Tennessee Injury Law Center
I believe I have a valid medical malpractice case. A nurse put an IV in wrong, my arm swelled up with fluid, and it really hurt. I’m alright now, but my arm hurt really bad for almost a week. But no lawyer will take my case. What’s going on?
My guess is that no lawyer will take your case because the damages – pain and suffering for about a week – are so small that the cost of bringing the case is too great in relation to its value.
To prove your case, a nurse would have to testify that the nurse who cared for you made a mistake that should have been avoided. Then, a doctor would have to testify that nurse’s error caused you an injury and resultant pain.
The cost of hiring these experts to testify would be several thousand dollars. No reasonable lawyer would bear those expenses given the injury that you suffered for the short period of time you had the problem.
Is this fair? Perhaps not. But my guess is that you are asking a lawyer to accept this case on a contingent fee basis rather than an hourly fee basis. If my guess is correct, remember that a contingent fee lawyer will usually only accept those cases that (a) there is a reasonable likelihood of success and (b) the contingent fee likely to be earned will give the lawyer fair compensation for the time the lawyer invests into the case.