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.
When your child suffers a birth injury, the path ahead can feel overwhelming. You deserve an advocate ready to fight for your child’s future and hold the negligent parties responsible.
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What Are Birth Injuries?
A birth injury is physical harm or trauma a newborn suffers before, during, or shortly after delivery. Birth injuries may be minor or result in lifelong disabilities. They may be the result of difficult labor, complications, or inadequate medical care.
Many birth injuries are preventable when doctors, nurses, and other providers provide the accepted standard of care. When they fail to do so, families may have the right to seek compensation for their child’s injuries.
What Are the Most Common Types of Birth Injuries?
The most common types of birth trauma include:
- Cerebral palsy, a condition caused by brain damage, often from lack of oxygen during labor or birth
- Erb’s palsy and Klumpke’s palsy, which are caused by brachial plexus nerve damage. They may be a complication of shoulder dystocia.
- Facial nerve injuries, usually caused by the use of forceps
- Hypoxic-ischemic encephalopathy (HIE), a serious brain injury from oxygen deprivation
- Intracranial and extracranial hemorrhage, which come in many forms, are most common with assisted vaginal delivery
- Fractures, particularly broken collarbones, sometimes caused by improper delivery techniques
- Soft tissue injuries, which range from bruising to accidental lacerations during a C-section
Birth injuries affect thousands of families each year, and many are preventable with proper medical care. When these injuries occur due to preventable medical mistakes, families may be entitled to compensation.
How Do Birth Injuries Happen in Maryland?
Many birth injuries in Maryland happen when medical professionals fail to provide the standard of care that’s expected during pregnancy, labor, or delivery.
- Failure to perform a timely C-section
- Failure to diagnose maternal conditions like preeclampsia
- Failure to recognize and respond to fetal distress
- Inadequate prenatal monitoring. This may allow placenta and umbilical cord issues like cord prolapse to go unnoticed.
- Failure to order necessary tests
- Improper use of assistive devices like vacuums and forceps
When healthcare providers make preventable mistakes, the consequences can be life-changing for the mother and the child. Families may have a right to seek accountability when their child’s injuries were caused by negligence.
What’s My Maryland Birth Injury Case Worth?
Determining what your Maryland birth injury case is worth requires a careful review of the details of your case, including your child’s injuries and future needs.
The value of your case may depend on important factors like:
- The type and nature of the injury
- The circumstances of the injury and the provider’s actions
- Impact on your child’s daily life
- Whether your child will suffer long-term impairment or disability
- Your child’s future educational and medical needs
- The strength of evidence proving negligence
These cases can involve significant lifelong costs. It’s important to work with an attorney who can properly value your case.
What Damages Can Be Recovered in a Birth Injury Lawsuit in Maryland?
An injury lawsuit can help families recover damages to address the physical, emotional, and financial impact of an injury.
Economic damages cover your child’s current and future medical expenses, therapy, and rehab. When a child’s ability to earn a living in the future is affected, loss of earning potential can also be included. Non-economic damages compensate for physical and emotional pain and suffering and diminished quality of life.
In some cases, families can also recover for lost income if a parent must stop working to provide care. The goal of a birth injury lawsuit is to give your child and family the resources needed to move forward. Damages are meant to ease the financial burden and help your child live as full a life as possible.
What Is the Deadline to File a Medical Malpractice Lawsuit in Maryland?
Maryland law sets strict deadlines for filing a medical malpractice lawsuit for a birth injury. The statute of limitations for medical malpractice is typically five years from the date of the medical error, or three years from when the injury was discovered, whichever comes first.
If you suspect you or your child was injured due to malpractice, it’s important to speak with a lawyer as soon as possible. These cases are complex and require time to investigate and collect evidence. The longer you wait, the harder it may be to build a strong case. If you miss the deadline for your case, you will not be entitled to any damages.
The case results described on this website are specific to the facts and legal circumstances of each individual matter and should not be taken as a representation, promise, or guarantee that you will achieve a similar result. Prior results do not guarantee or predict a similar outcome in any future case. Every case is different and must be evaluated on its own merits. The amounts shown reflect gross recoveries before the deduction of attorneys’ fees, costs, and expenses. This website is attorney advertising.
If you believe you have a medical malpractice claim, call us. We can refer you to a lawyer who handles these cases.