Understanding birth trauma from a legal perspective can be extremely helpful to a family looking for answers surrounding their baby’s injury at birth. It has been my experience, talking mostly to families who have a baby with an HIE and/or CP diagnosis, that providing guidance in understanding birth trauma in this context can help them make the best decision possible for their family.
Before getting into the issues below, I want to remind the readers that ultimately the decision to move forward on a birth trauma case is up to you. No one can make that decision for you. What I will say is even if you do not want to explore this possibility right now, but you have questions regarding your child’s birth injury, that you get all of the records surrounding labor and delivery for mom and baby as soon as possible. I am saying this because if there is ever a time you will change your mind you will be grateful that you at least collected all of the medical records for future review.
UNDERSTANDING BIRTH TRAUMA
I want to start by reminding you that a bad result or unwanted result does not mean that medical malpractice has occurred. These results, however, oftentimes start the wheels of research into an issue. Understanding birth trauma from a legal perspective means delving into the elements one must prove to move forward with a case.
Because medical malpractice cases are a type of negligence case, they fall under the umbrella of tort law. In Maryland there are certain elements that must be proven to be successful.
Essentially when we bring a birth injury case we are claiming that the treating doctor did not follow the standard of care any by not doing so, caused the injury. This can also apply to nurses in the delivery room in the birth injury context.
We prove this by having medical experts review the medical records and facts in the case. These experts are required by law as they must give opinions as to the applicable standard of care and whether there has been a departure causing the injury.
CAN I TELL YOU IMMEDIATELY IF THE INJURY IS MEDICAL MALPRACTICE?
Hopefully, you can see why in many instances we will not be able to tell you immediately over the phone if your case is medical malpractice. There are a lot of moving parts from a birth injury standpoint.
With that said, we will do a thorough investigation to get you and your family the answers you deserve.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP