March 11, 2019

Question

Do attorney's shy away from a malpractice case if there are multiple defendant physicians in a case !

Here's the scenario: I spoke with the expert who reviewed the records, he was able to establish causation. However the attorney now says that he can't take the case as there are multiple defendants ! But he knew all along that multiple doctors were involved. Why shy away after making me wait for 2 months for records review !. I guess its better than dropping the ball after he agrees to file the case on my behalf ! No wonder some potential plaintiffs solicit multiple attorneys at the same time !

Answer

You have already passed an important threshold if you've had a medical expert review the records and tell you it's a malpractice case. I wouldn't speculate as to why the attorney you had didn't want the case, but it's not unusual to have multiple defendants in a medical malpractice case. Taking a medical malpractice case is a serious, long-term commitment for any attorney. There are many factors to consider, including the complexity of the medical issues, the degree of fault, patient non-compliance, potential defenses to the action, and the extent of damages involved. There may be another med mal attorney out there willing to take a look.


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