What if the doctor says they did not cause the birth injury? Does that mean that all hope is lost? For some families who will reach out to us there is a delay because the doctors have informed them that essentially the cause of their baby’s birth injury had nothing to do with the doctor. For some families, it is not until they get a second and, in some instances, third opinion that they begin to re-evaluate things.
When a family is faced with this dilemma, what they are really experiencing is how do you prove legally that a birth injury has occurred? In Maryland, to prove a birth injury case, medical malpractice case in general, there are specific elements which must be met. In this educational article, I will explain these elements from a basic standpoint.
YES, YOU CAN GET A SECOND OPINION…
Before explaining what if the doctor says they did not cause the birth injury, I want to deal with another important issue. That issue surrounds the ability of a parent to get a second, or even third opinion if needed regarding the diagnosis and treatment of their baby. It may be surprising for you to know how many mothers and parents contact us and do not know that they can get a second opinion as to the diagnosis and treatment options for their baby.
For example, one family contacted us regarding a birth injury because initially they believed that the cause of their child’s brain injury was due to genetics. After getting a second opinion as to the baby’s head scans and fetal heart monitor readings, the family began to re-evaluate the opinions of the original doctors.
I am not saying that every second opinion will be different from the original opinion. What I am saying is that if you feel that another opinion is needed to help regarding the diagnosis and treatment of your baby, it is OK to take that next step to get clarity for you and your family.
WHAT IF THE DOCTOR SAYS THEY DID NOT CAUSE THE BIRTH INJURY?
As I stated above, when families are dealing with what if the doctor says they did not cause the
birth injury, the issue revolves around how do you prove that the actions of the doctor caused the injury? Maryland law classifies these types of cases as a form of negligence law. So, you will soon be able to understand that a gut feeling that the doctor caused an injury to your child is not enough. Also, you will be able to see why a bad result does not necessarily mean medical malpractice occurred.
Maryland law requires that you prove that your treating doctor deviated from the standard of care owed to you and your baby and by deviating from that standard, this is what caused the injury. Please read that sentence again because it is very important that you understand that concept. If you cannot prove that sentence, then you will more than likely not be successful in a birth injury or medical malpractice case.
In many of these cases, your medical malpractice or birth injury attorney will help you investigate whether the standard of care was broken, causing the injury. The attorneys will handle this investigation, using medical experts. This is because Maryland law requires that opinions regarding the standard of care are given by qualified medical experts. If you do not have medical experts to give these opinions, your case will not be viable. This little-known fact to many has caused many people who handle these cases without an attorney serious, problems.
The above should help you understand that unless the standard of care is compromised, causing the injury, a medical malpractice case will not be successful. In addition, you should now be able to see that a bad result can occur even when a doctor stays within the standard of care.
DO YOU WANT TO TALK MORE ABOUT WHAT THE DOCTOR SAID REGARDING YOUR BABY’S BRAIN INJURY?
Can you now see that what if the doctor says they did not cause the birth injury may not always be true? In some cases, there was a departure from the standard by the doctor, which is what caused the injury, thus making the doctor and hospital responsible.
To speak with me further, 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 talk with families regarding birth injuries dealing with the brain, cerebral palsy, and other types of injuries all the time and I would be happy to listen to what happened with you and your baby.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
301-850-4832
1-833-4 BABY HELP
