In this PG County baby brain injury discussion I am going to set out to explain when Maryland law will conclude that medical malpractice occurred. This post stems from a conversation that I had with a Prince George’s County Maryland mother who was essentially asking how these cases work and will they workout the same in say Baltimore City, or Montgomery Country for instance.
Believe it or not, there is a method that lawyers follow when working birth injury cases. In the back of our minds, we have to be cognizant of whether we are meeting the elements needed to be successful.
Why An Unwanted Result Is Not Enough…
The mere fact that an unwanted result occurred during a medical procedure, or giving birth, is not enough to conclude that medical malpractice has happened. If this were the case, then anytime an unwanted result occurred a doctor or hospital could be sued in Maryland for medical malpractice. When a jury or factfinder is tasked with listening to the evidence presented in these cases, they will assess the evidence based on the elements that must be proven.
As I have stated in past articles, medical malpractice falls under the umbrella of tort law. Under tort law you have a category called negligence which involves four elements. They are duty, breach of dusty, causation, and damages.
PG County Baby Brain Injury Attorney Answers Malpractice Questions
Another feature included in Maryland birth injury cases is whether the treating medical professional departed from the standard of care causing the baby’s brain injury. The best way to understand standard of care is what would a reasonable and prudent doctor do under the same set of circumstances.
With the above stated, you should be able to see that a doctor can stay within the standard of care and an unwanted result can still occur. Medical experts can give opinions as to the applicable standard of care and whether the defendant doctor, or nurse, departed from the standard of care causing the injury.
These requirements will be the same in a PG County baby brain injury case just like in any other county, and Baltimore City in Maryland.
If you have more questions because your baby has suffered a brain injury at birth pick up the phone and give me a call. My contact information is below, 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
