What are some typical questions in a free birth injury consultation? For the purpose of this birth injury educational article, I am going to take some time and explain what you might expect from the attorney you speak to about these issues. I think this is an important issue because when people reach out to me regarding these issues, I can tell sometimes they are not sure what they are in for when looking to chat.
Please remember that the information that I am providing is general in nature and that each attorney might handle this different. For example, in my firm, there is no charge at all to talk with a family about their story. You want to make sure if you are looking to speak with another attorney you understand their set up.
WHY THE INITIAL CONSULT CAN BE HELPFUL…
When looking to do an investigation into whether a baby’s injury at birth, for example HIE, or hypoxic ischemic encephalopathy, is due to medical negligence, the investigation takes place along the backdrop of how to prove medical malpractice in Maryland. There are specific elements which must be proven for these cases to successful and nowhere in the analysis is that a bad result automatically means that medical malpractice occurred.
Medical experts are needed to give an opinion as to the standard of care, and whether there was a departure from the standard of care which caused the injury. To understand the standard of care, look at it as in general what would a reasonable and prudent doctor do under the same set of circumstances. So, to recap that sentence, not only must the defendant depart from the standard of care, the departure must cause the injury or the harm.
The facts of the case are what helps us understand what standard of care is to me used and whether the departure is what caused the injury. During your free consultation, I will have these in my mind.
TYPICAL QUESTIONS IN A FREE BIRTH INJURY CONSULTATION
Some of the typical questions in a free birth injury consultation will be designed to flesh out the potential issues in the case. So, at the start of the talk we will want to know how was your pregnancy? How old are you and did the doctors conclude you were a high-risk pregnancy? Is this your first child? If this is not your first child, did any of your previous births have complications?
During your pregnancy, how were your prenatal visits? Were you able to keep your appointments? Did you have any problems during pregnancy (i.e. gestational diabetes, preeclampsia, etc.…)?
Then we will move on to the labor and delivery. Were you home when your water broke or where you at the hospital? Was meconium in the fluid when your water broke? If you were at the hospital, was a sonogram performed when you got to the hospital? Were you by yourself in the labor and delivery room or were family also present? Did the nurses and doctors seem attentive to your care? Did the nurses have to continue to turn you or provide oxygen? Was the doctor updating you on your condition? Was there mention of oxygen related, or heart rate issues for the baby?
Following birth, time will be spent on what, if anything did you notice? Was the baby blue, gray, or purplish in color? Did the baby have trouble breathing, or was not breathing at all? Was the NICU present for a handoff? Was hypothermia cooling performed and if so, was it the same hospital or a different hospital? Did the baby suffer seizures?
Finally, the current state of things. Has there been a diagnosis, for example, HIE, or cerebral palsy (CP)? Is the baby currently getting assistance with therapies and treatments? What type of medication, if any, has the baby been prescribed?
The above are some of the typical questions in a free birth injury consultation. Remember, the above is not exhaustive, but designed to help you understand what potential questioning may cover.
If you have more questions for me regarding your baby’s injury at birth, pick up the phone and call me. I speak with families all the time regarding HIE, CP, and other traumatic birth injuries. 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