​​As a plaintiff’s medical malpractice lawyer, one of the most difficult conversations we have is explaining to injured patients and their families why we cannot take their case. Medical malpractice claims are uniquely complex and challenging, requiring significant evidence and resources to pursue successfully.

 

While some attorneys simply say, “We have a conflict,” we believe in providing a more thorough explanation. The reality is, that not every bad medical outcome results from malpractice under the law, and even strong cases face an uphill battle.

 

Rest assured, we take on strong cases even when the road is hard. Our mission is to contend for a standard of care that protects patient safety and secures justice for deserving patients.

 

1. Not Every Bad Medical Outcome is Medical Malpractice

 

To prove medical malpractice in Virginia, a plaintiff must establish specific elements:

• A breach of the standard of care, defined as what a “reasonable and prudent (careful) doctor” should do in similar circumstances.

• Causation, meaning the breach was a proximate cause of the injury.

• Damages, such as medical costs, lost wages, or pain and suffering.

 

The standard of care sounds straightforward but is often contentious. Defense experts frequently argue that a doctor’s conduct was “reasonable,” even if it wasn’t ideal or prudent. This allows them to defend all manner of questionable practices as acceptable—even if they don’t meet the standard patients deserve.

 

2. Causation is Particularly Complex

 

One of the most difficult elements of medical malpractice cases is proving causation. Even if a doctor clearly breached the standard of care, the patient must demonstrate that this breach directly caused their injury.

 

Defense teams often rely on sophisticated experts who weave alternative explanations to undermine causation. They may argue that:

• An underlying condition caused the harm, not the alleged negligence.

• The injury was an unavoidable complication of treatment, even with proper care.

• Another medical provider, patient behavior, or other external factor contributed to the outcome.

 

These arguments, often couched in scientific language, can confuse jurors and shift attention away from the negligence at issue. Overcoming these defenses requires careful preparation, highly credible experts, and compelling evidence—all of which make malpractice cases particularly difficult.

 

3. Medical Malpractice Cases Are Expensive and Difficult

 

Pursuing a medical malpractice claim requires extensive resources, including:

• Expert Witnesses: Doctors from related fields must testify that the defendant breached the standard of care and that the breach caused the injury. Finding qualified, willing experts is challenging, and their fees can easily reach tens of thousands of dollars.

• Investigation and Discovery: Cases often involve complex medical records, depositions, and expert reports that require significant time and expense to review.

 

Given the high cost of litigation, cases with relatively small damages may not be economically feasible to pursue. For example, if the cost of experts and trial preparation exceeds the potential recovery, we may not be able to take the case.

 

4. Virginia-Specific Challenges

 

Virginia law creates additional hurdles for plaintiffs:

• Unanimous Jury Verdicts: Unlike many states, Virginia requires unanimous jury verdicts in civil cases, meaning a single dissenting juror can block recovery.

• Hard Damages Cap: Virginia imposes a strict cap on medical malpractice damages, regardless of the actual harm. Currently set at $2.65 million, this cap limits recovery even in cases of catastrophic injury or loss, making the state especially friendly to insurers.

• Certification Requirement: Before filing a lawsuit, Virginia requires plaintiffs to obtain certification from a physician in a related field, affirming that the standard of care was breached.

 

5. Doctors Often Resist Settling

 

Even when liability is clear, many doctors and their insurers resist settlement. Doctors fear being reported to the National Practitioner Data Bank, which could affect their professional reputation. As a result, insurers are often willing to gamble on a trial rather than settle, knowing that Virginia’s laws favor defendants.

 

6. Ethical and Practical Conflicts

 

When attorneys say they have a “conflict,” it may reflect:

• Legal Conflicts: The attorney may have represented a potential defendant or insurer in the past.

• Informal Conflicts: The attorney may know the doctor or hospital personally, or someone close to them may be treating with the potential defendant, creating concerns about impartiality.

 

A Commitment to Justice

 

We understand how frustrating it can be to hear that your case cannot proceed, especially when you’ve suffered deeply. Our decision to decline a case is never a reflection of the significance of your injury or its impact on your life. Instead, it reflects the harsh realities of pursuing justice in the field of medical malpractice.

 

Rest assured: we take on strong cases, even in the face of these challenges, and we pride ourselves on fighting for a standard of care that protects patient safety and holds negligent providers accountable. Our goal is to secure remedies for deserving patients and make the medical field safer for everyone.