I receive call after call from people who want to sue their doctors for medical malpractice. Often these individuals seek legal redress for a bad medical result for which there is no legal blame. Probably four out of every five calls I receive involve a claim in which actual medical malpractice cannot be proven or where it makes no economic sense to even try.

   Often the calls I receive are spurred by nothing more than hurt feelings. Perhaps the patient simply felt that the doctor treated him with disrespect and he wishes to get back at the doctor by filing suit. The law does not provide a remedy for hurt feelings and, practically speaking, it makes no economic sense to pursue a medical malpractice case unless the damages are severe and the liability fairly clear. This is because:

1. A large percentage of malpractice cases must actually be tried before a jury before compensation can be obtained;
2. Malpractice cases are extremely expensive to pursue;
3. Malpractice cases are very time consuming;
4. Malpractice cases are stressful for everyone involved; and
5. Malpractice cases are very difficult to win.

   Far more medical malpractice lawsuits actually go to court than do other types of injury cases. Doctors, quite naturally, are often extremely offended when they are contacted by medical malpractice attorneys concerning a possible claim. These claims cannot be settled without the doctor's consent. If the case is settled, it shows up like a black mark on the physician's record. Even where the doctor clearly has committed malpractice, that doctor may be unwilling to admit this to the other side or even to himself. In sum, doctors tend to be extremely reluctant to settle these kinds of cases without a bitter battle.

   Medical malpractice cases are extremely expensive to pursue. Obtaining medical records, having the records reviewed by an expert, getting the expert witness to write a report and then to testify are all very necessary and very costly elements of a malpractice case. The costs can easily run into the tens of thousands of dollars. If the case is particularly difficult, the attorney may ask the client to put up at least some of the costs of the suit. If the case is quite strong, the attorney may be willing to front the costs himself.

   A large number of malpractice cases end in verdicts for the doctor. Jurors tend to sympathize with doctors who get sued. They tend to respect the wisdom and judgment of doctors. The law also makes it very difficult for you to win this kind of injury case. The law applicable to medical malpractice cases does not require doctors to be perfect or to practice with mathematical precision. The law of Pennsylvania simply requires that physicians employ such reasonable skill and diligence as is ordinarily exercised in that physician's profession. Your state law is probably similar. It has often been said that, "medicine is an art, not a science." As long as that art is practiced in a "reasonable" manner, the doctor is verdict-proof even if the medical outcome was poor.

   Although lawyers may turn away approximately four out of every five medical malpractice calls, most will meet with anyone who sounds as if they have a legitimate claim. If they feel the case has merit, they will obtain the medical records and have them reviewed by an expert. This expert will then make a preliminary determination concerning the allegation of medical malpractice.

   If it turns out that there was no malpractice, at least the client comes to feel that his concerns have been taken seriously and that there simply is no feasible legal claim. This is a far more satisfactory situation for clients than where they are simply left to wonder if they or a family member have been wronged by a member of the medical community. Often having his concerns taken seriously is all the client really needs in the first place. Perhaps the doctor just didn't take the time to make the patient feel like a human being. Once the client feels that their concerns have been respected, they are usually ready to move on with their lives free of the legal system.

   Attorneys who file medical malpractice lawsuits without thoroughly investigating them first do everyone a disservice. A medical malpractice lawsuit should only be filed after the records are obtained and reviewed by an expert. Some attorneys hope to harass the doctor into a settlement simply by filing the suit. This is called going for "nuisance value." While this might work sometimes with ordinary injury lawsuits, in medical malpractice cases it usually leads to a huge, lengthy, and bitter legal battle with the doctor, her insurance company, and her lawyer. This lawyer may end up scrambling at the last minute to find a doctor who will support his case. The lawyer or client will spend a great deal of time, money, and emotional energy trying to prove a case that possibly should not have been filed in the first place. The client loses, the lawyer loses, the doctor loses, the doctor's insurance company loses, and society loses.

   Because malpractice suits are so expensive, time consuming, and bitterly contested, many attorneys do not file suit in a case of this nature unless they feel that the jury will return an award in excess of $75,000. It is simply not worth pursuing smaller claims even if ultimately a jury might find that the doctor committed malpractice.

   If you feel you have a medical malpractice claim and have talked to some attorneys and none of them wish to handle your case, it may be because they feel the case cannot be won or because the case is too small. If they all feel your case cannot be won, accept this and get on with your life. Keep in mind that things happen in life that aren't fair and be glad that things are not worse.