YES YOU HAVE A CASE – BUT DON’T FILE IT

If you call our office, to inquire as to whether you have a malpractice case, one of 4 things will likely happen:

1. We tell you that you do not have a case.
2. We tell you that you do have a case and we begin an investigation.
3. We tell you that you have a case but shouldn’t pursue it.
4. We give you the name of a lawyer who does handle that kind of case.

YES – sometimes (see number 3) we tell folks “YOU HAVE A MEDICAL MALPRACTICE CASE BUT WE WOULD NOT ENCOURAGE YOU TO FILE IT.”
Basically, we say – Let it go. Move on. We are sorry but don’t waste your time.

Why would we do that when we are in the business of filing these cases?

Because sometimes the costs of litigation (experts, Medicare lien, Medicaid lien, time, etc.) would outweigh any potential recovery.

Yes, I mean it is not worth your time (1-2 years), your money to pay experts ($20,000 – $40,000) and governmental liens – to recover a few bucks.

Example. Case is worth $30,000
Attorneys fees – 40%
Experts – $10,000
Ct. Reporters – $5,000
1-2 years of your life

Is that really worth $3,000 to you? The Ct. Reporters would actually make more on your case than you did.

I didn’t think it is worth it. That is why we often tell folks – “yes, you were likely the victim of malpractice but we would recommend you not pursue it.”

Crazy talk from a plaintiff’s attorney but we have found few clients enjoy spending years in litigation if there is very little recovery at the end.

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.