Yesterday I think I wrote at least three letters to Virginia families that stated the following:

I am so very sorry for your pain.

However, I cannot recommend you file suit because while the physician / hospital / nursing home may have been negligent in their care, the costs of litigation will likely exceed your potential recovery.

Well what does that mean people may wonder?

It means, Med Mal cases are expensive and sometimes you have to make the reasonable business decision, not to spend more money then you can make.


Medication error – damages last 1 month and out of work for 3 weeks. Total blackboard damages are $6,000.

  • Hire experts at first – $5000
  • Filing / serving Lawsuit – $400
  • Ct. reporters / copy costs / depositions / travel – $5000
  • Experts to Court – $10,000
  • Exhibits for trial – $3,000

TOTAL COSTS (and note you haven’t paid attorneys fees) are over $23,000

Then, lets say the jury gives you $20,000 for your month of pain and suffering / work, etc.
You owe 40% in attorneys fees
and you will only recover 60% or $12,000 after you pay attorney’s fees.

But you have already spent $23,000 to get to Court – so $12,000 isn’t so great afterall.

This is one of those cases where the costs of litigation are greater then the potential recovery.

Do you want to spend $23,000 to get $12,000?

I didn’t think so.
That is why we often advise against filing suit in cases we believe are valid cases.

If you want to discuss in more detail – give us a call. If you would like us to evaluate your case, call 1-866-985-0098 today.

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