I dont know what to do. i just moved to Maryland i i dont know anyone here so im not sure about what do to in this situation. what kind of lawyer would i get? has anyone been in this situation before??
2007-01-04 17:28:44 · 7 answers · asked by DaNeCoOk Is HiLaRiOuS 4 in Pregnancy & Parenting ➔ Newborn & Baby
Go see a medical malpractice attorney. Some will be defense oriented and some plaintiff oriented. Some attorneys will do both. Some will want to take your case and others won't. Don't take it personally if one doesn't want your case. They all have reasons.
Whatever you do, don't do this in pro per (representing yourself) Before I went into another field of law, I used to while away the hours writing easy motions that would destroy the cases of medical malpractice plaintiffs who represented themselves, because the plaintiffs had no idea what they were doing.
One should also note that just because the child was hurt doesn't mean that the doctor was practicing below the standard of care. I don't know (as I wasn't there), but it may have been that no one could have delivered the baby without breaking the baby's arm from a medical point of view. Sometimes procedures don't turn out the way the patient wanted them to, but every procedure has a risk. A doctor cannot guarantee a procedure with no side effects and a delivery is one of those procedures that have a lot of things that can go wrong.
That being said, call attorneys who specialize in medical malpractice and see what they think. See at least a 2 or 3. You should be able to consult the yellow pages to find a few. Additionally, you should not be afraid to ask questions like how many med malpractice cases has the attorney handled. How many of this type of case? I have always wondered why no one ever asked me how many cases I've handled. I guess people think it's rude.
One should also note that the amount of money you may end up getting might be much less than you think. It all depends on the case. Consult a lawyer who is experienced in this area of the law in the geographical area where this occurred.
2007-01-04 18:19:13 · answer #1 · answered by Erik B 3 · 1⤊ 0⤋
You can always sue. You can get any run of the mill lawyer, who will probably take your case. Doctors have tons of insurance, so most lawyers will jump on a case like that. If you are interested in finding a lawyer, the Maryland Bar Association's webpage can offer referrals.
I think, more important than that, is asking yourself, should I? I understand that you are hurt, but do not sue to sue. Be sure, before you go through this long and VERY exhausting project, that the doctor's actions are deserving. This should not be you just taking advantage of an opportunity. Sue a person because you have been drastically wronged through negligence that could have been prevented. You will have to use your best judgment, but don't contribute to the typical American culture of quick cash if you do not absolutely have to. It's a hard situation for everyone involved, including you. That's time taken away from your new child.
2007-01-05 01:34:39 · answer #2 · answered by Lauren 3 · 0⤊ 0⤋
Sometimes things happen during birth that no one can control. I am truly sorry for this, but it may be a hard one to prove. Was the delivery videotaped? If so, you may have a better case. Prepare to spend a lot on a lawyer with possibly no good result. If the injury is very serious, I would do this. If not, let it go and use a different doctor next time.
2007-01-05 03:37:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
i have not been in the situation but 2 couples at my church have. For one couple the doctor is letting the child's arm grow correctly (they say the bone should develop correctly) for the other it was too late, the child's are is broken. The only thing the hospital offered was to break the child's arm and put it back in place. I'm guessing they don't believe in sueing. If you want to know more about the legal aspects of your situation you should infact talk to your lawyer, if not, talk to a specialist about your child's arm to see what can be done before it is too late.
2007-01-05 01:35:48 · answer #4 · answered by iSing. iLove [you]. 3 · 0⤊ 0⤋
Hey there, Im not sure on this one, Like others here have siad be sure that you makeing a good desion to sue docters. Its a long costly process.
Sorry your baby got hurt during birth. Something like tha should never had happend. Perhaps baby was a risk? Im not sure what full story is, but im deeply sorry.
Think about what to do.. Is it realy worth it, if you child is going to be fine in long run?
2007-01-05 04:25:39 · answer #5 · answered by bladetroubles 2 · 0⤊ 0⤋
sounds like a good case, i'm sure if you had the right informaiton, and lots of people to back you up, there would be lots of lawyers who would love to take on your case. talk to a lawer that does medical malpractice
2007-01-05 01:32:36 · answer #6 · answered by superyduperymommy 5 · 0⤊ 2⤋
definetly. see what you can do atleast, it's worth it.
2007-01-05 01:53:13 · answer #7 · answered by Ezz 3 · 0⤊ 0⤋