Why do patients with minor injuries sometimes have difficulty pursuing malpractice claims?

In the context of health law, patients with minor injuries often face difficulty pursuing malpractice claims primarily due to the economic structure of legal representation in the United States.1

Attorneys typically represent malpractice plaintiffs on a contingency fee basis, meaning they are paid a percentage of the final award. Because the potential compensation for minor injuries is relatively low, the high costs associated with litigation—such as securing expert testimony to establish the standard of care—often make these cases financially unviable for both the attorney and the patient.1

Furthermore, a valid malpractice claim requires proving four specific elements: duty, breach, causation, and damages. The burden of proof rests on the plaintiff to demonstrate these elements by a preponderance of evidence. For minor injuries, the difficulty and expense of meeting these legal requirements often outweigh the potential recovery, leaving many patients with little practical redress for compensation.12