06/06/2026
I think the biggest misconception that people have about birth injury lawsuits is that just because there is an injury, that that means that there is a case. In order for us to have a case, we have to be able to prove several things. We have to prove that somebody did something wrong. That means they did something that they shouldn't have done, or they failed to do something that they should have done. Then we have to prove that that thing that they did wrong caused injury, but for the actions that were taken, the failures that were done, this injury wouldn't have happened. And then, because these cases are so expensive and time-consuming, we have to have a significant permanent injury that occurs. For example, in shoulder dystocia cases, you can have an injury to the shoulder during the birth that is temporary and then heals after six months or a year. That's typically not a case that you're going to bring because the expenses of it don't make it worth it. On the other hand, if you have a shoulder injury where one, two, three, four nerves are torn away at the neck and the arm is no longer useful, then that's a case that you would take.