One of the more interesting questions that we can get when parents are looking to have an investigation done into cause of their child’s HIE diagnosis is what is a role for parents in a HIE claim? As I gave this question thought, I began to realize that this issue presents itself in many ways during these types of cases. With that said, it is important for parents to not forget, with everything going on, their role as an advocate and care provider for their baby during this time.
In this short birth injury educational article, I will help you understand the roles of each of the adult parties in these types of cases. As with many specific issues, if you have specific questions about your situation you should direct them to your attorney.
THE ROLE OF THE ATTORNEY IN A HIE CLAIM…
When a family reaches out to an attorney regarding an investigation as to the cause of their baby’s HIE diagnosis during birth, one of the most important things that attorney can do is work it get answers for the family. This is because with some families, answers may be limited. For example, some parents who I speak with have little understanding of some of the key issues which may have been present during labor and delivery. Was the baby in fetal distress? What were the reading on the electronic fetal heart monitor? Should an emergency C-section have been performed based on what was happening; or was the C-section performed but it was delayed?
All of the above, and more, are but some of the areas in which an attorney will investigate for a family when looking to find answers. In some cases, the investigation may reveal that the cause of the HIE diagnosis had nothing to do with the medical professionals. In other words, there was not a departure from the standard of care which caused the injury. On the other hand, in some other cases the cause of the HIE diagnosis had nothing to do with genetics or developmental issues, but it was because of failures on behalf of doctors and nurses. If there are answers to the questions posed by parents of children with HIE they deserve to have those answers.
A ROLE FOR PARENTS IN A HIE CLAIM
One important role for parents when dealing with an HIE claim is to continue to advocate (look out for their baby’s best interest) for their baby. Another way to put this is to keep doing the things that you are doing for your child. Let the attorneys worry about the “legal stuff” and you keep doing the day to day things that your child needs. For example, taking your baby to treatment appointment, or other types of appointments. If physical therapy is needed, for example, then continue to support your child during their physical therapy appointments. Same can be said for seizure studies and any other type of treatment.
Taking the time to “worry” about the legal aspect of things can add another burden that is not needed for you or your family. So, to re-cap, when thinking about a role for parents in a HIE claim, it is best to have the parents continue to advocate for their child and leave the “legal stuff” to the attorneys.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP