagnosis was made ASAP and treatment started immediately the chances of the better outcome is highly likely.

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