When you approach a Medical Malpractice lawyer with your case it’s because you are overwhelmed dealing with an injury or illness caused by a medical expert negligence and you are struggling financially to take care of your situation. A lawyer’s job is to help you navigate the complex legal system and should be with you every step of the way.

Massachusetts strict medical malpractice laws obligate lawyers to carefully evaluate your case and determine whether it’s worth pursuing it. They should be straightforward with you and if they cannot take on your case they should let you pursue other options. Below are some of the reasons why a Fall River medical malpractice lawyer might reject your case.

Why did a Fall River Medical Malpractice Lawyer reject your case?

It’s not possible to prove there was malpractice

When you decide to file a medical malpractice case, the burden of proof is on you to show that the medical expert caused your injuries due to their negligence. For this to happen, you have to prove for things

• You had a  doctor-patient relationship with the healthcare provider 
• They breached the expected standard of care
• You suffered injuries
• They caused your injuries as a result of their negligent actions or inactions

If you cannot prove any of the above your claim will be rejected. keep in mind that simply because you were not happy with the outcome of your treatment or that your condition worsened doesn’t mean that there was medical malpractice.

You also have to consider that your situation might not be medical malpractice if other doctors in the same situation with the same qualifications would have made the same decision.

• What Is Negligence In A Personal Injury Case?

You cannot establish causation

The law in Massachusetts requires that you prove your injuries were directly caused by your health provider’s negligence. For example, your medical malpractice lawyer in Fall River must show that’s the doctor directly caused your injuries and that it wasn’t due to the condition for which you initially sought treatment. Establishing a causal link sometimes may be impossible if not difficult and your case might not be winnable.

If your lawyer doesn’t have sufficient evidence to link your doctor’s lack of care to your current situation they will not pursue your medical malpractice lawsuit.

The cost of pursuing your case exceeds damages

Fall River medical malpractice lawyers work on a contingency fee basis. This means that they will not charge you for their services until they win your case. In other words, they will not get paid unless they recover compensation for you.

Filing a medical malpractice lawsuit is expensive. It involves making several upfront payments such as paying medical experts who will give witness testimony to support your claim. If your damages are minor and the cost of litigation exceeds them, it would not make financial sense for a lawyer to pursue your case.

No one is eligible to receive compensation

In the event that your loved one dies as a result of medical malpractice, Massachusetts law determines who can recover on their behalf. If no one is qualified to recover damages, your lawyer may not pursue the case.

The statute of limitations expired

The statute of limitations for medical malpractice cases in Massachusetts is 3 years from the time you learn about your injury. A medical malpractice lawyer in Fall River may not pursue your case if the deadline expired unless your case has some exceptions.

• When Should You Hire a Medical Malpractice Lawyer

You should also consider that your lawyer needs sufficient time to review your case and if the deadline is just around the corner, they might reject your case. 

The damages are speculative

You can only pursue a medical malpractice claim if the damages actually occurred. Your lawyer might not pursue your case based on damages that might have occurred. If for example your doctor failed to show you how to clean your wound after surgery but you were proactive and took precautions to prevent infection, you may not be able to pursue a medical malpractice lawsuit.

• How to Find a Good Malpractice Lawyer in Fall River, MA

Contact a Fall River medical malpractice lawyer today

If you or a loved one has been injured as a result of medical malpractice we are happy to review your case. Our team of medical malpractice lawyers is available 24/7 and they can help you get the compensation that you deserve. contact us today at 508-676-0001 to schedule your free initial consultation.