20 Must Know Reasons Why Law Firms Won’t Take Your Birth Injury Case

Birth injuries can be devastating for families, and when the injury is the result of medical malpractice, it’s natural to want to seek legal recourse. However, not all birth injury cases are taken up by medical malpractice law firms. There are various reasons why a law firm might decline to take on a birth injury case. In this blog post, we’ll explore the top 20 reasons why our, or any, medical malpractice law firm may not take your birth injury case. By understanding these reasons, you can be better prepared when seeking legal representation for a birth injury case.

One of the most important reasons to seek legal representation promptly is the statute of limitations. The statute of limitations is a time limit within which a lawsuit must be filed, and if the deadline passes, you may lose the right to pursue legal action.

• Statute of limitations: The time limit for filing a birth injury lawsuit has expired, and the case cannot be pursued.
• Lack of evidence: There is insufficient evidence to prove that medical malpractice caused the birth injury.
• Causation: The birth injury is not directly linked to medical malpractice or negligence.
• No breach of duty: The healthcare provider did not breach the standard of care, and therefore, no malpractice occurred.
• Contributory negligence: The parents or the child’s actions contributed to the birth injury.
• Informed consent: The parents gave informed consent for the medical procedures that led to the birth injury.
• Expected complications: The birth injury is a known risk associated with the medical procedure, and the healthcare provider took appropriate steps to prevent it.
• Pre-existing conditions: The child had a pre-existing condition that caused the birth injury, and medical malpractice was not a contributing factor.
• No damages: The birth injury did not cause significant harm, and the damages are not substantial enough to warrant legal action.
• No loss of income: The parents did not suffer a loss of income or economic damages as a result of the birth injury.
• Insurance coverage: The healthcare provider or hospital has sufficient insurance coverage to cover any damages, and a lawsuit is not necessary.
• Conflict of interest: The law firm has a conflict of interest with the case, such as representing the healthcare provider or hospital in a different matter.
• Client’s attitude: The client is difficult to work with or has unrealistic expectations regarding the outcome of the case.
• Venue: The case is not within the jurisdiction of the law firm, and they cannot legally represent the client.
• Statistically low chances of success: The law firm has evaluated the case and determined that the chances of success are low, making it not economically viable to pursue the case.
• Financial constraints: The client cannot afford the costs associated with pursuing a birth injury case.
• Previous settlements: The healthcare provider has previously settled similar birth injury cases, making it unlikely that they will contest the current case.
• Multiple defendants: The case involves multiple defendants, making it more complicated and difficult to pursue.
• Burden of proof: The burden of proof is on the plaintiff, and there is insufficient evidence to meet this burden.
• Ethical concerns: Pursuing the case would be unethical, such as in cases where the birth injury was caused by a natural event and not medical malpractice.

It is crucial to seek the advice of the experienced birth injury attorneys at Warshauer Woodward Atkins, if you believe your child’s injury was the result of medical malpractice. Our attorneys can help you assess the strength of your case and provide guidance on the best course of action. They can also analyze the complex medical and legal issues involved in a birth injury case, such as the standard of care, causation, and damages.

One of the most important reasons to seek legal representation promptly is the statute of limitations. The statute of limitations is a time limit within which a lawsuit must be filed, and if the deadline passes, you may lose the right to pursue legal action. The statute of limitations varies by state and type of case, so it is essential to consult with our attorneys as soon as possible to ensure your case is filed within the appropriate timeframe.

Overall, seeking the advice of our experienced birth injury attorneys can help you navigate the legal process and increase your chances of obtaining a favorable outcome. Don’t hesitate to reach out to us, (404) 892-4900 or [email protected] if you suspect that your child’s injury was the result of medical malpractice. There is no cost to you.