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Inability to find an attorney who will take a malpractice case on a contingency fee basis. An inability to find an expert who can conclude to a reasonable degree of medical certainty that the ED physician breached the standard of care or proximately caused injury/death. Strong defense experts. Strong testimony from defendant physicians. Damaging admissions by the plaintiff's experts at deposition. A decision by the patient or family to resolve the matter now without going through the ordeal of a trial.

What Can Make a Patient's Lawsuit Just 'Go away?'