In our recent video we discuss the role of mediation and a baby’s HIE birth injury. During this process it is extremely important for families to understand the role mediation plays in this process. Although many of these cases settle, parents should still be on the lookout for critical issues which can pop up when mediation is done for a baby with an HIE brain injury.

As stated in the video, if you already have an attorney and you are getting ready for a mediation, you should follow the advice of your attorney. It is always a good idea to think about beforehand any questions that you may have heading into your mediation.


When Can Mediation Or Settlement Occur?


Before talking about some of the important issues which can arise for parents when heading into a mediation, it is a good idea to understand when can a mediation occur. The best way to look at this is to think about mediation as being fluid. What I mean by that is that mediations, or settlement, can occur at many stages during this process.

After a lawsuit is filled, and discovery commenced, mediation can occur at any time during this continuum. As a matter of fact, settlement or mediation can happen all the way up to trial, and even during trial if both sides agree to mediation or settlement.


Mediation And A Baby’s HIE Birth Injury


There are two areas during a mediation in which things can become extremely challenging for parents, with the first being any type of discussion which enters around the life expectancy of the baby. In my experience, these discussions can in some instances bring about feelings of hurt and anger for parents because essentially this discussion centers around how long it is expected for the baby to live. Generally, the parents, through their attorneys and experts will have a projected lifespan for the baby. Where issues can arise is when the attorneys representing the defendants, with the use of their experts, project a shorter lifespan for the baby.

With the above stated, remember at the end of the day nobody can predict with 100% certainty anyone’s lifespan.

The second area of concern and challenge for families during mediation and a baby’s HIE birth injury is when at the start of the mediation, the defense start with an extremely low number out of the gate. This can be challenging for families because they know who much they are spending for medical care and the current needs of their family and this low number out of the gate can seem to be not grounded in reality.

Again, it is important to know that mediation is a process and in many cases, the numbers will increase as the day moves forward. At the end of the day, it is best to take advice and cues from your attorney as to whether mediation is fruitful or if it is better to just pack up and close out the mediation without resolution.

If you have more questions about your baby’s HIE brain injury at birth I advise you to contact me at my information below. I would be honored to listen to your baby’s story.

Marcus B. Boston, Esq.

Boston Law Group, LLC

9701 Apollo Dr. Suite 100

Largo, Maryland 20774


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. blgesq Maryland birth injury attorneys