Will new information change a Maryland medical malpractice case filing? In other words, if you find out new information about your case after you have filed your law suit is there anything that can be done to reflect this change?
Before getting too far into this Maryland medical malpractice educational article, I want to make sure that you understand that the information given in this article is general information regarding this issue and that you want to make sure that you consult with your attorney regarding the specifics of your situation. These issues can be very fact specific and you want to make sure that you can get the answers for your case.
AN EXAMPLE OF A POSSIBLE SCENARIO…
One of the best ways to understand how a new information change can play out is with an example. Let us say that your child was born through a vaginal delivery. During the delivery there seemed to be “issues” but you trusted that the doctors and nurses would help you get through it.
Shortly after birth, your child suffered seizures, was blue in color, and had to be rushed to the NICU. After spending time in the NICU your baby was finally released and discharged. With that said, doctors did relay to you some abnormal findings on brain scans.
As time passed, you began to notice that your child was not making the same advancements as other children their age. Medical records reflected that the baby was not meeting certain neonatal milestones, with doctors suggesting that the brain injury your child suffered may lead to a cerebral palsy diagnosis.
WILL NEW INFORMATION CHANGE A MARYLAND MEDICAL MALPRACTICE CASE FILING?
Based on the above you hire a Maryland birth injury attorney to look into the case. The attorney and law firm does an investigation of the case and concludes with the support of medical experts that the hospital, doctors, and nurses involved in the case did not meet the standard of care owed to you and your baby and this is what caused your baby’s brain injury after birth.
All of the necessary parties to the case are sued and you get your transfer order from the Health Care Alternative Dispute Resolution Office to move the case to circuit court. However, after filing in circuit court you learn that one of the nurses in the case does not work for the hospital, but rather an outside agency.
Because this is new and relevant information that could not have been known until after filing, you can move to amend your complaint to reflect the new information. As already mentioned above, because this type of issue can be very fact specific and procedural in nature (also issues in the Health Care Alternative Dispute Resolution Office), you want to be sure to speak with your attorney about this issue because if done incorrectly, you might jeopardize your claim down the line.
Will new information change a Maryland medical malpractice case filing? Hopefully now you have a better understanding of this issue.
IS YOUR BABY THE VICTIM OF MARYLAND MEDICAL MALPRACTICE?
To speak me further about your injury, or your child’s injury following birth, this is what I advise you to do.
Pick up the phone and give me a call.
I can be reached at 301-850-4832.
I answer Maryland medical malpractice questions like yours all the time and I would be happy to listen to your story.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815