As I write this today, on a Friday, I am reflecting on the week’s accomplishments and challenges. What stands out to me today are not the cases I have moved forward this week, but the ones I have turned down. For most of the last decade, I have spent at least some part of every week (often every day) on the phone with strangers who share their personal healthcare failure stories with me. Each person hopes that I can help them find justice by filing a medical malpractice lawsuit on their behalf. Often, the care they have received is incredibly negligent—medication errors, botched surgeries, communication breakdowns—and yet I turn down more cases that I accept.
It isn’t just me. According to a [2014 Propublica report](https://www.propublica.org/article/patient-harm-when-an-attorney-wont-take-your-case), 95% of patients seeking a malpractice attorney will be turned down (citing a 2013 Emory University School of Law study). When I turn down a case, callers are often surprised, telling me that others—neighbors, friends, sometimes even their own doctors—have told them they have a “great case.” Nonetheless, as Stephen Daniels of the American Bar Foundation puts it, “the juice isn’t worth the squeeze” for a majority of the cases I review.
When I talk to a potential client, I do my very best to sort out the best and the worst aspects of the case, so that I can tell them if the case is one I am willing to investigate (and if not, why). Because the stories surrounding medical injuries are often very fresh and emotional, it can be hard to sort through the issues while also being supportive. I keep in mind that what each caller really wants is to know: Do I have a case? And I also keep in mind that my livelihood depends on making the right decision about cases, even though I wish I could help every caller.
If you or someone you know is considering calling a medical malpractice lawyer, I want to provide some tips that might help you present your case in a way that helps the attorney determine whether you have a good case. Of course I encourage you to call me or any of the attorneys at Chemnick Moen Greenstreet if your case concerns care in Washington, but this advice should help no matter who you call or where you live.
1. **Prepare a summary of your case.** Take the time to jot out a basic description of what happened, when, and where. Whether you submit your [summary online](https://cmglaw.com/Contact) or just have it ready to refer to when you [call](https://cmglaw.com/Contact), this will make the process of evaluating your case much simpler. Attorneys are listening for key information that will help them categorize the type of case, assess possible time limits, and rule out conflicts of interest. If you can give them a summary, they will be in a much better position to ask the right follow-up questions.
2. **We cannot win a case based on how upset the error has made the plaintiff.** You are probably very upset about what happened. You may think the healthcare provider is a liar, a jerk, or worse. However, keep in mind that your feelings, even though they are completely valid, will not determine whether or not the attorney takes the case. The decision will be based on whether the care provided was likely below the standard of care, the extent of the injury, and the likelihood of proving that the bad care caused the injury. It can be very hard to describe what happened when you are still very affected by it, so I’ll repeat my advice that you write out a summary and either [submit it by email](https://cmglaw.com/Contact) or have it nearby when you call. Even if you think you can talk about the case without getting upset, don’t be surprised if talking about brings up bad memories and feelings. After hearing many of these stories, I assure you that it is very common and understandable.
3. **Damages must be long-term for a case to be worth pursuing.** This is why a good attorney will ask you to describe what problems you are having now as a result of the error, and what your doctors have told you about the prognosis. Even if you have been through hell (which I know many people have experienced in the wake of an error), my job is to determine what we would tell a potential jury in a year or more about your ongoing injuries. Jurors are not likely to award significant damages to a plaintiff who has fully recovered, and a past medical injury that has now resolved is seldom enough to form the basis of a successful case. So, be ready to describe the long-term health effects. Of course, there are exceptions to every rule (e.g., wrongful death, loss of a fetus), but in all cases be ready to talk about the lasting effects.
4. **Do you have the records?** If you do, tell the attorney early on in the call. I usually suggest asking the attorney before ordering your records, but if you already have them (including those you may be able to access through online patient portals), let the attorney know.
Hopefully, these four tips will make the process of contacting an attorney smoother for you. Remember that it is a two-way street; the attorney is asking you questions to determine if your case is one they want to take on, but as the potential client you are deciding if the attorney is a good fit for you. Be sure to research the attorney online; most will have a detailed biography online, and the [WSBA Lawyer Directory](https://www.mywsba.org/lawyerdirectory.aspx) will tell you if a Washington attorney has prior discipline by the bar. Never feel pressured to sign forms or agreements with the attorney until you understand what the attorney will be able to provide, and you feel comfortable with her or him.
One last thing: Even if the first attorney declines the case, remember that different lawyers see these cases differently, and you should feel free to call another attorney for a second opinion.
