It’s difficult to know where to turn if you’re a parent whose child was injured during birth and now suffers from serious health complications, all due to the negligence of a healthcare professional. Just reaching out to a cerebral palsy malpractice attorney to discuss the particulars of your experience is a challenging first step. You place your faith and trust in that attorney, expecting him or her to rally behind you and fight for your child’s rights.
Then, the unthinkable happens: The attorney turns you down, declines to take your case for no clear reason, and leaves you back at Square One.
If you find yourself in that unfortunate position, you are not out of options. There is hope. Let the team at Gershon, Willoughby, & Getz, LLC, give your medical malpractice case a second look. Give us a call or fill out a contact form on our website, and one of our medically-trained attorneys will extend a helping hand in your time of need.
Coming to us for a second look at your medical malpractice claim is like seeking a second opinion on a medical diagnosis. It could completely change the course of your family’s future.
Why Lawyers Turn Down Medical Malpractice Cases
To build a successful medical malpractice case, we must be able to prove that a healthcare provider violated the standard of care, and in doing so, they were directly responsible for causing harm to our client. We must also prove how much our client lost as a result of malpractice. Sounds simple enough.
However, proving a medical malpractice case can be tricky, and sometimes, law firms opt not to take on the challenge. Here are some of the most common reasons lawyers decide not to take these types of cases:
- Too difficult to prove the standard of care was violated — Just because a negative outcome occurs does not automatically mean it occurred due to another party’s negligence.
- Too difficult to prove a violation directly caused injury — Even if you can prove a defendant violated the standard of care, he or she still might not be the clear cause of the negative outcome. There could be other contributing factors that complicate causation.
- Litigation costs of vs. expected recovery — In order for a claimant to recover damages, the amount of the settlement has to be more than the cost of litigation. Attorney fees typically come out of whatever the client recovers. If the attorney assesses the case and does not foresee a positive financial outcome, he or she may decline to pursue the claim.
Attorneys decline to take cases all the time, and it’s important not to lose heart if it happens to you. Seeking out a firm that specializes in birth injury and other malpractice cases could yield a completely different outcome.
Why We’re Different
At Gershon, Willoughby, & Getz, LLC, our Baltimore-based brain damage lawyers understand the ins and outs of malpractice law, and we have the knowledge and experience to assess a case thoroughly and spot details other firms might miss.
In other words, we are the ideal legal team to give your birth injury case a second look. If you’ve been turned down by another firm and aren’t sure what to do next, you’ve come to the right place. Contact us today to discuss your case with one of our attorneys.