Her baby was born blue in color.
Add to this, the baby suffered seizures immediately after being born and the mother reported being in labor for a considerable amount of time.
The doctors informed the parents that their child had suffered a brain injury and that the severity of the injury would not immediately be known.
Hearing this type of information scared these parents because this was a lot of information being given to them all at once.
While doing her homework and researching online regarding hypoxia at birth, meconium, and other birth related brain injuries, mom found some of my information and reached out to me.
She expressed to me the fear and concern for her child, and how this entire ordeal weighed heavily on her and dad.
One really important question that she posed was would there be an opportunity before trial, if the case got that far, to question the doctors and nurses about what happened in the delivery room and the fact that more than likely her baby suffered a brain injury at birth.
If you are in the same situation as the mother in this educational article and supporting video and have the same question, keep reading.
The Pre-suit Investigation…
A very important step in any Maryland childbirth injury case, or medical malpractice case for that matter, is the pre-suit investigation.
Remember, the research from around the country shows that doctors win almost 8 out of 10 medical malpractice cases when they are sent to a jury.
As a result of this, it is important that the client and the attorney push forward on a solid case.
This is where the pre-suit investigation comes into play.
Your attorney is going to not only review your medical records and interview you regarding the injury, but the attorney is more than likely going to have the case reviewed also by a medical expert to see if a brain injury at birth occurred.
The medical expert will review the case to see if there was a breach of the standard of care in your case and whether this failure to follow the standard of care is what caused the injury.
Maryland law also requires that the person bringing the case have a medical expert ready to testify and explain in writing the paragraph above, among other things.
Tools Used Continue The Investigation And Narrow The Issues Pre-Trial…
So the answer to the question above as to whether you will have an opportunity to question the doctors and or nurses in your childbirth injury case before trial is yes.
Maryland attorneys can use things like depositions and interrogatories to further the investigation and clear up the issues at trial.
A deposition is a question and answer session in which you, through your attorney, can ask the doctors and nurses questions regarding the important issues surrounding your case.
Interrogatories work the same way, except that they are in writing and served on the defense.
Each of these tools, and others, can play important roles to the success of your case.
Do You Have More Questions?
If you have more questions about your child’s brain injury at birth don’t hesitate to give me a call.
I can answer your Maryland childbirth injury and medical malpractice questions, as this is something that I do all the time.
Remember, it costs you nothing to pick up the phone and give me a call.
I can be reached at 301-850-4832.