Nothing is more joyous than the birth of a baby. However, childbirth is often dangerous. Even though babies are born every day, issues can happen. If the baby is born early or is too big, it may cause complications. Also, lengthy labor, fetal distress, or an abnormal fetal position can lead to problems for the mother and the child.
While some of these issues are outside a doctor’s control, some birth injuries are caused by the negligence of a medical professional. Poor monitoring and refusal to order a C-section would be examples.
If your doctor was negligent during childbirth, your baby could be harmed. They may suffer long-term injuries. A Baltimore birth injury lawyer at Furman | Honick Law can help you seek the compensation you need to pay for medical bills and other damages.
What are the Common Causes of Birth Injuries?
Birth injuries may be caused by:
- Delayed birth. This is one of the most common causes of birth injuries. A delayed birth is one in which labor lasts more than 18 hours. Doctors need to act quickly. Labor causes pressure on the infant’s brain, which can lead to high blood pressure, strokes, and other cardiovascular issues.
- Misuse of birthing tools. Many doctors use forceps and vacuum extractors to help with the birthing process. However, some doctors do not use these tools properly. They may use too much force, causing head injuries and even cerebral palsy.
- Oxygen deprivation. A prolapsed umbilical cord, uterine rupture, or other delivery complications can cause brain damage.
- Viral and bacterial infections in the mother or infant may cause complications resulting in birth injuries.
Types of Birth Injuries Our Legal Team Handles
Common birth injuries include:
- Cerebral palsy. Cerebral palsy affects the brain’s control over muscles and the nervous system. It affects different body areas and can cause additional health complications over time. There is no cure, although therapy, medication, and surgery can improve the child’s quality of life.
- Erb’s palsy. Erb’s palsy is an injury to the brachial plexus, a network of nerves that sends signals from the spinal cord to the shoulders, arms, and hands. This is often caused by pulling on the child during a difficult delivery.
- Newborn cephalohematoma. This refers to a buildup of ruptured blood vessels in the tissue around the skull. If left untreated, hematomas can cause disability or even death.
- Spinal cord injury. Spinal cord injuries are often caused by improper use of forceps or vacuum extractors. They affect the nerve connections between the brain and the rest of the body. The injuries range from mild bruising to spinal tears.
What Types of Compensation Can Be Pursued in a Baltimore Birth Injury Case?
In a Baltimore birth injury case, families may seek various forms of compensation to address the significant impact that birth injuries have on their lives.
The financial and emotional toll of a serious birth injury, whether caused by medical malpractice or preventable errors during the birth process, is extensive.
Here’s a breakdown of the compensation a birth injury lawyer pursues:
- Medical Expenses – Compensation may cover the immediate medical expenses related to the birth injury, such as hospital bills, surgeries, medications, and follow-up care.
- Future Medical Needs – Many birth injuries, including those caused by negligent behavior or medical mistakes, involve ongoing medical needs. Future costs include therapy, assistive equipment, and treatments for conditions.
- Rehabilitation and Therapy – Rehabilitation is often critical for a child’s recovery and development, especially in physical injuries.
- Educational and Special Needs Support – Children who have suffered severe birth injuries may require specialized educational support, including tutoring and special programs, to meet developmental milestones. Compensation in a birth injury lawsuit addresses these needs, giving the child the best chance for growth and learning.
- Lost Wages and Loss of Earning Capacity – Parents may need to reduce work hours or leave their jobs to care for a child’s injury. Lost wages and reduced future earning capacity impose a significant financial burden.
- Pain and Suffering – Birth injuries caused by medical malpractice often lead to emotional distress and a diminished quality of life for both the child and family.
- Home Modifications and Assistive Equipment – Serious birth injuries, especially those involving spinal cord injuries or severe physical complications, may necessitate modifications to the family’s home or specialized assistive equipment.
Financial Impact of Birth Injuries
Birth injuries transform a family's financial landscape overnight. When medical professionals make mistakes during the birthing process, the resulting injuries can create substantial medical expenses that often stretch across decades.
Maryland birth injury laws protect families facing mounting medical bills from doctor negligence. Many birth injuries - including brachial plexus injuries, spinal cord injuries, and brain damage - require extensive early intervention.
Families frequently discover their insurance company refuses coverage for essential therapies or places strict limits on treatment options.
Birthing process complications can affect both the mother and child, leading to complications that demand specialized care. Physical injuries may require multiple surgeries, while conditions like Erb's palsy or cerebral palsy need ongoing therapy.
Hospital employees and the medical team must follow strict protocols during strenuous or prolonged labor. When doctors fail to meet these standards, they create a significant risk of preventable birth injuries.
Medical malpractice insurance companies often undervalue birth injury claims. They might offer quick settlements that fail to address the full scope of a child's injuries.
The financial burden extends beyond immediate medical expenses. Lost wages from caring for an injured child, necessary home modifications, and ongoing therapy sessions create substantial costs.
A proper medical malpractice claim must account for current and future expenses, including:
- Specialized medical equipment
- Therapy and rehabilitation services
- Educational support programs
- Personal care assistance
- Future medical procedures
A free consultation with our Maryland birth injury attorneys helps families understand their rights when serious birth injuries occur during the delivery process.
