I recently had a parent have a hard time understanding why I could not give them an answer right away as to whether their baby’s injury was due to something the doctors and nurses may or may not have done the right way. As I began to explain what needs to happen during the investigation into cases like this, the parent started to have a better understanding of the issues. Understanding some of the questions to consider when bringing a birth injury case can help you get a feel as to why a birth injury attorney is doing certain things during the initial investigation into the case.


At the conclusion of my article you should have a better idea as to the some of the questions to consider when bringing a birth injury case and why an initial investigation into the facts and circumstances is a good way to go with things.




Talking to the parents about their experience can be helpful with an investigation into whether medical malpractice is the underlying cause of a baby’s birth injury. These questions will be presented to you because a birth trauma attorney will look to get the foundation questions answered initially. These questions can deal with things like what was mom’s pregnancy experience? Where things like gestational diabetes an issue? What about preeclampsia? Did mom make all the visits to the doctor? These questions, and many more are important questions to consider when bringing a birth injury case.


A birth injury attorney will also want to know certain things during labor and delivery. For example, was meconium present when your water broke? Also, what were the readings on the fetal heart monitor? Did the doctors and nurses have to constantly roll mom over, and/or give oxygen? If a shoulder dystocia condition was present, what steps did the doctor perform to free the baby?


Finally, when the baby was born, what did the parents notice? Was the baby blue in color? What were the baby’s APGAR scores? If meconium was present in the fluid, did it find its way below the “cords?” Lastly, was the baby taken to the NICU for hypothermia cooling? All the above questions, and more, help fill in the picture associated with a birth injury investigation.




The above questions are used, along with the medical records, to get an opinion from the necessary medical experts. Under Maryland law these experts are mandatory because they will explain the standard of care. Not only will they explain the standard of care, experts will state whether there was a departure from the standard which caused the injury. So, for example, you may need an expert OB, and an expert labor and delivery nurse, among others.


If these experts conclude that there was no breach in the standard of care, or causation, then you will not be successful with your case. With all of these moving parts, hopefully you can see why a birth injury attorney will more than likely not be able to give you a conclusive answer as to whether your baby’s birth injury was caused by a doctor and/or nurse during your initial consultation.




To speak with me about an investigation into the facts surrounding your baby’s birth injury pick up the phone and call me. I talk with families when their baby has a cerebral palsy diagnosis, a hypoxic ischemic encephalopathy (HIE) diagnosis, shoulder dystocia, etc.… You can call me at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would 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

Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals. BLG handles cases in Prince George’s County, Baltimore City, Montgomery County, Howard County, Anne Arundel County, and all other Maryland Counties. blgesq.com