Without knowing the specific circumstances of a particular situation related to possible medical malpractice, it is nearly impossible to simply provide a listing of types cases that are viable vs. nonviable. Each malpractice legal matter is entirely unique. On the other hand, there are certain legal issues that should be considered by an experienced lawyer that will help provide you insight as to whether your medical malpractice case has a chance of being successful.
Malpractice cases typically give rise to a variety of costs in investigating and pursuing the matter, making them expensive and requiring a lot of the lawyer’s time. One question that your malpractice lawyer ought to discuss with you at the outset is whether your case has economically viability. Very generally speaking, sometimes a malpractice lawyer will out lay over $100,000 in out-of-pocket expenses. Further, many malpractice cases can take years before coming to a conclusion. This means that an attorney may invest years of work on just one malpractice claim.
When a possible malpractice legal matter arises from something like a temporary misdiagnosis, and the medical professional eventually makes the right diagnosis without any resulting significant injuries to the patient, usually such a case will be deemed economically not viable.
Most medical malpractice attorneys are not willing to invest years of professional work-time and tens-of-thousands of dollars on the chance of gaining a recovery of much less than the investment.
More importantly, most clients should be advised against pursuing specious or frivolous claims that are unlikely to lead to a successful outcome. As previously stated, malpractice lawsuits can require significant time and emotional investments, even for the client. Getting a client’s hopes of obtaining a large award are not in the client’s best interest.
Under Florida law, attorneys must provide written certification when they file a malpractice lawsuit that they have made a reasonable investigation of the case and have come to a good faith belief that there is a reasonable basis to file a claim for damages. In the event that there is a determination that this requirement was not met, the court may enter sanctions against the lawyer, including requiring personal payment of the defendant’s attorney’s fees.
To find out whether or not you may have a malpractice case in Florida, contact attorney Ted Babbitt for a free malpractice evaluation. Call 1-877-751-8087 or fill out our online form and Mr. Babbitt will contact you promptly to discuss your case.
