There are several reasons a lawyer may not pursue a medical malpractice case. State law may require the attorney to receive a medical expert opinion explaining that a medical malpractice has taken place, but the attorney cannot find a qualified second opinion. The attorney may find the cost of the case would come close or barely exceed the value of the case. Obtaining the necessary testimony to win the case is often expensive, especially if the case is taken to trial. Insurance companies are less likely to settle these days, according to Lawyers.com. Many lawyers do not find "economically feasible" cases.