LEGAL GUIDE
Written by attorney Marcus Bazzell Boston | Jul 29, 2019

How To Get The Jump On A Birth Injury Or Medical Malpractice Case?

Are you wondering how to get the jump on a birth injury or medical malpractice case? Another way to understand this question is are you wondering what you can do yourself to start the process regarding a potential birth injury or medical malpractice claim? These issues can come to light when a person is not ready to hire an attorney immediately, but they have not closed off the possibility for the future.

In this article I will explain not only why your medical records are important, but what are some of the types of records you should request. Before moving on to the discussion section, I would like to remind you that you should you request your records that you do so in the form of electric records. This means that you should see if you can get the records on disk, PDF, or a portal if available. Doing the request this way can save money in some cases on your end.

WHAT TYPES OF RECORDS SHOULD YOU REQUEST?

Depending on your budget, it may not be feasible for you to request your entire record (note the above regarding electronic delivery or disk). If you are in this situation, there may be certain records that you may want to have immediately, especially if you would like to have an attorney to review the case for possible medical malpractice.

For example, if you think that your injury was due to a departure from the standard of care during a surgery, you want to make sure that you get your pre-operation notes, surgical notes, and discharge notes along with discharge diagnosis. On the other hand, if you think that your baby has suffered an injury at birth, namely a brain injury, and the hospital and medical staff are the cause, you want to make sure that you request the records from the labor and delivery. This would include mother’s records along with the records from the electronic fetal heart monitor. Please be sure that all three sets of records are included in the birth injury request.

HOW TO GET THE JUMP ON A BIRTH INJURY OR MEDICAL MALPRACTICE CASE …

When thinking about how to get the jump on a birth injury or medical malpractice case, the medical records are central to this analysis. Maryland law places these records in the center of the process with the proof requirements in these cases. Medical experts are needed to review the facts of the case and give an opinion as to the standard of care and whether there has been a departure from the standard causing an injury.

How to get a jump on a birth injury or medical malpractice case is to already have some of the initial records for your attorney to review initially. During the early stages, your attorney may be able to use the medical records you provide to start a quick early review of the possible issues present.

Apart from the legal side of things, compiling your medical records can also help when looking to have a doctor give you a second opinion as to the issues present with your diagnosis and treatment. Of course, your doctor will request your records for review down the line, but during the early stages of things, you may be able to use your medical records to help explain your issues to your second opinion doctor.

Before concluding this article, I want to stress that this information is for those who have the means to get their records early in the process. If you do not have the means to get the records early, all hope is NOT gone. Many attorneys will front the cost for medical records in medical malpractice and birth injury cases for their client. This article is more so for those who are looking to get the jump on a birth injury or medical malpractice case because the financial costs are not a barrier to them.

DO YOU WISH TO TALK WITH ME REGARDING YOUR BABY’S INJURY OR YOUR MEDICAL INJURY?

To speak with me further regarding a medical malpractice or birth injury issue this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer birth injury and medical malpractice questions from families all the time and I would be happy to listen to your story.

Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

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