Why You Need a Lawyer for a Birth Injury Situation
Birth injuries have devastating and long-lasting impacts on both a child and their family. When a birth injury occurs, families face complex medical and financial challenges, which are devastating to navigate alone.
Here’s why working with an experienced birth injury lawyer makes a significant difference:
Understanding Medical Malpractice
Birth injury cases often stem from medical malpractice, which involves proving that a medical professional's negligence directly contributed to the injury.
A skilled birth injury lawyer understands the complexities of medical malpractice law, including the standards of care that medical professionals must follow. They work with medical experts to determine if negligence occurred and, if so, build a compelling case.
Evaluating the Full Scope of Damages
The financial toll of a birth injury extends far beyond initial medical bills. Families may face lifelong costs, including therapy, specialized equipment, educational needs, home modifications, and personal care.
A lawyer guarantees all present and future expenses are considered, advocating for compensation that reflects the injury's true impact on your family.
Navigating Insurance Company Negotiations
Insurance companies often undervalue birth injury claims, offering settlements that fall short of covering long-term needs. A tenacious birth injury attorney will keep fighting until the insurer offers a fair settlement. If settlement is not possible, your legal team should be prepared to file an injury lawsuit and take your claim to trial, where they can ask a judge or jury for full compensation.
Managing the Legal Process
A compassionate birth injury lawyer will handle every step of the legal process, from gathering evidence and filing documents to representing you in court if necessary.
This allows you to focus on caring for your child, knowing your case is in capable hands.
Providing Support and Guidance
Birth injury cases are emotionally challenging, and having a compassionate, knowledgeable advocate by your side is a source of comfort.
A birth injury lawyer helps you understand your rights, explains legal options, and keeps you informed. They work to hold responsible parties accountable, fighting for justice for your child’s injury.
Working with a birth injury lawyer maximizes your chances of receiving the compensation you need to support your child’s medical needs, protect your family’s future, and hold negligent medical professionals accountable.
Contact Furman | Honick Law Today
If a doctor’s negligence harmed your baby, you may be dealing with a lot of expenses. Seek adequate compensation with help from the experienced Baltimore personal injury lawyers at Furman | Honick Law. Schedule a free consultation by calling (410) 844-6000 or completing our online form.
Frequently Asked Questions (FAQ)
What is a birth injury, and how does it differ from a birth defect?
A birth injury is a physical injury or trauma that occurs to a baby during the birthing process, often due to complications like difficult or prolonged labor, improper use of medical equipment, or medical negligence by medical professionals.
This differs from a birth defect, which is a condition that develops during pregnancy and is present at birth, often due to genetic or environmental factors.
What are the common causes of birth injuries in Baltimore?
Common causes of birth injuries include medical malpractice, such as doctors failing to respond to fetal distress or not performing a necessary C-section.
What types of birth injuries result from medical negligence?
Medical negligence can lead to serious birth injuries such as cerebral palsy, brachial plexus injuries (including Erb's palsy), spinal cord injuries, and brain damage.
These injuries cause long-term or permanent disabilities, requiring extensive medical care and resulting in significant financial burdens for families.
How can birth injuries affect a family financially?
The financial impact of a birth injury can be devastating. Families face substantial medical expenses for immediate treatment and ongoing care, including therapy, rehabilitation, and specialized equipment.
Lost wages may occur if a parent needs to provide full-time care. The financial burden adds to the emotional distress, making fair compensation essential.
What compensation is available in a birth injury case in Baltimore?
In a Baltimore birth injury case, you may recover damages for medical expenses, ongoing therapy, future medical procedures, specialized equipment, personal care assistance, and emotional distress.
Compensation may also cover lost wages and, in tragic cases, damages related to wrongful death. Each case is unique, and a birth injury lawyer can explain the fair compensation you may receive.
How can a Baltimore birth injury lawyer help with my case?
An experienced Baltimore birth injury lawyer guides you through the legal process of filing a medical malpractice claim.
They investigate medical records, consult with medical experts, and identify instances where medical negligence caused your child's injury. They advocate on your behalf to recover damages and hold the responsible medical professionals accountable.
What should I do if I suspect my child's birth injury was due to medical malpractice?
If you believe your child suffered a birth injury due to medical mistakes or negligence, it's crucial to contact a birth injury attorney promptly.
They can assess your case, help gather necessary evidence, and explain the best course of action to pursue a birth injury lawsuit.
How long do I have to file a birth injury lawsuit in Maryland?
In Maryland, the statute of limitations for medical malpractice cases, including birth injury claims, is generally three years from the date of the injury or when it was discovered.
Delays can affect your ability to recover damages, so it's essential to consult a Baltimore birth injury attorney as soon as possible.
How much does it cost to hire a Baltimore birth injury lawyer?
Furman | Honick Law handles birth injury cases on a contingency fee basis, meaning you only pay our fees if we successfully recover compensation for you.
This approach allows you to pursue justice without worrying about upfront legal fees.
How can I schedule a free consultation with Furman | Honick Law?
If your child has suffered a birth injury, contact Furman | Honick Law for a free consultation with an experienced Baltimore birth injury lawyer. Call us at (410) 844-6000 or fill out the online contact form to discuss your case and explore your legal options.