So, the question is why is the placenta helpful in understanding a traumatic brain injury, especially from a medical legal point of view? This question really gets to another hotly contested issue when advising parents as to whether they have a viable birth injury case, with the issue being causation.
Defense attorneys who represent doctors, nurses, and hospitals will sometimes concede that an injury has happened, but what they rarely concede is that the medical professionals and or hospital is the cause of the injury. With that said, understanding the role of the placenta can help families not only have a feel for the issues at play, but causation.
Why Causation Matters?
Causation matters because in the basic breakdown of these cases, they are negligence cases. In a negligence case certain elements must be proven by the party bringing the lawsuit. When looking at causation the easiest way to think about it is whether the actions or inaction of the defendant(s) is why the injury or damages happened.
If the actions or inaction of the medical professionals did not cause the injury, then there is a good chance the case will not be successful. Therefore, when a birth injury investigation is being performed the attorneys reviewing the facts and issues will be working to see how causation will play out from a legal perspective.
Why Is The Placenta Helpful In Understanding A Traumatic Brain Injury (HIE)?
First, what does the placenta do? The placenta will grow and develop inside the uterus during pregnancy. One of the main jobs of the placenta is to provide oxygen and other nutrients to the baby. In addition to providing oxygen, the placenta is responsible for removing waste products from the baby’s blood. Attachment of the umbilical cord grows from the placenta.
One area of defense regarding causation in birth injury cases is when there is a suspected infection, such as chorioamnionitis. Chorioamnionitis is an injection that impacts the placenta and amniotic fluid. When this infection is suspected there usually will be fever, an increased heart rate and a foul-smelling fluid.
Chorioamnionitis can be extremely dangerous for a baby because it can lead to brain damage, among other things. As a result, this an area of attack by defense firms who handle these types of cases.
With the above stated, law firms who are versed in these issues know that a chorioamnionitis infection can also be caused by a prolonged labor and can in some cases be caused by the hospital. This is why it is so important to speak with attorneys who have experience and concentrate on birth injury cases.
To speak with me further about your baby’s HIE diagnosis, or subsequent cerebral palsy diagnosis, I invite you to contact me at my information below. It costs nothing to speak with me initially about your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
1-833-4 BABY HELP
