Do you think that you have a birth injury case, but you cannot afford the experts? To put the question another way, who pays for the experts needed to prosecute a Maryland birth injury case? This is an important topic because from time to time, we will have individuals contact us who are hesitant to go to far with situations like this because they have little ability to finance these types of cases.
With the above stated, please be sure to speak with the attorney/law firm that you are thinking about hiring regarding the specifics of their firm in dealing with your case. The information that I am providing is general in nature regarding Maryland birth injury cases and should be treated as such.
WHY DO YOU EVEN NEED MEDICAL EXPERTS IF YOUR CHILD HAS AN INJURY?
Contrary to what some think, Maryland law does not classify every bad result as medical malpractice. It does not work that way under Maryland law. As a result, to be successful in birth injury cases in this state, you must prove that the treating doctor fell below the standard of care, causing injury to your baby and or you, the mother.
Medical experts are needed to give opinions as to the legal issues surrounding your case and whether the doctor treating you departed from the standard, causing the injury to you or your baby. Maryland birth injury attorneys will consult with these experts and see whether you have a viable medical malpractice case.
HOW DO YOU PAY FOR THESE EXPERTS THEN?
Many birth injury attorneys in Maryland will pay for the experts needed to support your case. This is because many of these cases are done on a contingency fee basis. What this means is that the attorney/law firm will recover their fee and “costs” following the conclusion of the case, either through a settlement or jury verdict in your favor. A contingency fee agreement allows the client to engage the civil justice system, even if they cannot afford to bring the case on their own.
As I stated above, you want to make sure that the attorney/law firm that you are looking to hire will approach your case like I have outlined in this article. Not every Maryland birth injury and medical malpractice attorney will do this. Some will require you to pay for experts out of pocket along the way, or may have you responsible for “costs,” regardless of whether you win or lose the case. Get the terms of your agreement in writing and ask questions regarding terms of the agreement that you may not understand!
DO YOU THINK THAT YOU HAVE A BIRTH INJURY CASE?
Has your child been diagnosed with cerebral palsy? Or has the doctor talked with you about hypoxic ischemic encephalopathy (HIE) and you have questions? Hopefully you understand now how can still get a Maryland birth injury attorney to review your case, even if funds are short on your end.
If your child’s doctors have spoken to you regarding hypoxic ischemic encephalopathy, or neonatal encephalopathy (or you have seen these words in your child’s medical records), and you have more questions from a medical/legal perspective, this is what I invite you to do.
Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
