Negligent conduct is not enough to ensure a successful birth injury case. A doctor, a nurse, or a hospital may commit an awful, avoidable, and obvious error, but that alone is not enough. There must also be, among other things, “causation.”
With this in mind, a Maryland attorney might ask himself the following question: Can I prove that the defendant’s negligence was a substantial factor, rather than a remote factor, in causing the injury or harm?
Even when negligence can be shown, if it was not a substantial factor in bringing about the injury, there is not a strong case. For example, parents may tragically lose their newborn. They may think that their loss was caused by the hospital’s negligence. They may point to the hospital’s error of failing to comply with its own policy that required a neonatologist at all c-section births. However, if there is no showing that the newborn died as a result of the neonatologist’s absence, the case will not be successful. The hospital’s lawyers will certainly argue that the absence of the neonatologist was not a substantial factor in the newborn’s death.
If you or your child suffered a birth injury due to negligent medical care, you may have questions about legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at email@example.com.