Prosecuting a medical malpractice case is expensive. Very expensive. In order to bring a case to trial, tens of thousands of dollars will be spent on medical records, advanced medical research, medical record review, expert witnesses, depositions, trial exhibits and a hundred other things.
A typical “simple” medical malpractice case is more expensive and more complex than almost any other type of personal injury claim. A “simple” medical malpractice case can cost $40,000, $50,000 or more to bring to trial. And that isn’t including attorney’s fees for the patient.
In order to bring a case, it must be economically viable. That means, the ultimate value of the case, when weighed against the cost to bring the case, and the hundreds, and sometimes thousands, of hours spent by the attorney in prosecuting the case, must weigh in favor of pursuing the case.
In order to justify the substantial expense, and risk, associated with bringing a malpractice case, an attorney must weigh the strength of the case, meaning how clear the malpractice is, against the cost to pursue the case and the ultimate potential recovery. It makes no sense to bring a case where the attorney’s contingent fee and expense refund take up all or most of the potential recovery.
The bottom line must be whether or not the client is going to recover enough money to justify the time, expense and emotional cost associated with prosecuting a medical malpractice claim. That calculus will vary from attorney to attorney based on many factors, but it will be a consideration in deciding whether to pursue a claim or not.
The bottom line is, there really is no such thing as a “simple” medical malpractice claim. That is why your choice of attorney is so important. If you believe you have a medical malpractice claim, please contact us at Hendrickson Law.