For families navigating an HIE brain injury diagnosis, the legal path can feel confusing. A common point of uncertainty arises when different attorneys review the same medical records and reach opposite conclusions. One lawyer may decline the case, while another might pursue it. Understanding this disparity is key to managing expectations.
Proving Breach and Causation
The severity of a child’s injury does not automatically equate to a viable legal case. These cases hinge on a specific legal proof: that healthcare providers deviated from the accepted standard of care and that this deviation directly caused the brain injury. This requires qualified medical experts who are not only willing to support this view but can also persuasively explain it to a jury.
Why Some HIE Cases Are Harder to Prove Than They Seem
Attorneys may consult different experts or interpret their opinions differently. Their own experience with how juries decide these complex cases also shapes their analysis. Decades of data show juries often side with doctors, even in close cases. The burden of proof is high, and when opposing experts seem credible, juries frequently grant physicians the benefit of doubt. This is why some HIE cases are harder to prove than they seem.
The Critical Role of Expert Testimony
When a lawyer declines a case, it is often due to expert issues. There may be insufficient support, conflicting opinions, or concerns about presenting the medicine clearly. This does not mean the injury is not profound. It reflects the harsh demands of the legal system. Another lawyer with access to different experts might assess it differently, which is why seeking a second opinion is often wise.
The financial and emotional weight of these cases is immense, with costs often reaching hundreds of thousands of dollars. This rigorous filter explains why some HIE cases are harder to prove than they seem. It is not about heartbreak, which is all too real, but about the formidable challenge of meeting a very high legal standard.
You can reach me at my information below if you have more questions regarding your baby’s HIE or cerebral palsy diagnosis. Remember, it costs you no money to initially speak with me about your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
