NOTE: Our law firm does not handle medical malpractice cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.
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What Caused My Child’s Birth Injury?
Birth injuries can happen for any number of reasons. In general, a birth injury is a type of injury that occurs during pregnancy, or during the labor and delivery process.
Often, birth injuries happen because a doctor, nurse, or medical professional was careless.
Common causes of birth injuries in Baltimore include:
- Failure to monitor the mother and fetus during labor and delivery
- Failure to perform a C-Section when called for
- Improper use of forceps, vacuum extractors, and other delivery tools
- Miscommunication between medical staff
- Oxygen deprivation
- Uterine rupture
- Failure to diagnose a prolapsed umbilical cord
- Medication errors
- Untreated infections
- Failure to take a proper patient history
Doctors have a wide range of tools that they can use to keep mother and baby safe. When they fail to provide the required level of care, they can be held accountable for medical negligence.
Common Forms of Birth Injuries
Complications that arise during pregnancy or childbirth can be serious. Your doctor is trained to respond to these types of complications.
They’re also trained to be on the lookout for any danger signals and take appropriate action as soon as possible.
Some of the most common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Hypoxia (oxygen deprivation, which can lead to brain damage)
- Shoulder dystocia
- Hemorrhaging
- Brain injuries
- Facial paralysis
- Brachial plexus injuries
- Perinatal asphyxia
- Broken bones
- Spinal cord injuries
- Spinal bifida
- Wrongful death of the mother or baby
Child injuries can be particularly devastating. They can strip your child of a normal, healthy childhood–and more serious injuries can follow your child into adulthood. When you’re faced with the possibility of years, if not decades, of expensive care, it’s important to have a strong medical malpractice attorney by your side.
How Can a Lawyer Establish Negligence in a Birth Injury Case?
To recover financial compensation, it’s not enough to show that your child was hurt. You also have to prove that someone else’s negligence caused the injuries. In other words, you have to prove that someone committed medical malpractice.
Medical malpractice happens when a medical provider fails to provide a competent level of care. Determining what constitutes “competent care” can be complex. The medical standard of care can vary depending upon the circumstances.
Who Can Be Held Liable For Birth Injuries in Baltimore, MD?
All careless parties whose actions caused the injury can be held accountable.
In Maryland, commonly named defendants in birth injury cases include:
- Primary care physicians
- Obstetricians
- OBGYNs
- Surgeons
- Nurses
- Anesthesiologists
- Administrative staff
- Medical clinics
- Hospitals
Statute of Limitations in Baltimore Birth Injury Cases
The statute of limitations for filing a medical malpractice lawsuit in Maryland is typically five years. However, exceptions may apply. If the injury isn’t discovered right away, you have three years to sue for damages even if the initial five-year period has already expired. The three-year clock starts running on the date of diagnosis.
Birth Injury Damages
Serious birth injuries can impact your child’s entire life. Lifelong care expenses can take an unimaginable financial and emotional toll on your family.
You deserve fair compensation to hold all negligent parties accountable.
In Baltimore, birth injury victims may be entitled to demand compensation for:
- Medical bills
- Future medical expenses
- Lost future earning potential
- Physical therapy
- Rehabilitative care
- Long-term care
- Disfigurement and scarring
- Emotional distress
- Pain and suffering
- Anxiety and depression
- Loss of a healthy childhood
- Diminished quality of life
- Damages for wrongful death
Maryland law does cap the level of non-economic damages that can be recovered in a medical malpractice lawsuit. Non-economic damages include things like pain and suffering, PTSD, anxiety, and depression. The cap for 2021 is $845,000–and the number increases by $15,000 every year.
On the other hand, you can recover an unlimited amount of economic damages. Economic damages reimburse you for your past and future out-of-pocket costs.
If you believe you have a medical malpractice claim, call us. We can refer you to a lawyer who handles these cases.