Can we file a test childbirth lawsuit on our own? One question that many parents have when they are thinking about filing a childbirth injury case in Maryland is whether they can get a test case? The purpose of this test case, as it is explained to us, is to see how the case might play out in a test court filing. The short answer is no, you will not get an opportunity to file a test case here in Maryland.
What this means is that when you file your case you must be ready to put your best foot forward. Maryland law does not give you two bites at the apple so to speak. Because you only get one shot to file your case your attorney will have to do a thorough investigation initially to determine the viability of the claim.
For example, medical experts will review the case to see whether your child’s doctors or the hospital for that matter, fell below the standard of care causing your child’s injury. Once this is done things like a life care plan and other important actions will take place to push your child’s case down the tracks. In cases where the attorney’s investigation reveals that he or she may not be able to win your case the attorney should inform you of this crucial information. For example, if the medical records and facts reveal, that your child’s birth injury was not the fault of the doctors or the hospital, then the attorney should not pursue the case, because by doing so your child may be set up for a loss at trial and other possible other issues such as costs.
Although some parents may not like to hear this, it is still important that an attorney explains this to the clients. At the end of the day, the family is still free to get a second opinion as to the first attorney or law firm’s position on the case.
Hopefully now you understand that in Maryland you will not be able to file a test childbirth lawsuit on your own to get a feel for what “the real case” would look like. To speak with me further about your child’s injury at birth my contact information is below. I speak with families all the time about these issues and I will be happy to listen to your baby’s story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
