You have suffered injuries because of the carelessness or negligence of a doctor or the hospital staff in New York and you want to file a medical malpractice lawsuit to claim compensation for the losses and harm you have suffered. However, an attorney might not want to accept your case and attempt to carry it into the end zone. There can be several reasons for this.
The Lawyer cannot Prove Liability
One of the reasons, a medical malpractice attorney might not leap at the opportunity your case offerss is that he cannot prove that the doctor has done something wrong. At trial, you have to show to the jury that there was wrongdoing by the doctor. This is done by bringing in expert witness, who will confirm that there was wrongdoing or violations of basic standards of medical care.
If your lawyer feels that there is no way of proving wrongdoing, in spite of the grievous injuries you have suffered then it would be pointless taking up such a case. The doctor may not have done anything wrong, and you could have suffered injuries due to known complications and risks of the procedure.
Your lawyer will charging you on contingency basis, which means he will be receiving a percentage of the compensation or settlement that you are awarded. Hence, if he sees that there is no chance of proving liability and winning the case, he will not be inclined to take your case.
The Lawyer cannot Prove Wrongdoing Caused the Injuries or the Injuries are Significant
Many times the lawyer might be able to show wrongdoing, but the wrongdoing may not have caused your injuries. Unless the lawyer is able to establish a causal link between the wrongdoing and your injuries, your case will not stand up in court. Another possibility is that your injuries may not be significant. For instance, you trip and fall on the sidewalk, which was defective.
Here there is clearly a wrongdoing, but you have suffered only some bruising, which is going to be gone in a few days. The same thing usually happens in medical malpractice case, where there is wrongdoing on the part of the doctor, but the suffered by the patient are not significant or permanent to merit a case.
The Client Insists on Running the Show
A New York medical malpractice attorney can slam the door, politely, when offered to try your case, if he feels that you are going to tell him what to do. There are clients who tell their lawyers that they cannot question certain witnesses, cannot check their backgrounds, cannot obtain certain records, and cannot cross certain boundaries.
If you tie the hands of your attorney in any way, then it will be virtually impossible for your lawyer to adequately represent you, and have a chance at winning the case. If you do not reveal all the details, or stop the lawyer from investigating or cross-examining a witness, he will be missing critical information that he needs to know to win the case. When there are less chances of winning the case, the attorney will not want to invest his money, time, and effort in representing you.