Is a baby’s HIE diagnosis the result of negligence? To put the question another was is whether negligence is the cause of a baby’s HIE diagnosis? Both questions, when analyzed at their basic levels ask essentially what the elements of negligence from a legal standpoint are and how does a birth injury attorney apply these elements to the facts of a given case?
At the conclusion of this article, and supporting video, the public should have a better viewpoint of these critical issues. Also, this information reveals that there are professionals who can help answer these questions when a baby has an HIE diagnosis.
What Is Negligence?
Most people use the word negligence from time to time but the question is does the legal version of negligence mean the same thing as the lay person’s definition? Negligence, in its basic breakdown deals with four elements which are the following:
- DUTY
- BREACH OF DUTY
- CAUSATION
- DAMAGES/INJURY
The above is how a state like Maryland defines negligence. In addition to the four main elements above, Maryland law also reveals that for medical malpractice cases a plaintiff, the person bringing the medical malpractice birth injury claim, must prove that there was a departure from the standard of care which caused the injury or harm. Below, we will discuss how all of this comes together to help a family figure out whether negligence is the cause of their baby’s HIE diagnosis.
Is A Baby’s HIE Diagnosis The Result Of Negligence?
When a family reaches out to a birth injury attorney for help as to whether their baby’s HIE Diagnosis is the result of negligence, the birth injury attorney will begin to do certain things. The first thing will be to interview mom and dad to get an idea as to the issues present. In other words, get the factual picture down. Next, the attorney will look to review all of the relevant medical records, which will include the readings from the electronic fetal heart monitor.
Because birth injury attorneys concentrate on birth injury cases, they know what areas must be reviewed and they can speak with the needed medical records on the issues at hand. It is during these discussions that the facts can be applied to the required elements of standard of care and whether there was a departure causing the injury. If the medical experts conclude that these elements are met through the facts, then a strong argument will be made by the plaintiff that it was negligence on the part of the negligent party (doctor, nurse, and or hospital) which caused the injury.
Now, if say genetics, or developmental issues are present, then more than likely these things will be the cause of the injury and not a medial professional or hospital. Parents just have to make sure that these things are truly the cause and not birth trauma, as mentioned above.
To speak with me further regarding your baby’s HIE diagnosis I invite you to contact me at my information below. Remember that it costs nothing initially for you to talk with me about your baby’s story. As birth injury attorneys this is what we do.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
1-833-4 BABY HELP
