What does a lawyer have to consider before taking a malpractice case?

There will be two major considerations for the lawyer in his/her decision to take a medical malpractice case. The first is whether the injuries are significant enough to pay off financially so that investigation, expert witness and other costs can be recouped by a settlement or court decision. The second is whether malpractice can be proven.

Money is the primary reason a lawyer will take or not take a medical malpractice case. Nearly all cases will require expert testimony from a qualified physician. The "expert" doctor has to be willing to testify under oath that the physician being sued departed from the prevailing standard of care.

Right along side the financial reasons for accepting or declining a case is the BIG question. Can medical malpractice be proven?

People go to doctors because they have a medical problem and in many cases it is difficult or impossible to prove that the complication or injury was a result of something the doctor did or failed to do and not just the unfortunate result of the original medical problem.

Law firms differ in their criteria for accepting cases and even though one law firm may decline a particular medical malpractice case another lawyer might take it on.