Is the case valid? Attorneys often look for significant physical harm or a diminished capacity to earn before considering a case. They assess whether the patient has fully recovered and whether potential awards from the case justify taking it on. Fault is not always a decisive factor; investigations into malpractice claims reveal that compensation can still be awarded in situations where care was not demonstrably negligent, such as congenital disabilities leading to substantial settlements out of jury sympathy.
The decision to take on a medical malpractice claim by a law firm hinges on their confidence in winning and the anticipated financial gain. This determination is made by a dedicated team within the firm.
Factors considered by the lawyer or law firm include:
- The client's demeanor: their likability, trustworthiness, and capacity to elicit sympathy.
- The reputation and aggressiveness of the plaintiff's attorney, which can influence the case's outcome.
- Expert witnesses' credibility, including their presentation skills, appearance, and likability.
- The evolving standards of care, influenced by experts' qualifications and geographical variances in medical practices.
- The legal venue, such as the predisposition of judges in certain jurisdictions.
- The potential financial exposure of the case.
- The willingness to engage in settlement discussions.
The law firm may estimate a 20% chance of winning if the case goes to trial, with a high likelihood (over 82%) of securing a significant award if it wins. The strategy might involve exploring settlement possibilities to avoid a trial.
On average, claims related to death take about three years to settle, but can extend up to seven years. The opposing side may prolong the process, hoping for a settlement to avoid revisiting painful events, leading families to accept lower compensation out of exhaustion and a desire for closure.
| Factor | What is weighed |
|---|---|
| Extent of injury | Significant physical harm or diminished capacity to earn, and whether the patient has fully recovered |
| Role of fault | Not always decisive — compensation has been awarded where care was not demonstrably negligent |
| The client | Likability, trustworthiness, and capacity to elicit sympathy |
| Plaintiff's attorney | Reputation and aggressiveness |
| Expert witnesses | Credibility, presentation skills, appearance, and likability |
| Standard of care | Evolving, and influenced by experts' qualifications and geographic variation in practice |
| Venue | The predisposition of judges in certain jurisdictions |
| Money and settlement | Potential financial exposure and willingness to engage in settlement discussions |
| Odds and duration | A firm may estimate roughly a 20% chance of winning at trial, with a high likelihood (over 82%) of a significant award if it does; death claims average about three years and can run to seven |
