Vacaville, CA asked in Arbitration / Mediation Law and Medical Malpractice for California

Q: Why do lawyers not take medical arbitration, unless there is complete paralysis or loss of limb.

Is there a amount that is minimum for lawyers to break even on a case.

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Arbitration & Mediation Lawyer
  • Mill Valley, CA
  • Licensed in California

A: The short answer is that the medical industry convinced the Legislature to pass laws stacking the deck in the industry's favor and against patients and their attorneys. Even without special laws, these types of cases require a great deal of time and financial investment. Virtually 100% require the retention of at least one medical expert regarding the standard of care, often more than one. There is no set amount to "break even", as each case must be evaluated on it's own merits. Unlike drivers in car accident cases, doctors can veto settlements proposed by their insurance companies, and force clear cut cases to go to trial, causing unnecessary expense and delay for victims. These are just some of the roadblocks facing injured patients. That said, keep contacting attorneys, as some are able and willing to take some on as a public service.

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