One question that many parents have when they are thinking about filing a child birth injury case in Maryland is whether they can get a “test case?”
The purpose of this test case, as it is explained to us, is to see how their case might play out in a test court filing.
THE SHORT ANSWER…
The short answer is that you will not get a test filing in your case.
This means that when you file your case you have to be ready to put your best foot forward.
Maryland law does not give you two bites at the apple so to speak.
IMPORTANCE OF THE INVESTIGATION
Because you only get one shot once you file your case, your attorney will have to do a thorough investigation into your child’s case.
For example, medical experts will review the case to see whether your child’s doctors, or the hospital for that matter, fell below the standard of care causing your child’s injury.
Once this is done things like a life care plan and other important actions will take place to push your child’s case down the tracks.
WHAT IF THE INVESTIGATION REVEALS A NO GO?
In cases where the attorney’s investigation reveals that he or she may not be able to win your case, the attorney should inform you of this crucial information.
For example, if the medical records and facts reveal or example that your child’s birth injury was not the fault of the doctors or the hospital, then the attorney should not pursue the case, because by doing so your child may be set up for a loss at trial and possible other issues such as costs.
WE’RE READY TO TALK TO SOMEONE NOW!!!
At some point, many parents conclude that it may be worth it to at least get an attorney’s opinion as to their child’s birth injury.
Whether your child has suffered a brain injury, been diagnosed with cerebral palsy, or some other type of childbirth injury, we are here to help.
We can be reached at 301-850-4832.