The question of who is sued when a child is injured during pregnancy or during a vaginal delivery is an important one.
Suing the right party or parties will go a long ways in helping a client’s odds in having a successful case.
For individuals who are thinking about handling a childbirth injury and medical malpractice case on their own, this step can be a torpedo which can sink their ship!
Will All The Players Be Known At The First Interview?
In some cases individuals will want to know at the close of the initial interview with their attorney “do you know everyone who caused my child’s injury?”
The truth of the matter is that sometimes all of the at fault parties will not be known immediately.
This is because sometimes the attorney will not have had an opportunity to review all of the medical records pertinent to the case.
Remember, to be successful in Maryland one must be able to show that a treating medical professional breached the standard of care owed to the patient, causing the patient’s injury.
The Investigation…
During the investigation phase of the case, the attorney is going to not only review all of the necessary records and interview the client, the attorney will also have a medical expert give an opinion of the case and issues.
For example, in a birth brain injury case the fetal heart strips may reveal that the child was in distress and suffered from a lack of oxygen for a considerable amount of time, depleting the baby’s fetal reserves.
But for whatever reason, the nurse and doctor in the delivery room, both employed by the hospital, did not take appropriate actions based on the readings and a second opinion expert has concluded that the actions of doctor and nurse are what caused the baby’s brain injury.
In a situation like this a strong argument will be made that not only is the doctor and nurse responsible for the baby’s injury, but also the hospital.
One of the main reasons the hospital will be brought into the case is because the doctor and nurse are employees of the hospital and the hospital is also responsible for the actions of its employees acting in the scope of their employment.
Want To Speak With Me Further About Your Baby’s Injury At Birth?
If you have more questions about your child’s 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.
