Evaluating Medical Malpractice Claims
You reached out to a lawyer after harm from your medical care and the answer was no. That stings and it raises questions. Is your claim invalid? Often, the answer has more to do with the circumstances of the case than with your experience.
At Harris, Powers & Cunningham, our firm has handled medical malpractice cases in Phoenix and across Arizona for more than three decades. Managing partner Frank Powers has been licensed to practice in Arizona since 1990. He is a Certified Specialist in Injury and Wrongful Death Litigation as certified by the State Bar of Arizona Board of Legal Specialization. Many days, we hear from people whom other firms turned down.
How We Evaluate Medical Malpractice Claims
We start by listening. We review what happened, the care you received, your injuries and the dates involved. Then we gather records and ask qualified medical professionals to review them. We also weigh the likely proof, the cost of pursuing the case and the time your case would need.
Five Reasons Our Law Firm May Decline A Case
We receive many calls from people who believe poor medical treatment or a lack of treatment caused them or a loved one serious injury or death. Before we undertake a medical malpractice claim, we must consider several legal, practical and financial factors. Some common reasons we may not undertake a medical malpractice case may include:
- Conflict of interest: We may have a personal or professional relationship with the medical provider, or the provider may be a witness in another client’s case. Professional rules may prevent us from taking the case.
- Filing deadline: The two-year statute of limitations may have expired or be approaching quickly. If there is not enough time to investigate the claim and prepare the necessary filings, we may have to decline it.
- Full caseload: We can handle only so many cases at a time. If our current caseload prevents us from giving your claim the attention it needs, we may refer you to other attorneys who may have more availability.
- Cost: Medical malpractice cases require medical experts, extensive records and substantial discovery. If the likely recovery may not justify the costs and attorney fees, we may decide not to take the case.
- Unproven negligence: A bad outcome does not automatically mean malpractice. We need evidence that the medical care fell below the applicable standard and that the negligence caused serious harm before we can pursue the claim.
Any one of these issues can lead us to decline a claim. Our decision does not necessarily mean your experience was unimportant. It may reflect a conflict, deadline, caseload, litigation costs or concerns about proving negligence and causation.
Why Medical Malpractice Cases Are So Complex
Medical malpractice cases are hard-fought and costly. They require qualified medical reviewers and extensive discovery. Statutes and rules that protect medical providers can make even strong cases harder and more expensive to pursue.
Proof is another challenge. Sometimes care was reasonable and the result was still poor. Sometimes care fell short, but did not cause harm. We need confidence that we can show negligence caused serious harm before we take a case.
Free Medical Malpractice Case Evaluation
Our lawyers welcome the chance to review your medical malpractice situation. Call our Phoenix office at 602-910-6779 or contact us online to schedule a free consultation. You only pay attorney fees if we recover compensation for you.