Why a filed birth injury claim is more than likely not frivolous. One of the main reasons I am sharing this article, and supporting video is because of a couple of comments I saw online discussing the topic of tort reform as the answer for the extreme costs of health care in the United States. As the posts were suggesting, frivolous, or meritless birth injury and medical malpractice cases is rampant.
Before going further, please remember that the basis of the analysis in this article is based on Maryland law. Many other states also have expert requirements, however, if you are in a state other than Maryland you should be sure to run these issues by an attorney licensed in your state for better clarification.
What Is Needed To Prove Birth Injury Medical Malpractice
Birth injury, or birth trauma cases are a type of medical malpractice claim. In Maryland they fall under the same requirements that are needed in all medical malpractice cases. The law requires medical experts be 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 or harm. In our context this would be an injury to the baby (many of our cases are HIE or hypoxic ischemic encephalopathy traumatic brain injuries).
In the case of the standard of care, the best way to understand this is what would a reasonable and prudent doctor do under the same set of circumstances. Not only can these issues apply to doctors, but nurses can also play a role if they are responsible for an injury during labor and delivery and their actions depart from the standard, causing the injury.
A Filed Birth Injury Claim Is More Than Likely Not Frivolous
Because Maryland law places the above discussed requirements on medical malpractice cases, an attorney bringing this type of claim knows that these requirements must be met. If experts are not named and reports explaining the standard of care and how the defendant(s) action violated the standard causing the injury are missing the attorney is setting themselves up to lose the case. This means countless hours and finances will be wasted.
The fact that medical experts are giving opinions in these cases means that the cases are not meritless. There is a factual dispute that will have to be cleared up by a factfinder.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP