Q: I need someone to represent me for medical malpractice in ohio
I have called several lawyers about my medical issue. All of them but one have told me that it is too hard to take a malpractice case because it's not worth it. I understand that maybe my issue was not that important to them but it is to myself and family. Everybody is willing to represent me for workers comp, but I am illiterate in that area. I don't understand the process. I would like any advice or recommendations.
A:
If "everyone/attorney" is willing to handle your case under worker's comp -- if your case occurred because you were injured while you were in the scope of your employment, then you need to ask more questions. employee compensation for injuries is covered by law that is different than medical malpractice law, and worker's comp law applies when injuries are within the scope of your employment - not medical malpractice law. Further, based on your question -- if you were injured outside the scope of your employment - and the answers related to the attorneys' cost for underwriting a medical malpractice case - there are valid reasons for not taking a claim which include:
1. the facts involved in the injury you claim may not meet the legal elements which must be proved.
2. medical malpractice cases are usually contingency cases -- means you are asking an attorney to pay for your lawsuit up front so that he is not paid for expenses and his fees unless he can secure enough money to do so - i.e. your case may cost more to bring than he will be able to collect -- Which today, is very common. (e.g. the law may limit the amount of money he can find and collect; the defendants' insurance, local judiciary, and potential jury pool -- may limit his ability to discover/collect or secure a sufficient amount of money;
3. Expert witnesses must prove liability, and expenses, and may not support a claim for you
4. The expenses of expert witnesses, investigation/discovery (pretrial), trial preparation are huge in these cases
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