We recently spoke with a mother who essentially asked why can’t I get legal help for my holistic birth? For this mother her birthing experience was not what she expected for her, and the baby and she wanted to see what legal options she had available based on her birthing experience.
Mom had created a birthing plan, but it seemed that things went off script in a hurry because this question raises very specific legal issues, I will not focus much on the backstory of this family, but on the relevant legal issues.
Why Can’t I Get Legal Help For My Home Holistic Birth?
One of the main reasons why a family might have problems finding legal help when a baby has suffered a brain injury at birth and the birth was not at a hospital, or reputable birthing center, is because in many instances there will be no way to help the family recover the funds needed to help the baby.
In addition, not all homeowner’s insurance policies will cover these types of situations, compounding issues even more. The truth of the matter is that depending on the severity of the baby’s injury, it may cost millions of dollars over the life of that child to help the child with all their needs. In addition, when the legal process works from start to finish it may cost anywhere from $200,000 to $350,000 (can be more if delays in litigation occur) to work this type of case through the legal system for a family. Remember, these costs are like this because lawyers must actually hire medical doctors and other medical experts to meet the state requirements to do these types of cases. Without access to some type of insurance, most law firms will not take cases which fall into these categories like this because it can bankrupt the law firm and harm other existing clients that the firm is trying to help.
For me personally, I am not here to tell a person if they should or should not have a holistic home birth, with the person in charge of the birth not connected to a reputable hospital or agency, my point is to just advise and point out the legal issues present.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
