Lawyer Declined Your Malpractice Case? Don't Give Up
Hearing “I’m sorry, but I can’t take your case” from a lawyer is discouraging. After everything you and your family have been through, it can feel like a final verdict on whether you were wronged at all. It is not. A single attorney’s decision to pass on a case is not the same as a court finding that no negligence occurred. Many people who were turned down by one firm later found another lawyer willing to take a closer look.
If you believe a medical error harmed you or someone you love, this article is about what to do next—and why it is often worth getting a second opinion before you walk away.
A “No” Is Often About the Lawyer, Not Your Injury
It is easy to assume that a declined case means you have no case. In reality, a lawyer’s “no” can have very little to do with whether you were actually harmed. Medical malpractice claims are among the most complex and expensive cases in civil law, so attorneys are necessarily selective. A firm may decline because it lacks the right medical experts for your specialty, because its docket is full, or because the costs of pursuing the claim are difficult to justify under the facts as first presented.
Causation—proving that the error, rather than the underlying illness, caused the harm—is frequently the hardest part. One reviewer might see a tangle of complicating factors, while another, after reading the records more carefully, sees a clear breach of the standard of care. Different attorneys weigh these difficulties differently, which is exactly why a second look can matter so much.
The Value of a Second Opinion
You would not accept a serious medical diagnosis without considering a second opinion, and the same wisdom applies here. A different firm may have experience with your specific type of injury, relationships with the medical experts your case needs, or simply more time to investigate. Reviewing attorneys are human, and reasonable lawyers can disagree about whether a case can be proven.
At Thomas & Wan, LLP, we focus exclusively on medical malpractice, and we are glad to take a fresh look at a case another firm has declined. A second evaluation does not guarantee a different answer, but it can ensure your situation is judged on its full merits rather than a quick first impression.
What to Gather Before Your Next Call
The more complete your information, the faster and more accurately any attorney can evaluate your potential claim. Before you reach out again, try to assemble:
- Medical records. Records from the hospital, clinic, and providers involved are the single most important item. They allow a lawyer and their experts to review what actually happened.
- A written timeline. Note key dates—when treatment occurred, when you first noticed something was wrong, and when you learned an error may have caused the harm.
- Names and details. The doctors, nurses, hospitals, or pharmacies involved, plus any test results or imaging you have.
- Your questions and concerns. A short summary of what you believe went wrong and how it affected your life or your loved one’s.
Having these ready does not just save time—it can change the outcome of an evaluation, because a claim that looked uncertain in a phone call may look very different once the records are in front of an experienced reviewer.
Watch the Clock: Texas’s Filing Deadline
There is one reason not to wait. In Texas, you generally have two years from the date of the alleged malpractice to file a lawsuit (Tex. Civ. Prac. & Rem. Code Ch. 74). Limited exceptions may apply—for example, for minors or where an injury was concealed—but these are narrow, and you should never assume one covers your situation.
If that deadline passes, the law can bar your claim no matter how strong it might have been. So if you have been turned down, do not let weeks turn into months. Each “no” is a reason to move faster toward the next evaluation, not a reason to stop.
Don’t Give Up Before You Get a Full Review
A declined case is not the end of the road—it is often just one attorney’s judgment on the information they had at the time. Gather your records, build your timeline, mind the deadline, and seek another opinion from a firm that handles these claims every day.
If another lawyer has told you that you do not have a medical malpractice case, we invite you to let us take a look. Thomas & Wan, LLP offers a free, no-obligation consultation, and we work on a contingency-fee basis—meaning there is no fee unless we recover for you. Call us at (713) 529-1177 to discuss what happened and whether we may be able to help you find answers.
Talk to an Attorney
If you believe medical negligence played a role in your situation, reach out for a free consultation.
Contact Thomas & Wan