Medical Malpractice Lawyer Philadelphia On When To File Suit

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Medical Malpractice Lawyer Philadelphia On When To File Suit


Most people who suffer injury or damage as a consequence of medical malpractice don’t immediately jump and file a lawsuit with the nearest courthouse.  And that would be the right move, because only a seasoned lawyer will know the difference between a case that has a good chance of winning and one that you should just pass up.  Medical malpractice lawyer Philadelphia carefully studies all cases referred to them and accept only the ones which they think they can win.


There is a very sound logic behind a malpractice attorney’s being picky about the cases he accepts; all of them work only on contingent basis.  The meaning of contingent is easy enough to understand:  they get paid a percentage of any monetary the win through the courts or through out of court settlement – if they lose, then he gets nothing for his troubles.  Still some people who can afford to sometimes pay lawyers hourly rates to file weak cases that they want filed as a matter of principle.  You set an appointment with a good medical malpractice lawyer by visiting


There are just a few main considerations that medical malpractice lawyer Philadelphia uses to determine which cases are worthy of his time and these are:

a)       The extent of the injury or damage suffered by the prospective client:  It is understandable that the extent of the injury or damage suffered as a result of medical malpractice would be a sound gauge of the amount of compensation that may be expected.  Insignificant injuries are generally not work the lawyer’s time and effort, although some medical professionals have occasionally complained that some lawyers succeed in artificially magnifying the extent of their clients’ injury; that however has not been proven.

b)       How much documentation is available to build a case upon:  As in any case submitted before the courts, what matters most is what can be proven.  In the absence of evidence pointing to the guilt of the accused, the presumption of innocence prevails.  Remember that it must be proven that the prospective client suffered damage or injury as a direct consequence of negligence committed by a medical professional while such medical professional was in a doctor to patient relationship with the prospective client.

c)       How solid is the evidence at hand:  Medical malpractice attorneys expect the counsel for the defense to try to discredit his client and any testimony or piece of evidence they may have.  Accordingly, he would thoroughly examine them and determine whether they would stand firm against the defense attorney’s scrutiny.


Once a lawyer determines that your case has a winning chance, you need to work out a sharing agreement with him.  Then you can file a lawsuit for medical malpractice.  But if you get a rejection, you can try getting a second and maybe even a third opinion from other lawyers.  There are many members or reputable organizations such as the American Board of Professional Liability Attorneysyou can choose from.  If they also reject your case, it may be time to move on.  It would just be a waste of time and resources to proceed any further.