QUESTION

why are all the law firms afraid to take on a big named doctor in a malpractice case

Asked on Jul 10th, 2013 on Medical Malpractice - Pennsylvania
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Since I do not have all the details regarding your potential case and since I haven't talked to the law firms you have discussed this matter with, I can't completely answer your question.  However, I can tell you that medical malpractice cases are very difficult to pursue.  They cost a very large amount of money to litigate and many states require that you hire an expert witness (usually another doctor) to testify on your behalf and against the doctor you are suing, even before you can file the lawsuit.  Many doctors don't want to testify against other doctors and all expert witnesses are paid and their rates can be in the $1,000's.  In addition, many juries do not want to convict a doctor of medical malpractice. They feel that doctor's are "do gooders" and they save and help people and they do not want to punish them.  This makes verdicts in favor of plaintiffs pretty rare these days.  Thus, it may not be that the law firms are "afraid" but rather that they feel that the hurdles of medical malpractice cases and any potential negative aspects of the potential case outweigh the likelihood of a favorable verdict.  The liability in these cases has to be very clear and the damages extremely high in order to find an attorney to jump into a medical malpractice case. Also, you might have a statute of limitations issue.  I can't say for sure because I do not know the date of your incident and am not familiar with your state laws, but you likely have two years to file a lawsuit. Sometimes this amount of time can be longer or shorter, depending on your specific state laws.  So, if you are close to your SOL expiring, then another attorney might also find this to be a negative aspect of the case.   Also, some of the law firms or attorneys might have a conflict of interest.  They could know the doctor (family or friend, or it could also be their doctor) and thus, they might not be able to take the case because of that issue.  Finally, there might be some negative facts surrounding the potential case that are dissuading them.  I hope this helps explain.  NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. 
Answered on Jul 15th, 2013 at 4:33 PM

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