Published by Arfaa Law Group
Maryland law sets stringent requirements for proving causation in birth injury cases, including standards governing the admissibility of expert testimony. In cases where expert opinions are deemed unreliable or lack a sound basis, courts may exclude such testimony, thereby precluding claims from proceeding. A recent Maryland case involving a birth injury highlights the necessity of presenting scientifically validated expert opinions when alleging medical negligence. If you believe your child’s injury resulted from medical negligence, you should consult with an experienced Maryland medical malpractice attorney who can clarify your legal rights.
Case Setting
It is alleged that the plaintiffs, the parents of a child born prematurely, filed a medical malpractice lawsuit against the defendant hospital, asserting that negligent prenatal care and delayed delivery led to their child’s severe brain injuries and subsequent diagnosis of spastic diplegic cerebral palsy. Reportedly, the mother initially presented at the hospital with decreased fetal movement at around 29 weeks of pregnancy. It is alleged that after several days of monitoring, the defendant’s doctors discharged her, citing normal fetal heart rate patterns.
It is reported that two days later, the mother returned to the hospital, again presenting with decreased fetal movement. This time, testing reportedly revealed signs of preeclampsia, prompting the medical staff to admit her for further observation. Allegedly, despite evidence of fetal distress, including abnormal fetal heart rate tracings, the hospital did not proceed with an emergency Cesarean section until later the following morning. It is reported that the baby was born in a distressed state, with low Apgar scores and acidemia, leading to a subsequent diagnosis of spastic diplegic cerebral palsy.
Allegedly, the plaintiffs designated two causation experts to support their claim that the hospital’s delay in performing the Cesarean section caused the baby’s neurological injuries. However, the defendant filed a motion to exclude the plaintiffs’ causation experts, arguing that their opinions lacked a scientifically reliable foundation. The court granted the motion, excluding the experts’ testimony and subsequently awarding summary judgment in favor of the defendant.
Grounds for Admitting Expert Testimony
On appeal, the court evaluated whether the circuit court properly excluded the plaintiffs’ causation experts under the state’s standards governing expert testimony. The court emphasized that Maryland Rule 5-702 requires expert testimony to have a sufficient factual basis and to be reliable under the Daubert standard, which Maryland adopted. This standard evaluates multiple factors, including whether a theory has been peer-reviewed, has known error rates, and is generally accepted in the relevant scientific community.
In its analysis, the court found that the plaintiffs’ causation experts had failed to provide reliable support for their opinions. The experts reportedly acknowledged that individual markers, such as fetal heart rate patterns and acidemia, lacked predictive value for neurological injury when considered independently. Nevertheless, they claimed that these markers, viewed collectively, indicated a causal relationship between the delayed delivery and the baby’s injuries. The court concluded that this “cumulative approach” lacked scientific validation, and it deemed the experts’ conclusions speculative. Citing the “analytical gap” between the data and the conclusions drawn, the court upheld the exclusion of the experts’ testimony.
The court further noted that the plaintiffs’ experts had not sufficiently accounted for alternative explanations for the child’s injuries, including the high likelihood of complications due to prematurity alone. The court held that without reliable expert testimony to establish causation, the plaintiffs could not proceed with their claims. Consequently, it affirmed the court’s decision to grant summary judgment in favor of the defendant.
Confer with an Experienced Maryland Medical Malpractice Lawyer
If you believe that a healthcare provider’s negligence contributed to your child’s injuries, it is essential to understand the evidentiary requirements for establishing causation in Maryland. The capable Baltimore medical malpractice lawyers at Arfaa Law Group can help you evaluate your case and pursue the best possible outcome. To arrange a consultation, please contact us through our online form or call (410) 889-1850.