Why Is It So Hard To Sue A Hospital?

Finding an attorney to take on a case against a hospital, doctor, or other healthcare professional can be difficult.  This is because of several factors, three of which are as follows.

1. Complex

Medical malpractice cases usually involve incredibly complex medical information where the attorney must review and analyze voluminous medical records and evidence. These cases also require expert witnesses to opine as to whether a healthcare professional’s mistake caused the injury to the patient.  Moreover, many jurors are reluctant to side with the patient unless it is obvious that the doctor made an obvious mistake. 

2. Expensive

Medical malpractice cases can be very experience to litigate.  These cases are very time-consuming as healthcare providers often put up a good fight.  In addition to litigation costs, expert witness fees alone can be extremely hefty.  As a result, most attorneys quickly reject such cases after weighing such costs. 

3. Limited

The law in California limits the amount recoverable in medical malpractice cases.  Specifically, non-economic damages (e.g., pain and suffering) are limited to $250,000, which is not much when considering the costs of litigation and expert witness fees.  Moreover, attorney’s fees are limited to forty percent of the first $50,000 recovered, thirty-three and one-third percent of the next $50,000, twenty-five percent of the next $500,000, and fifteen percent of any amount over $600,000. 

Consequently, many attorneys quickly reject medical malpractice cases after calculating the risks versus rewards.  However, Kang Law believes that victims of medical malpractice deserve just compensation.  Feel free to give us a call for a free consultation.