5 Reasons Lawyers Turn Down Birth Injury Cases
Lawyers and legal teams turn down potential birth injury cases due to a number of factors. Lawyers who are well versed in birth injury medical malpractice lawsuits — or especially in specific types of birth injury medical malpractice lawsuits — are likelier to provide advantages in the areas of time, money, assistance, and results. Here are 5 common reasons lawyers turn down birth injury cases:
TIME
Florida’s statute of limitations for personal injury cases, including birth injury cases, is two years, with some specific allowances.1,2 In instances in which a provable birth injury case is presented to a lawyer or legal team too close to the expiration of allowable legal action time afforded by the law, cases may be rejected due to having insufficient time for research and case preparation.
WORKLOAD
Lawyers and legal teams may inadvertently overextend the number of cases that can effectively be resolved. Life events, including births, deaths, retirements, and illnesses affect legal staff availability, reducing the amount of birth injury cases a lawyer or legal team can viably handle.
LEVEL OF TECHNICALITY
The level of intricacy of a birth injury medical malpractice case may require additional time or skills and experience that an attorney or legal team does not possess or does not desire to engage in. An example could be a scenario of unusual concurrent mother-child birth injuries.
EXPERIENCE
Lawyers who specialize in other areas of law may be unlikely to have the knowledge and hands-on experience to effectively resolve birth injury cases. In addition, lawyers new to the practice of law or who specialize in only one type of birth injury case may reject high-end, technical, or time-consuming cases.
PROVABILITY
Potential birth injury cases that lack sufficient proof (the burden of proof) may be readily rejected by lawyers and legal teams. Without viable proof of harm, no birth injury case exists. That being said, obtaining more than one review of a potential case may be prudent.
Lawyers who are well versed in birth injury medical malpractice lawsuits — or especially in specific types of birth injury medical malpractice lawsuits — are likelier to provide advantages in the areas of time, money, assistance, and results.
Mallard & Sharp, P.A.’s goal is to obtain justice for families whose infant has been the victim of a medical malpractice negligence birth injury. Mallard & Sharp, P.A. is dedicated to providing all clients with the path to justice and financial recovery. The record-breaking firm continually handles cases that involve infant or maternal birth injuries, medical malpractice, and negligent security, as well as any other acts of provable negligence that have caused catastrophic injuries or wrongful death to individuals.
For additional information, or to inquire about expert legal representation for a potential medical malpractice negligence birth injury lawsuit case, contact Mallard & Sharp, P.A. at 305-461-4800.
1 https://www.flsenate.gov/Session/Bill/2023/837/Amendment/113938/PDF
2 https://www.floridabar.org/the-florida-bar-news/legislature-passes-comprehensive-tort-legislation/