Why is the complaint important in a birth injury case? Actually, the same can hold true as to why a complaint is important in most civil cases too. Although the complaint is not often mentioned, it is one of the most important filings in a civil case.
Below, I will quickly discuss the complaint in a civil action and why it is important. As always, of you have questions which point to issues directly pertinent to your situation, be sure to speak with your attorney regarding those matters. The information that I am providing in this article and supporting video is general in nature and based on how things are done in the state of Maryland.
WHAT IS A CAUSE OF ACTION?
Before talking about the complaint, I am going to give you a foundation regarding another issue that you need to understand as part of this discussion. This issue is called a cause of action. In law, a cause of action in general is a set of facts which enable a person to bring an action against another. There can be many causes of action, covering many areas of law.
For example, if two people enter into a contract and one person does not fulfill their obligations under the contract, the other person might bring a breach of contract action against the party that did not fulfill their obligations. There can be more to this analysis, but for this discussion I am giving you a simple example of what is a cause of action. After discussing the complaint below, the cause of action aspect will complete the puzzle.
WHY IS THE COMPLAINT IMPORTANT IN A BIRTH INJURY CASE?
As writers have stated in the past, the complaint is the foundation upon which all verdicts and judgments stand. If a case is filed and it is settled before a verdict or judgement, the complaint is more than likely going to play an important role in settlement too. This is because the complaint is the road-map of the case. Through the complaint, the theory of the case, which will be argued by the attorney(s) is created.
The complaint is in essence the cause of action and alerts the defendant(s) of the action being brought against them. As I explained earlier, the cause of action is a set of facts which allows a person to bring an action against another. In the context of our area of practice, birth injury cases are a form of medical malpractice.
Once we file a complaint, in many cases it will be because a baby has suffered a brain injury at birth. The complaint will outline the facts of the case which gives rise to our cause of action and theory of the case. For many birth injury cases in which we handle, there is an allegation that the treating doctor (could be nurse and or hospital too) fell below the standard of care, causing the injury. We will outline facts in the case which gives support as to our position.
Although the complaint is something that is rarely mentioned outside of “legal” circles, it is important for any claim that is filed in court. Defendants will start with the complaint when they are looking to start their defense of the claim(s).
DO YOU HAVE MORE QUESTIONS ABOUT THE BIRTH INJURY PROCESS?
If you would like to speak with me further about the birth injury process, or an investigation into your baby’s brain injury at birth, this is what I invite you to do. Pick up the phone an give me a call. I speak with families all the time regarding birth trauma and brain injuries, as this is what we do.
You can reach me at 301-850-4832.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
