How will I know if my baby’s brain injury is medical malpractice? To put the question another way, how will you know if medical malpractice was the cause of your baby’s traumatic brain injury, like HIE or hypoxic ischemic encephalopathy? If a family is waiting on a doctor to tell them that he or she committed malpractice and that this is the cause of the HIE injury, then the family will be waiting a long time for this to happen because in all honesty, a doctor will more than likely not admit something like this.


For this educational article, and supporting video, we will discuss two areas of focus when trying to understand this issue. Both topics will require the parents pay close attention to their situation and what information is being delivered to them.


How Will I Know If My Baby’s Brain Injury Is Medical Malpractice?


The first area to pay close attention to is the interactions with other medical professionals, especially those in other departments outside of labor and delivery. For example, in some of our cases we have family members who will report to us the reason that they reached out to us for help is because a nurse in another department (i.e. NICU), informed the family that they should “speak with someone about help with what happened to their baby.”


The reason these nurses can be helpful is because they may not be tied to the injury if it happened in labor and delivery, and they are not associated with L&D in any way. There is no guarantee that these other medical professionals will divulge this type of information, but every once and a while it happens.


Second, you might have a hint that medical malpractice caused your baby’s HIE diagnosis if genetic and development issues have been ruled out as the cause of the injury. Remember, as we have discussed in previous videos, to be successful in these types of causes the actions, or non-action of the medical professionals must be the cause of the injury. If something else caused the injury other than the action, or non-action of the medical professionals, then the case will not be successful. When talking to the doctors if it seems that genetics and developmental issues did not cause the injury then speaking with a birth injury attorney to help find answers may be a good idea.


To speak with me further about how will I know if my baby’s brain injury is medical malpractice I invite you to call me at my contact information below. I speak with families like yours all the time about traumatic brain injuries like HIE and I would be happy to listen to your baby’s story.


Marcus B. Boston, Esq.

Boston Law Group, LLC

2 Wisconsin Circle, Suite 700

Chevy Chase, Maryland 20815


1-833-4 BABY HELP


Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals. BLG handles cases in Prince George’s County, Baltimore City, Montgomery County, Howard County, Anne Arundel County, and all other Maryland Counties.