A question that I eventually field when a family is looking into the investigation of their baby’s HIE diagnosis is how long can a HIE claim take? In my opinion, because of what is shown on TV and in movies regarding legal cases, the public can have differing opinions as to the legal process.
In this birth trauma educational article, I am going to explain some of the key areas analysis when investigating a HIE claim for a family and why the process can take some time. Contrary to what can be known in the public, these claims will not more than likely be concluded in a few weeks, or even a few months if it is a viable claim. Remember, for specific questions related to your facts, you should speak with your own specific
HOW TO PROVE A BIRTH INJURY CASE
Under Maryland law, there are certain things that must be done to prove a birth injury case. These things ensure that a claim is not brought because a bad result happened. A bad result does not mean medical malpractice. Let me repeat that because it is that important. A bad result does not mean that medical malpractice occurred.
You must prove with your evidence that the doctors and/or nurses did not follow the standard of care owed to your baby, and by not following the standard of care, this is what caused the HIE injury or other harm. As you can see with this requirement, a bad result will not be enough. This is because a doctor or nurse can stay within the standard of care in medicine and a bad result happens.
HOW LONG CAN A HIE CLAIM TAKE?
To find out what the standard of care is for your situation, you will need to use medical experts. If you think about it, medical experts are the ones who are in the best position to explain what the standard of care is during different stages of labor and delivery. To put the point anther way, because this information is not “public knowledge” (e.g. everyone who drives knows you stop at a red light) experts must explain these issues. Experts can give opinions as to these issues through a review of all the applicable medical records.
Once experts have signed off that there was a standard of care violation causing the injury, the claim can then move forward into the proper court system. This means that the filing of a complaint will eventually happen, and the complaint will be served on the proper defendants in the case. In addition, scheduling orders and discovery will be set up. All these things can take months, even years to complete.
The legal system is slow and there is very little that can be done to “speed things up.” I have just given small snapshots into these issues (there is more to the process, but no way can I list everything for a small blog entry). The point of the matter is that for the question of how long can a HIE claim take, the answer is in general it will take a while to get to the conclusion of things.
DO YOU HAVE QUESTIONS ABOUT A HIE INVESTIGATION FOR YOUR CHILD?
If you have more questions about what happened during your labor and delivery, just pick up the phone and call me. In some cases, parents begin to remember their experience, and this is how questions start. Was your baby in fetal distress? Was your baby blue in color after delivery? Was meconium present when the water broke? Did your baby have to be moved to the NICU? All these things are important in a birth injury analysis.
I can be reached for further discussion 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.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP