LEGAL GUIDE
Written by attorney Marcus Bazzell Boston

Genetics And An HIE Birth Injury Case

Genetics and an HIE birth injury is an important topic for families looking to understand the cause of their baby’s diagnosis. This issue can not only have medial significance, but also legal, from a medical legal prospective. Understanding the importance of genetics and whether this is truly the cause of a baby’s HIE diagnosis can help families make the best decision for their situation.

In this educational article we will cover how genetics can be used if a family is looking to move forward with a medical malpractice case. One of the main positions that a plaintiff takes when moving forward with a birth injury case is that the cause of their baby’s brain injury is due to the actions, or in-action, of the medical professionals associated with the claim.

How Birth Injury Cases Are Set Up…

Before discussing genetics and an HIE birth injury, it is important for parents to understand what must be proven to be successful in these types of cases. Since a birth injury case is a type of negligence case, it must fall within the rules of negligence law. One of the key elements of negligence law that is usually hotly contested in birth injury cases is the element of causation.

For a plaintiff (the person bringing the lawsuit), causation in a case with an HIE diagnosis, means that the cause of the traumatic brain injury was caused by the medical professionals. This is important to understand because if the plaintiff cannot establish causation, the case will fail. During a birth injury investigation causation is something that birth injury attorneys are paying close attention to because of legal requirements.

Genetics And An HIE Birth Injury Case Keeping in mind what I explained above, genetics go straight to the element of causation. This is because one of the defenses that is usually raised is that the medical professionals did not cause the injury. They will look to find something else as the cause of the HIE diagnosis. From genetics, to developmental issues, to a possible stroke in utero, and more, these things go to the element of causation and provide a defense to the plaintiff’s claim.

While it is true that genetic issues can impact a baby’s development, these genetic issues need to be true genetic issues and not seen as a possible “defense” to a claim. For example, one family contacted us a few years ago in which they were told that “genetics” was the cause of their baby’s injury. However, when the family began to do their homework regarding this condition it was discovered that their child did not meet the markers for the diagnosis.

If your baby has an HIE diagnosis since birth and you have questions, what I invite you to do is to pick up the phone and call me. I speak with families all the time about these issues, and I will be happy to listen to your baby’s story. My contact information can be found below.

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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