A: There can be a number of reasons why an attorney won't take a case, including:
1. There isn't a credible expert to say there has been malpractice or that any malpractice was a cause of the injury or death. Without such expert testimony, cases generally cannot prevail in court.
2. The cost of bringing a case to trial exceeds what the case could reasonably be expected to return. It is generally very expensive to obtain the medical experts necessary to even get the medical malpractice case into a courtroom. And, these days, insurance companies are less likely to settle in this area and more willing to take cases to trial. This drives up the costs of suits for victims. So, many a personal injury lawyer concludes that it's not economically feasible to bring what may be a "good" liability case to court. This is not necessarily because the lawyer is greedy, but because the lawyer does a client a disservice by bringing a claim that he or she knows may leave the client in the financial hole even if they "win" the case.
3. The severity of the injury caused by the malpractice is an important consideration. A truly serious injury with long-term consequences, such as injuries during birth, a heart attack, stroke or permanent disability are more likely to bring a viable lawsuit than a minor, temporary injury.
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