LEGAL GUIDE
Written by attorney Marcus Bazzell Boston | May 22, 2019

When Medical Malpractice Causes A Birth Injury…

When medial malpractice causes a birth injury. Or to explain the question another way, how do you prove that your baby’s injury at birth was due to medical malpractice? Because there can be confusion around this issue not only from the birth injury side, but from a general medical malpractice standpoint, I have decided to help you understand how we prove these cases. Understanding the process can go a long way in helping you make the best decision for your family.

Before moving further, I want to make sure that you understand that a bad result will not automatically mean that medical malpractice took place. This is sometimes a misunderstood statement, but at the conclusion of this article and supporting video, I am sure you will be able to see why this is the case.

WHY MOTHERS AND FAMILIES REACH OUT TO US…

Once a baby is born, and the doctors and nurses reveal to parents that “complications” or other issues have arisen, this can be devastating for families. Much of this is because there can be so much unknown about what to do next. To compound matters further, in some cases, the doctors and nurses provide little information as to what has caused these problems in the baby and what might be the long-term challenges.

When families realize that a birth injury has occurred one of the main things which lead them to contact our office is needing help with the challenges that their baby will deal with into the future. If you think about it, medical care and treatment in the United States can be quite expensive. In addition, when some parents begin to contemplate the life their baby will face as the baby gets older and the parents get older, concern grows. These issues, and more, often lead to parents picking up the phone and moving to hold the people responsible for their child’s injury accountable.

WHEN MEDICAL MALPRACTICE CAUSES A BIRTH INJURY…

To truly understand when medical malpractice causes a birth injury you must have a foundation as to how to prove medical malpractice in Maryland. Medical malpractice is covered under the law of negligence. Negligence in Maryland has four basic elements. Those elements are:

• DUTY • BREACH OF DUTY • CAUSATION • DAMAGES

Within the analysis of the above framework is the issue of the standard of care. What I mean is that you must prove that the treating doctor fell below the standard of care owed to you and/or the baby, causing the damages, or the harm/injury done. If you cannot prove these elements, your medical malpractice case will fail. This issue of the standard of care, and subsequent analysis is done with medical experts. You must have medical experts who will render an opinion as to a deviation from the standard of care, which caused the injury/harm.

With the above stated, you should be able to see how a bad result does not automatically mean that medical malpractice happened from a legal standpoint. A bad result can happen even when the doctor does everything within the standard of care.

DO YOU NEED ME TO REVIEW WHAT HAPPENED TO YOUR BABY?

If your baby has suffered a birth related injury and you are wondering when medical malpractice causes a birth injury, 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 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 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

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