The question presented is do you want the doctor to apologize for your baby’s birth injury and you would like the court to make this happen? In other words, you want to hire a birth injury attorney to help you get the doctor to apologize for what was done to your baby? This is a question that I advise parents on quite a bit, believe it or not. The issues around this issue are totally understandable but display somewhat of a misunderstanding as to the role of the civil justice system and the process in general.
At the conclusion of this article you will have a better understanding of not only how the civil justice system works, but also how birth trauma attorneys prove in some cases that a baby’s injury at birth was due to medical malpractice and not some other cause. Not all cases will be medical malpractice, but some are the result of birth trauma and in those cases, families deserve to be able to have a quality investigation done into what happened.
HOW DO WE PROVE THAT YOUR BABY’S HIE DIAGNOSIS WAS DUE TO MEDICAL MALPRACTICE?
Contrary to what some people think, a bad result does not always mean that medical malpractice was the cause of said bad result. If the standard was just bad results, then doctors would always be put into a no-win situation. Maryland law requires certain elements to be met before a doctor or other medical professional can be found liable for medical malpractice. Even though medical malpractice falls into the area of tort law, there are specific requirements that must be met for a successful case.
One such specific requirement is the use of medial experts. Because I am not a doctor, I cannot tell you with a reasonable degree of medical certainty certain aspects of these cases. For example, the law requires the use of medical experts to give an opinion as to the standard of care and whether the actions of your treating doctor violated the standard of care, causing the injury or the harm. During a jury trial, the judge will make certain rulings of law regarding the legal issues present and allow the jury to gather the facts of the case. If your medical expert(s) find that there were no violations of the standard of care, then your case will more than likely not succeed.
WANT DOCTOR TO APOLOGIZE FOR YOUR BABY’S BIRTH INJURY?
One of the main roles of the civil justice system is to make those who cause harm to others make the injured person whole using money. This occurs once a trial has been concluded and the fact finder rules that the defendant doctor is responsible for the injury. In its simplest form, this is one of the roles of the court.
When you hire a birth injury attorney, they are looking to make your case based on the requirements of law. For example, on the mind of the attorney will be, among other things, whether the injury was due to a departure from the standard of care. In addition, gathering the correct experts needed to be successful with the case is also important to the process. Since many attorneys will advance the costs associated with the case, being sure that they have a well-structured case is important.
WANT AN INVESTIGATION INTO WHAT HAPPENED TO YOUR BABY?
Want the doctor to apologize for your baby’s birth injury, and want to hire a birth injury attorney to use the court to make this happen? Hopefully now you can see how the civil justice system works and some of the crucial issues along the way in the process. If your baby has suffered a brain injury at birth (HIE diagnosis, cerebral palsy diagnosis, etc….) and you would like to speak with me further, pick up the phone and call me.
I can be reached 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