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The First Step In A Birth Injury Or Medical Malpractice Case

What is the first step in a birth injury or medical malpractice case? Because this can be a new experience for many parents and families, things can get overwhelming fast. From “what’s wrong with my baby” to “will I be able to ever work again,” questions will arise. Often times when individuals decide to venture into this process, they have no idea about the steps along the way.

In today’s Maryland birth injury and medical malpractice video and article I will share with you one of the starting points to get the ball rolling. At the conclusion of this article you will not only understand why the medical records (step one) are important but what to specifically ask for in a birth injury case.


Before delving into step one, it is important that you view this journey as a process. It is easy to get caught up in peeking to the end of the case. Be that a settlement or a jury trial, either one of these actions constitute more than likely, the end of the case.

Maryland law implements certain things which must be proven to be successful in a birth injury or medical malpractice case. A crucial element which must be proven is whether your treating doctor fell below the standard of care owed to you causing your injuries. These elements are proven using medical experts. These experts will be retained by your attorney to give the necessary opinions on your case. Without these experts your case will fail as a matter of law.


The first step in a birth injury or medical malpractice case is to secure your medical records. This is an important and often overlooked step in the process by the public. Without medical records a proper review of the case cannot be done. Above I mentioned the importance of medical experts. The reason that I noted the importance of these experts is because the medical experts will use the records, among other things, as the basis of their opinions.

So, if you have any inkling that you may pursue a birth injury or medical malpractice case in the future it may not be a bad idea to request your medical records. Finally, a quick pro-tip, when requesting medical records for a birth injury be sure to request:

• Mother’s records • Baby’s records • Fetal heart strips

All these bulleted records are essential when reviewing a birth injury case.


If you are reading this article because your baby has been diagnosed with cerebral palsy, and you are wondering about the first steps in a birth injury or medical malpractice case, this is what I invite you to do. Call me at 301-850-4832.

I talk with families regarding birth injuries dealing with the brain, cerebral palsy, and other types of injuries all the time and I would be happy to listen to what happened with you and your baby.

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

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