Sensabaugh said that some of these suits overlook or ignore other factors, such as genetic disorders, as the true source of the birth defect. The lawyers who represent the families of such children could not disagree more. If you don't get the baby out, you may very well be held responsible. Any lawyer who thinks they're going to win that kind of case with sympathy is going to go out of business. There used to be an argument that you file a suit and someone just throws money at you to make it go away.
Nobody does that.
Though Sensabaugh said he believes he has seen his share of meritless cases, he agreed that the cost of developing a case may determine whether it is ever filed. A question of merit Not every malpractice claim that is dismissed was frivolous. The reports filed with the board are replete with denials of fault and other defenses among the 1,458 cases that ended with settlements. The lawyers who represent patients bristle at how the doctors and their insurers sometimes sum up the alleged malpractice in these reports. Those cases are being actively defended and tried.