Brain Damaged in 2018
Multiple lawyers & doctors felt this family & brain-injured baby didn’t have a case. Here’s how they were proven wrong.
This mother’s labor was mismanaged, causing the baby to suffer a devastating brain injury. A top law firm reviewed the case and rejected it. Undeterred, the prospective plaintiff’s family went to another top law firm, which had both a very experienced lawyer and two very experienced OBGYNs review the case. They all felt that there was no merit to the case and were prepared to reject it. Eventually, an attorney who happened to also be a physician was consulted and performed an independent review of the case, undertook a deep review of the most up-to-date literature, and involved some of the nation’s most prominent expert physicians, and this team was able to piece together what went wrong with the care to have caused the brain injury.
This is another great example of why prospective plaintiffs must seek the best possible legal counsel. The best medical malpractice attorneys should not only be top-notch litigators and trial lawyers, but also should have a firm grasp of medicine and a level of medical expertise that allows them to dig deep into the medical literature and effectively spar with defendants in their own medical fields of expertise. Without that knowledge and granular expertise or understanding of pathophysiology, there can be a significant disadvantage at all stages of litigation. In this case, a family with a legitimate claim was repeatedly told that they didn’t have one. This was likely because the counsel she sought rendered opinions that were based on insufficient medical knowledge and expertise. Ergo, Commandment Number 7: Thou shalt seek the best possible legal counsel.
Commandment Number 8 (“Thou shalt seek legal counsel with all deliberate speed”) is also implicated because every lawyer who reviews and rejects a case consumes valuable time and runs the clock, causing the case to get closer and closer to the statute of limitations, which, once passed, means the claim cannot be brought before a court anymore.
Commandment Number 9 (“Thou shalt not stop seeking legal counsel until all options have been exhausted”) also applies to this case, because had that family accepted the first law firm’s opinion and just given up, then they would never have found out later on that they actually had a case to pursue. It is therefore advisable to keep trying to find an attorney because their refusal to take your case may be due to their lack of understanding of the facts.