Reasons Why Your Medical Malpractice Case May Not Qualify


Lori Polemenakos

So, you asked LegalASAP for a free evaluation of your medical malpractice case. However, based on the answers you gave us, your case does not qualify for legal assistance. We’ll explain why your medical malpractice case may not qualify for financial compensation or a free claim review below.

Free Medical Malpractice Evaluation

Were you hurt due to negligence from medical staff? Click here to speak with a nearby attorney for FREE about your Medical Malpractice claim.

Reason #1: The Statute of Limitations to File a Claim In Your State Already Expired

According to your state’s laws, you have limited time to file a medical malpractice case seeking justice and compensation. This time-related deadline is called the statute of limitations. In most states, you have no more than two years to file your medical malpractice case. However, in some areas, you have as little as one year to file your medical malpractice case. Miss this deadline, and no healthcare provider, doctor, or nurse is legally obligated to pay you a cash settlement. While lawyers know ways to extend your time once you file, there’s nothing they can do after this deadline passes.

Reason #2: Another Attorney Already Accepted or Rejected Your Medical Malpractice Case

We understand that not everyone is happy with the lawyer they already have working on their medical malpractice case. However, you must sign a retainer and fee agreement when you decide to secure a lawyer’s services. These two documents serve as a contract between you and your attorney, and we aren’t willing to break that. While it’s possible to terminate your current attorney and then hire a new one, LegalASAP cannot do that for you.

And if another attorney rejected your medical malpractice case, that means it’s unlikely a second review would find it valid. There’s almost certainly a good reason why the previous lawyer didn’t think you would qualify for a cash settlement. In situations like these, attorneys in the LegalASAP network aren’t willing to spend time reviewing a case they cannot represent.

Reason #3: We Cannot Match You with Any Attorneys to Evaluate Your Medical Malpractice Case

Unfortunately, the LegalASAP network doesn’t include every single attorney licensed to practice in your state. It’s possible that no attorneys practice law in or near the ZIP code you entered on your evaluation form. Or, perhaps there are no attorneys near you accepting new clients or offering free medical malpractice case reviews. However, there are certain steps you can take right now to protect other patients from suffering an injury like yours:

  1. Go to the Consumers’ Checkbook website and scroll down to your state.
  2. Either click the website link for your state or call the phone number to report your medical malpractice case.

While this step won’t help you secure financial compensation or justice for your injury, it’s still very important. You may receive a call or email from your state’s medical board, or you might not. However, reporting the incident creates a paper trail that may lead to sanctions against your healthcare provider or hospital. If other patients report similar incidents going forward, your doctor could lose his or her license to practice medicine. Or the hospital may pay stiff fines that result in changes that keep future patients safer during similar procedures. It’s obviously not the same as forcing them to pay you a cash settlement, but it’s a crucial step in protecting your fellow patients.

Ready to see if you may qualify? Complete your free online medical malpractice case evaluation now!

Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as, Yahoo!, MSN, AOL, Xfinity,, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.