A Bad Result May Not Mean Medical Malpractice
Over the last few weeks we have been contacted by parents who have been placed in an unfortunate situation with the injury or death of a child during childbirth.
In many of these calls there has been a recurring theme, and that theme is, does a bad result automatically mean that medical malpractice occurred?
When something bad happens, either during childbirth, or any type of medical procedure, it can be easy for the mind to think that this must mean medical malpractice happened.
But is this really the case?
The Umbilical Cord Hemorrhage…
We recently posted an article and educational video explaining how a mother, who had serious stomach pains one night, checked herself in to her local emergency room.
She told the doctor that she had not had any problems during her pregnancy and that all of a sudden her stomach begin to hurt.
After running a battery of tests, the doctor informed her that he could not detect a fetal heartbeat.
It was eventually confirmed that the baby had died during the pregnancy and that the baby would be stillborn.
This was clearly a bad result but was it medical malpractice?
To make a long story short, our investigation determined that the umbilical cord had gotten kinky, which contributed to a hemorrhage.
The Help Of Medical Experts…
Maryland law requires that a medical expert is needed in any childbirth injury/medical malpractice case.
This expert is needed to explain the standard of care (for standard of care think about it like this…what type of care would a reasonable and prudent doctor give in the same situation as the patient?) owed to the patient, and whether the treating doctor breached the standard, causing the patient’s injury.
In the above call to our office we concluded that there was no evidence that any doctor had given this mother essentially substandard care.
There was nothing in the records or the pathology which suggested that the doctors missed anything.
In other words, this was just an unfortunate situation.
What Would Have Happened If We Still Pressed On?
Much of the research from around the country suggests that doctors win almost 8 out of 10 medical malpractice cases which are decided by a jury.
Because of this, it is important for attorneys to do a good investigation beforehand and hammer out the critical issues in their case.
If we could not prove that there was a breach in the standard of care then we were really setting ourselves up to fail on behalf of our client.
Want Us To Review Your Situation?
I review Maryland childbirth injury cases/medical malpractice cases all the time. Maybe your child has suffered a serious injury after birth, or during the birthing process, or maybe you have had serious issues following a medical procedure.
Regardless, this is what I do and I would have no problem listening to your story.
I can be reached at 301-850-4832.
