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CalAttorney2, Attorney
Category: Personal Injury Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney with experience representing plaintiffs in personal injury matters.
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Unable to find - retain an attorney medical negligence/malpract

Customer Question

Unable to find - retain an attorney for a medical negligence/malpractice and nearing the statute? It seems every attorney we have reached out to declines yet tells us to continue seeking one. Today's email - "The statute of limitations starts when facts are presented to a patient causing him to look into the matter further.
I suggest you contact alternative counsel immediately to review your medical malpractice claim and the statute of limitations that applies to it. To best protect your interests on this claim, we advise that you should follow up on your medical malpractice claim immediately." Why is retaining a lawyer so complicated?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, there are a lot of issues that go into an attorney determining whether or not to accept a case. Most plaintiffs in medical malpractice suits are looking to have the law firm take the case on a "contingency basis" (meaning they expect the law firm to advance the costs of litigation and their legal services in exchange for a portion of the recovery). Litigation is very expensive and a law firm is not going to be willing to take on a case where they will spend a lot of their time and resources pursuing a claim when the chances of recovery are small (remember, even if there is an incident of misconduct, if the damages are very small, the recovery is not going to be sufficient to warrant pursuing the case to judgment).The law firm also has to make sure that the case fits into its portfolio - so if you are planning on suing a cardiologist for example, and you are hiring a law firm that specializes in auto accidents, they may not take the case as this is outside of the area of law they specialize in, and they may not feel comfortable devoting the additional time and effort that it takes to expand into this field, or they may not feel that they are the proper firm to do this for you.If you want to explore options with firms, you can see if they are willing to represent you on an "hourly basis" (where you actually pay the law firm for their work upfront (the downside is you have to come up with money out of pocket, the upside is that everything you recover in a settlement or judgment, you get to keep).