How long do birth injury cases take from start to finish? This is a question that is often asked by families who contact my office regarding their baby’s injury. Because many people are conditioned for instant results, it can be a shock to learn that a birth injury case can take some time to complete.
By the conclusion of this birth injury educational article, you should be able to understand why this process will take some time to complete in general. Understanding this fact will help you make the best decision for your family, which is whether you have the time and patience to push forward with a claim of this type. If you have specific questions regarding how your facts may play out in a birth injury time frame, be sure to direct those questions to your attorney.
WHY IS PATIENCE AN IMPORTANT FACTOR IN BIRTH INJURY AND MEDICAL MALPRACTICE CASES?
When a person is asking how long do birth injury cases take to complete, they are essentially bringing the issue of patience to the forefront. Patience is a trait that is rarely talked about when a discussion surrounding birth injury and medical malpractice claims takes place. I bring this issue up because if a family does not have the time or patience to put into these types of claims, moving forward may not be in their best interests.
The truth of the matter is that birth injury cases can take years to complete in some cases. I will explain in more detail below why this is the case. Suffice it to say, at this point, you must understand that you must be in for the long haul if you intend to make it to the finish line in a birth injury case.
If you do not have the patience for a case which may last a couple of years, it can create problems between you and your lawyer. The relationship between you and counsel can become strained because the process is not moving fast enough. The civil justice system does not move fast. This is something that you must understand heading into this process.
HOW LONG DO BIRTH INJURY CASES TAKE TO COMPLETE?
One of the reasons why a birth injury case can take some time to complete is because of all the requirements of Maryland law regarding these types of cases. To prove at birth injury case in Maryland, you must prove that the treating doctor did not follow the standard of care owed to your child, and by falling below that standard of care, this is what caused the injury to your baby. To prove this, we use medical experts who will give opinions as to the standard of care, and whether a departure caused the injury. This type of investigation early in the process can take time. For example, the medical records for mom and baby, including the readings from the electronic fetal heart monitor are needed.
Not only can the initial investigation take time, filing the case in Health Claims and then the correct court can take time. Once the case is filed, then discovery takes place. Discovery can include a host of things, such as:
- Production of Documents
- Requests For Admissions
These things will take time to complete. As a result, the time frame will increase and will pretty much guarantee that in general, these types of cases will not be wrapped up in a month, for example.
WAS YOUR BABY INJURED AT BIRTH?
If you have the question, how long do birth injury cases take, hopefully you can see now why the cases will more than likely take some time to complete. Patience is key when deciding to move forward on a journey like this. At least now, you have a better understanding of things. This will allow you to make the best decision moving forward for your family. If you do not have the time required for this, it is good to know it now and not after you have put the ball in motion.
To speak with me further regarding your baby’s potential birth injury claim, 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 questions regarding labor and delivery, brain injuries, cerebral palsy diagnosis, and much more surrounding birth injuries all the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP