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Elements that help prove Maryland liability for birth injuries

Birth injuries can be disastrous and devastating for the Maryland family of a newborn infant. In some cases, birth injuries are caused by the medical negligence of the attending doctor or other medical practitioners involved in the delivery of the baby. These are especially egregious cases of negligence because these doctors are in charge of delivering the newborn and are specially trained for many years.

Those doctors have a great responsibility toward patients. Moreover, any injury that the mother and the infant suffers due to the doctor's carelessness can lead to a medical malpractice lawsuit. This lawsuit is generally initiated by the mother who may seek assistance from a personal injury attorney.

The burden of proof in a birth injury lawsuit, much like any other medical malpractice lawsuit, lies on the plaintiff and the plaintiff's attorneys. Various expert testimonies are used by the plaintiff's attorneys to establish medical negligence in a birth injury lawsuit. Nonetheless, to establish medical negligence, the injury must be distinguished from any congenital birth defect that occurred.

The plaintiff's attorneys need to prove that the injury to the baby was due to a negligent act or omission by the attending doctor or medical practitioner. It must be proved that any other doctor in a similar situation would have reasonably followed a different course of treatment that would have normally been done. Additionally, it must be proven that the birth injury was a result of the attending doctor digressing from the usual course of treatment while delivering the child.

Source: FindLaw.com, "Birth injury overview," accessed on July 10, 2015

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