The Indiana medical malpractice attorneys at Wagner Reese are committed to providing the highest level of service to everyone who contacts our firm. In many situations, the best way we can help is by agreeing to represent a client and pursuing compensation on their behalf. However, there are also times when the most honest and responsible advice we can give is that we are unable to take the case.

We understand that hearing this can be frustrating or disappointing. Many people contact several attorneys before finding someone willing to pursue a medical malpractice claim. Our goal is always to provide a clear and timely answer after carefully reviewing the information available about your potential case.

Medical malpractice claims are among the most complex types of cases in the legal system, especially in the state of Indiana that is governed by the Indiana Medical Malpractice Act. After evaluating a potential claim, our review may reveal one or more reasons why we are unable to move forward.

Sometimes a case may not be the right fit for our firm. In other situations, our experience may lead us to believe the claim would be extremely difficult to prove under Indiana law. Medical malpractice litigation also requires a significant investment of time, expert review, and financial resources.

Because our firm works on a contingency fee basis—meaning we only recover attorney fees and case expenses if there is a successful recovery—we must be selective about the cases we pursue.

Below are some of the most common reasons why a medical malpractice attorney may decline a case.

Why Won’t Lawyers Take Some Medical Malpractice Cases?

Many people ask this question after speaking with a law firm: “Why won’t lawyers take my medical malpractice case?”

The answer usually involves the legal requirements, costs, and risks associated with malpractice litigation. These cases require extensive medical evidence, costly expert testimony, and often years of litigation before they are resolved.

For this reason, attorneys must carefully evaluate every potential claim before agreeing to represent a client.

1. The Statute of Limitations May Have Expired

Indiana law generally requires medical malpractice claims to be filed within two years of the first alleged malpractice. This deadline is known as the statute of limitations.

If a claim is filed after the statute of limitations expires, a court will typically dismiss the case regardless of its merits.

In some situations, people may not realize they were injured by malpractice until much later. In other cases, a person may contact an attorney shortly before the deadline expires, leaving insufficient time for the investigation required to responsibly file a claim.

Because of these strict deadlines, it is important to speak with an attorney as soon as possible if you believe medical negligence may have occurred.

2. The Evidence May Not Support a Medical Malpractice Claim

Medical malpractice has a specific legal meaning. To successfully pursue a malpractice claim, it generally must be proven that:

  • A healthcare provider failed to meet the accepted standard of medical care, and
  • That failure caused injury or damages.

Not every medical error, complication, or poor outcome qualifies as malpractice. Medicine is complex, and even appropriate medical care can sometimes lead to negative results.

Indiana law also requires most malpractice claims to go through the Medical Review Panel process, where a panel of physicians or healthcare providers reviews the evidence and provides an opinion about whether malpractice likely occurred before the case can proceed in court.

Because of these requirements, attorneys must carefully evaluate whether the available evidence is strong enough to support a claim.

3. The Potential Damages May Be Too Limited

The purpose of a medical malpractice claim is to recover financial compensation for injuries caused by negligent medical care.

However, malpractice cases are very expensive to pursue. They often require multiple medical experts, extensive medical record review, depositions, and years of litigation.

If the damages involved are relatively limited or you have made a decent recovery from your injuries, the cost of pursuing the case may outweigh the potential recovery. In those situations, a law firm may decline the case even if a medical error occurred.

4. Other Reasons a Case May Be Declined

There are also practical reasons why an attorney may not be able to accept a case, including:

  • A conflict of interest
  • Medical records that do not support the claim
  • The case involves issues outside the scope of the firm’s primary practice areas
  • Another attorney previously investigated the matter and withdrew
  • The firm currently has limited capacity for additional high-risk litigation

Every potential claim is unique, and there may be other factors that affect whether a case can move forward.

Another Attorney May Reach a Different Conclusion

If Wagner Reese decides not to pursue your potential case, that decision is not intended to minimize what you have experienced. Our decision is based only on our professional judgment and the information available to us at the time of our review.

It is important to understand that attorneys may differ in their evaluation of potential claims. For that reason, you are encouraged to immediately seek a second opinion from another qualified Indiana medical malpractice attorney.

Speak With an Indiana Medical Malpractice Lawyer

If you believe you or a loved one were harmed by medical negligence in Indiana, it may still be worthwhile to discuss your situation with an experienced attorney. Because strict deadlines apply to Indiana medical malpractice claims, it is important to seek legal advice as soon as possible.