You have been injured by a medical professional. You believe your case to be airtight. You consult with an attorney only to find out they won’t take your case. Wait a minute. An attorney has to take your case, don’t they? The short answer to that question is, “no.” An attorney doesn’t have to take your case any more than you have to hire an attorney. There are several reasons why an attorney may choose to not represent you.
1. Failure to Prove an Element
For a successful medical malpractice claim, there are four elements that must be proven. One is that there was a doctor-patient relationship. The others are that there must have been a failure to perform according to the accepted standard of care, an injury must have occurred, and the injury must have been a direct result of negligence or error on the part of a medical professional. If even one of these elements cannot be proven, an attorney may decline to take your case.
2. Compensation
Many times, an insurance policy will kick in to cover your injuries. In some instances, this payout will be enough to cover your expenses. Because lawyers in these types of cases work on a contingency basis, it may not make financial sense for an attorney to take your case. If an attorney believes that you will not be compensated beyond the insurance settlement, that means you won’t receive enough money to pay for their time and effort.
3. The Client
In order to have a successful relationship, an attorney and client must respect and be honest with one another. If an attorney feels as though you are not offering full disclosure or that you will be extremely difficult to work with, they may choose to not represent you.
At the end of the day, an attorney is not required to represent any person who wishes to file a lawsuit. An attorney may choose who they want to represent in court. If an attorney advises you that they do not believe you have a case, you always have the option of consulting with another legal professional.
If you believe that you have been harmed by a medical professional in Charleston, you have rights. Call our office today for more information about seeking compensation. We will review the details of your case at no cost to you and advise you of your options. Call today or browse our website for more information about our firm and the types of cases we handle.
