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Screening the birth injury case: you can't take every case. Carefully assess a potential obstetrical negligence lawsuit by considering the facts, the data, and the likely outcomes.

Article Excerpt
The most important part of a successful medical negligence practice is knowing which cases not to take. While you can occasionally make lemons into lemonade, it is not recommended as a steady diet. Taking the wrong case can have huge ramifications.

This is certainly true of obstetrical negligence litigation. Although you may feel sympathy for every couple who comes to you for help after their child has suffered a catastrophic birth injury, you must carefully consider whether you can bring their potential claim to a successful conclusion.

Aside from diverting your firm's valuable resources into work that is unlikely to be productive, pursuing a bad case can be devastating to your clients. Typically, they are already struggling with the lifelong consequences of a child's disability and the guilt of feeling it was somehow their fault for choosing the wrong doctor or hospital. They are justifiably suspicious of professionals, including you. When you accept their case, they feel vindicated: The legal process will resolve their financial concerns for their child and prove that what happened was not their fault.

This is not just another case to your clients. You owe them care and consideration from the moment they walk through your door. And while they may not want to hear you say that they don't have a case, it is infinitely better to tell them so at the outset rather than at the end of an unsuccessful lawsuit.

If you pursue a case that has questionable merit, you may contribute to the negative perception of the civil justice system being touted by the tort "reformers." Plaintiff lawyers have become a political football in a game between insurance companies, doctors, and HMOs on one side, and victims of medical malpractice on the other. This is especially true in the area of obstetrical malpractice. We hear in the news that "frivolous" cases are forcing good doctors to stop delivering babies. It's nonsense, but when people hear the same thing over and over, they start to believe it.

Cases involving catastrophically injured infants are hard to turn down, because they are emotionally powerful and because of the importance of providing for the child's future. But these concerns should not interfere with a thorough and objective assessment of the case.

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Proper analysis of a potential medical negligence case depends on knowledge, experience, and the right resources. This does not mean that only experienced medical malpractice attorneys can evaluate prospective cases. It does mean that you must have access to all the necessary...

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