Contrary to what some think, there are some birth trauma cases we might not be able to assist a family with, in their journey. One of the main building blocks our firm is built on is the quest to provide quality educational information to families about medical malpractice and birth injury cases. To do this, we provide information explaining not only the medical malpractice process here in Maryland, but we also listen to our clients and people who contact us with questions and incorporate those questions and concerns into our context, thus providing even better information as time goes on.
With that said, it is also important to explain to viewers and readers areas which will cause problems for their cases. In other words, you cannot always talk about the good, but you must include the “bad.” One of the truths of the matter in this area of law is that not every family who contacts us we will be able to help. For some families this can cause anger and frustration (understandably so), but for others, it can provide “answers” to their lingering questions.
Quickly, today, I will talk about an area in these cases which is hotly contested and must be proven whenever we embark on this journey with a family. What is this issue you may be wondering? Causation.
WHY IS CAUSATION IMPORTANT?
When discussing the issue of some birth trauma cases we might not be able to assist a family with on this journey, causation is a topic that will come into play with a lot of these cases. Talking to other attorneys who handle these cases, I know that causation is something that has to be explained and proven.
Maryland law is clear on the role of causation in negligence cases. This is because, as I have mentioned above, causation is an element that must be proven by the plaintiff, the person(s) bringing the claim.
What this means in simple terms is that we must prove that it was something that the doctors, or the defendants, did, or failed to do which caused the injury. This is causation is its most simplistic terms. If the cause of the injury is something that is out of the control of the defendant(s) you are suing, you will not be successful with your case.
BIRTH TRAUMA CASES WE MIGHT NOT BE ABLE TO ASSIST…
After we speak with a family about their story, we start an investigation into the case. As part of this investigation, what we do is get the medical records and start to review what is documented in the records. Since we have usually already talked with the family, we have some idea of the basic facts and we can look to see if the records support these facts from a basic standpoint. Also reviewed in these records will be the printout or reading from the electronic fetal heart monitor.
In cases in which the fetal heart monitor reveal that the baby was never in distress, and that the doctors stayed within the standard of care, there can be other reasons as to what the baby suffered an injury. For example, in some cases, there may be a developmental abnormality which is responsible for the baby’s brain injury. In addition, there may be other reasons why the baby may has to be delivered early and this may lead to an injury.
The main point of the paragraph above is to show you that in some cases, the reason for the brain injury is not anything that the medical professionals did or failed to do. The injury just happened. For some parents, this is the confirmation that they need however, to keep pushing forward with the best life possible for their child.
DO YOU WANT AN INVESTIGATION INTO YOUR BABY’S BRAIN INJURY?
If you would like to speak with me further about your baby’s story, pick up the phone and call me. We answer questions for families all the time, as this is what we do. Our goal is to help you get answers.
You can reach me at 301-850-4832. I would love to speak with you and listen to your story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP