Why the defense might blame you in a birth injury case. To frame the issue another way, how might the defense defend your birth injury claim? For families who feel that their baby’s birth injury was preventable, this is a good way to help them understand some of the issues which must be resolved when bringing these types of cases.
In this Maryland birth injury educational article, I will help you not only understand the defenses used sometimes in these cases, but how to prove your baby’s birth injury was due to medical malpractice.
PROVING MEDICAL MALPRACTICE IN MARYLAND…
Just having a bad result will not be enough to put you over the finish line for a medical malpractice claim. The system does not work like this and has some very specific requirements.
The plaintiff, the person bringing the claim, must be able to prove that the treating doctor, or medical professional, fell below the standard of care, causing the injury or the harm. This is done using medical experts.
Medical experts will review the case and come to an opinion as to the standard of care, and whether there was a deviation from the standard, causing the injury.
To come to this opinion, the medical expert will review the medical records and relevant facts in the case. After this is done the expert will then write a report as to his or her findings.
WHY THE DEFENSE MIGHT BLAME YOU IN A BIRTH INJURY CASE
One way in which a birth injury case can be defended is by attacking causation. If you remember from above, I mentioned that to prove the case you must show that the doctor deviate from the standard of care causing the injury. Causation is an important element that must be proven by the plaintiff.
One way to attack causation is to say that something else caused the injury. For example, in some of these cases the defense may allege that an infection is what caused the injury. Another way they can defend the case is by saying that there was a genetic, or developmental abnormality. In essence, this is why the defense might blame you in a birth injury case because they are trying to attack causation.
When investigating these cases, it is important to understand whether the issues the defense might raise in the case are legitimate. Was there truly evidence of infection in the case? Did mom have problems during the pregnancy or were things fine? Will a geneticist agree that what is coming out from the doctors and hospital correct about the genetic aspect of things? Or, is the cause of the injury fetal distress that was not properly diagnosed and treated by the doctor and nurses during labor and delivery? All these issues, and more, must be analyzed in cases like these.
WANT TO TALK ABOUT YOUR BABY’S BRAIN INJURY AT BIRTH?
If you would like to speak with me further about what is going on with your baby since their injury at birth, I invite you to pick up the phone and call me. Why the defense might blame you in a birth injury case is something we can help explain better after reviewing the facts in the case.
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