Understanding The Filing Of A Frivolous Maryland Childbirth Injury Case
“We’re not people like that Mr. Boston.”
“We work hard for what we have and we don’t want to be like those people who file frivolous cases.”
The above statements are those in which we hear from time to time.
Individuals who make these statements want to make sure that they do not “get too deep down the rabbit hole” and realize that there is no end in sight, or that the end is something they never saw coming.
What questions like this highlight is that the Maryland childbirth injury and medical malpractice process can be confusing and complex to those who are outside of the legal community, and it can even be confusing to those who are in the legal community.
Why The “Front End Work” Is So Important…
Maryland law places a lot of requirements on people who are coming to the civil justice system to seek money for the harms and losses caused by the carelessness of others.
A doctor, hospital, or other medical processional cannot needlessly endanger a patient.
Even though this seems like common sense how does one go about proving this in court?
The answer to this question deals with a lot of things which have to be done on the front end during the initial investigation of the case.
What Your Attorney Is Looking To Do On The Front End…
During the initial part of the case your attorney is looking to do a full investigation as to what happened.
As part of the investigation, the attorney is going to look at the medical records and interview the client.
In reviewing the medical records the attorney is going to more than likely consult with medical experts to review the standard of care and whether the treating doctor or hospital deviated from the standard of care, causing the client’s injury.
If you are wondering about what we mean by standard of care, look at it like this.
What would a reasonable and prudent doctor do under the same set of facts as your situation?
Because of Maryland law, anyone who brings a childbirth injury or medical malpractice case must have these experts in place who will give an opinion regarding what was just mentioned above.
Can You See How Hard It Will Be To File A Frivolous Case Now?
Due to the expert requirements, it is very hard to file a case and get it to a jury if there are no experts on board.
If experts have differing opinions as to the care given to a patient and the cause of the patient’s injury, then there is truly a question of fact that will need to be cleared up at trial.
In other words, the case is not frivolous.
Attorneys, many of whom are fronting the costs to bring these cases on behalf of their clients, are not going to put up their time, money, and relationship with their client for a case with no merit.
“Mr. Boston, How Do I Find Out More About The Maryland Childbirth Injury Process?”
If you would like to speak with me further about your situation this is what I invite you to do if things happened in Maryland, and it costs nothing to take this next action.
Pick up the phone and give me a call.
I can answer your legal questions as this is something that I do all the time and I would be happy to speak with you about what you have going on.