You have been told that your child will more than likely have developmental delays.
As a result of this you begin to think about the future and what lies ahead for your child.
Hard questions like who will take care of my child if something happens to me start to cross your mind.
Add to this you start to wonder if your child will be able to overcome the current condition.
These are but some of the questions which cross the minds of parents who have children in similar situations.
SHOULD I WAIT AND SEE BEFORE FILING A MARYLAND CHILDBIRTH INJURY LAWSUIT?
One thing that you have to understand is that ultimately the decision to speak with a lawyer or to file a lawsuit is ultimately up to you.
Although a lawyer can help give you the pros and the cons about this process, it is ultimately up to you to make the call as to whether you want to go forward with something like this.
However, it is our hope that this educational article and corresponding video will help you get a better understanding of this process.
TO THE QUESTION ABOVE…
The short answer as to whether it is always a good idea to wait to file a childbirth injury case is that it will depend.
For example, let us say that your child is dealing with a shoulder dystocia condition and the doctors have said preliminarily that your child has suffered an injury to their arm.
Well it may be in your best interest in a situation like this to wait for a little bit.
The reason being is that sometimes with injuries like this the child can rebound and gain full control of their arm or hand.
With the help of therapy and other treatments, children can sometimes work through the initial injury and not have a long term injury.
On the other hand, if your child has a brain injury, and you learn that the lack of oxygen was the cause of the brain injury, you may not want to wait.
THE CHILDBIRTH BRAIN INJURY…
Childbirth brain injuries can be devastating to parents.
One reason why waiting in these types of cases may not be a good idea is because they take a long time to investigate and when second opinion experts say that it was the actions or inaction of the doctor or hospital which caused your child’s injury you gain very little by waiting.
For example, as time goes on doctors may retire from practice and memories fade as to what happened.
Add to this, in brain injury cases children usually need immediate services and treatment.
The faster the child is able to have access to a settlement or jury verdict, the faster the child can make use of the services listed in their individualized life care plan.
When parents wait in cases like this, it essentially hurts the child’s ability to move on to the next step of the process, and that is to get the best care and assistance possible.
A WORD OF CAUTION…
The above paragraph was not intended to suggest that you will always win these types of cases or that they will be completed in a short amount of time.
A lot of work has to go into any childbirth injury case, from experts, to medical reports, etc… it’s a long process.
You will have to speak with your own attorney to have a better understanding of the merits of your situation.
If you think that it is now time to speak with someone about what your child went through at birth, and filing a Maryland childbirth injury lawsuit, this is what we invite you to do.
Remember, it costs nothing to take this action and that is to pick up the phone and give us a call.
We can be reached at 301-850-4832.
We answer childbirth injury and medical malpractice questions like yours all the time and we would be happy to listen to your story.