One of the challenges with medical malpractice litigation is that it is not always easy for those who are harmed by a health care provider to successfully pursue a case for medical malpractice, even when the merits of their case are strong. Part of the reason for this is that health care providers usually have greater resources at their disposal with which to pursue litigation, whereas patients very often don’t have much in terms of financial resources. Medical malpractice litigation can be expensive, particularly if the provider is not open to settlement and is bent on defending his or her case at all costs.
Another challenge with medical malpractice litigation is the amount of time it takes to see a case through. Cases can take months or years, all the while building up the expenses involved. With the potential cost and time investment of medical malpractice litigation being so high, it doesn’t always pay off in the end to pursue such litigation. Depending on the potential payout in a case, it may be better for an injured patient to forego litigation, or at least push for settlement.
Nobody understands these factors better than medical malpractice attorneys, who have to take these and other factors into consideration when determining whether pursuing a claim is the right thing to do. Unfortunately, in some cases where the merits are strong it just isn’t practical to pursue a medical malpractice claim. A responsible attorney will work through this with a patient and ensure he or she understands the factors involved and that he or she is able to take advantage of other opportunities for seeking justice when pursuing medical malpractice isn’t a possibility.
All that having been said, it is important that those who are injured by a health care provider understand their right to pursue a malpractice claim if they wish to do so. The key is finding an attorney who is willing to take your case and advocate your cause.
Source: Bangor Daily News, “Maine medical malpractice insurer records big drop in claims, but attorney says system is stacked against patients,” August 8, 2014.