In the context of a baby suffering a traumatic brain injury like HIE, in some instances, parents will have a lot of questions as to the cause of a baby’s HIE brain injury. These questions can range from will my baby survive, to how did this even happen in the first place? Since nothing like this is usually planned for, parents can quickly become overwhelmed.
What I would like to do for this post is breakdown from a medical- legal standpoint how we help families find answers to the cause of their baby’s HIE birth injury.
Questions As To Cause Of A Baby’s HIE Brain Injury?
A family can have all types of thoughts for what caused their baby to suffer this type of injury. From my experience in talking with families it can be hard for them to process that medical malpractice might have been the cause. This is because for some parents they think that the doctors must have intentionally acted to harm their child. To put it another way they think that the doctor had to essentially wake up and intend to harm a baby for the doctor to be responsible for the cause of the injury.
When we perform a birth injury investigation for a family, we are not looking to see whether the actions of the hospital and medical professionals was intentional. This is because for a claim of negligence it is not needed in general to prove that the actions were intentional. That is just not the standard of proof in many cases. Our birth injury investigations focus on whether there was a departure from the standard of care which is what caused this baby’s brain injury at birth.
It is my hope that this clears up a lot of confusion surrounding this issue because some parents believe that negligence could not have caused their baby’s HIE birth injury because the doctor and nurses did not intend to harm the baby. Questions as to the cause of a baby’s HIE birth injury are important and families should continue to ask them until they get answers.
If you have more questions as to the cause of a baby’s HIE birth injury reach out to me at my contact info below. It does not cost you anything initially to speak with me and I would be honored to listen to your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
1-833-4 BABY HELP