In our most recent video we discuss the issue of medical malpractice and a traumatic brain injury in a baby. For the context of this article and supporting video, the traumatic brain injury is HIE or hypoxic ischemic encephalopathy. During the holiday break this question was one of the most common off-line questions we received from families. The short answer is that in general yes medical malpractice can in some cases be responsible for a baby suffering a traumatic brain injury during labor and delivery.
Below we will discuss how to determine whether malpractice was the cause of the injury, or something else. If a family decides to move forward in suing the doctor, nurses, and hospital, a malpractice case has certain elements that must be met for the case to become successful.
Malpractice And A Traumatic Brain Injury In A Baby
If you have had an opportunity to listen to my previous videos then you have probably heard me mention the term birth injury investigation. A birth Injury investigation is exactly what the term implies, an investigation into the cause of your baby’s traumatic brain injury during labor and delivery. During our investigation we review the medical records associated with not only mom, but also the baby.
In addition to mom and baby’s records, we also will review the readings from the electronic fetal heart monitor. It is in these records that we can begin to understand what may have happened during labor and delivery. For example, the readings on the electronic fetal heart monitor will display mom‘s contraction patterns. This can be important in our investigation because if mom is having too many contractions over a period of time then this can create problems for mom and baby. Specifically, on the baby side the concern for oxygen related problems can be paramount. This medical condition is called tachysystole and is but one area of analysis.
If there is another cause for your babies HIE diagnosis and that cause is outside the control of the doctors, nurses, and hospital, then a medical malpractice case will not be successful. Causation is a required element for birth trauma cases, and negligence cases in general. Medical malpractice and a traumatic brain injury in a baby requires the understanding of multiple legal issues. As a result, it is important when families are doing their investigation into what type of attorney can assist them with these types of cases that they look for attorneys who have experience in what has been discussed above.
To speak with me further regarding your babies HIE or cerebral palsy diagnosis, I invite you to contact me at my information below. Remember, it costs nothing to speak with me initially about your baby’s story.
Marcus B. Boston, Esq.
2 Wisconsin Circle Suite 700
Chevy Chase, Maryland 20815