Trusted Baltimore Birth Injury Lawyers
Newborn babies and their mothers are particularly vulnerable during both the pregnancy and the birth process. This is an anxious yet happy time for any parent awaiting the family’s newest member. Unfortunately, pregnancy and childbirth do not always go smoothly.
When the medical provider, who was responsible for looking after the mother and her newborn baby, acts without due care and attention, the results can be catastrophic. Newborn babies and their mothers may suffer from preventable birth injuries that affect them for the rest of their lives. Most of these cases arise from medical malpractice involving the providers’ negligent behavior.
In Baltimore, the rules are the same as in every hospital across the state of Maryland. If you or your child has been the victim of medical malpractice, you are entitled to pursue compensation and the recovery of the damages you have suffered.
Peter Angelos Law – Justice For You and Your Newborn Baby
At Peter Angelos Law, we believe that all victims of medical malpractice and substandard behavior deserve the chance to seek justice and compensation for their injuries, regardless of their financial situation.
To do this, our Maryland birth injury attorney offers a free consultation and free case evaluation to all potential new clients. This allows us to look at your case, answer any questions, and advise you on the right course of action. We will tell you if your case is a valid one that we are willing to take on, and then you can decide on your next move. There are no strings attached, and if you decide to walk away at this point, you will have more knowledge than before.
Another part of our goal to provide accessible representation to all victims is through our fee structure. We work on what is called a contingency-fee-basis, also commonly known as no-win-no-fee. This means it costs nothing to retain us up-front, and you pay us nothing if we lose your case. As discussed in our initial consultation, we simply take a flat percentage fee from your settlement if we recover damages.
Our dedicated birth injury lawyers in Maryland are committed to advocating for your rights and recovering the compensation you deserve. We understand the challenges you may be facing, and we are prepared to do whatever it takes to help you navigate the legal process and seek justice. To discuss your case further and explore your options, call us today at 410-705-2405 to schedule your free initial consultation. Your well-being is our priority, and we are here to support you every step of the way.
Understanding Birth Injuries in Maryland
Birth injuries, unfortunately, occur in approximately 7 in 1,000 births in Maryland. These injuries can have lasting physical consequences for both the mother and child. A birth injury can be a result of various factors, such as medical malpractice, substandard behavior, or errors during prenatal care, labor, and delivery. As healthcare providers have a responsibility to adhere to a reasonably accepted standard of care, preventable birth injuries may occur when they fail to meet these standards.
An experienced birth injury attorney can help you understand the common causes of birth injuries and guide you through the legal process to hold those responsible accountable. Peter Angelos Law can safeguard the compensation interests of affected families, particularly when negotiating with medical malpractice insurance companies.
Common Birth Injuries Caused By Substandard Behavior
Peter Angelos Law has successfully represented Maryland clients in a wide range of medical malpractice cases, including cases involving birth injuries. A “birth injury” is any injury that occurs before or during childbirth and negatively affects the mother and/or her child. Some birth injuries may heal in time while others cause permanent harm. Unfortunately, some infants who suffer birth injuries may require lifelong, in-home medical treatment to manage their conditions.
As Baltimore birth injury lawyers, we have dealt with most forms of birth injury. Some of them are more common than others. Most of these injuries fall into two categories:
This type of error occurs because of a lack of fetal monitoring during pregnancy. If the fetus has problems, and the doctor diagnoses the wrong condition or fails to diagnose a condition at all, this is a lack of due care and attention.
A common example may be that the fetus has a condition such as Down Syndrome or Cystic Fibrosis. Often in these cases, one of the parents is a carrier of a disease, and it is down to the doctors involved to carry out the tests necessary and inform the parents so that they can take the appropriate measures,
Labor and Delivery Error
Labor and delivery errors occur during the birth process. These injuries occur when the doctors fail to adhere to the medical practices or act without due care and attention during the critical stages of birth.
The most common birth injuries include:
- Cerebral Palsy: Cerebral palsy occurs when a newborn baby lacks oxygen to the brain during either birth or during pregnancy. Cerebral palsy can happen for unexplained reasons, but in some cases, it happens due to medical malpractice.
- Brachial Plexus Palsy: When a doctor or midwife improperly delivers a newborn baby, the newborn baby can suffer from brachial plexus palsy. This happens when there is damage to the nerves that carry messages to the arms and hands of the brain. These nerves are called the brachial plexus. The result of this is that the newborn baby may have a loss of function in their shoulders, arms, or hands. Some brachial plexus injuries result in Erb’s palsy, a condition characterized by slowed muscle growth in the affected arm. Other brachial plexus injuries are more severe and may result in nerve damage and/or paralysis.
- Cephalohematoma: This is a condition that occurs when blood vessels are ruptured in the scalp during birth. They are often harmless, but if left undiagnosed, they can trigger other complications that could harm the newborn baby. Blood pools under the skull; if left untreated, it may calcify, causing deformity and requiring surgical intervention.
- Horner’s Syndrome: Horner’s syndrome is the name for a type of damage to the nerves that connect the eyes to the brain. During childbirth, if the providers are not careful, the newborn can suffer trauma to the face, which leads to nerve damage. There is little to no treatment for this, and if the nerve doesn’t heal, it can lead to permanent facial nerve damage.
- Injuries from Surgical Instruments: Medical staff assisting in childbirth procedures should avoid using surgical instruments whenever possible. However, some situations may call for the use of extraction devices. When doctors use these tools inappropriately, the infant can suffer traumatic injuries, some of which may carry permanent effects.
- Improper use of Vacuums: If the pregnant mother struggles to give birth naturally, physicians may decide to use an extraction vacuum to deliver the newborn baby. This decision needs to be made carefully, as there is a risk of several conditions and injuries. Conditions like caput succedaneum, which occurs when the vacuum causes swelling or bruising of the scalp, can lead to jaundice and other issues that will require the newborn baby to need immediate treatment and may lead to potential long-term issues like brain damage.
- Fractures: Broken bones are one of the more common types of injury, and many of them can be preventable, especially if the doctor had other choices, such as turning the newborn baby or converting to a c-section promptly.
- Spinal Injuries: One of the most serious and life-changing injuries that can happen to a newborn baby is damage to the spinal cord. Spinal cord injuries can lead to lifelong paralysis as the messages that are sent down the spine are interrupted.
- Injuries from Failure to Monitor: The staff handling the childbirth procedure must constantly monitor the vital signs of both the mother and her child. Failure to do so may mean one or both could face life-threatening complications. For example, if the mother suffers tearing or another injury and starts to bleed internally, failure to monitor her blood pressure could mean the medical team is unable to provide necessary corrective treatment in time to save her life.
- Failure to Timely Conduct a C-Section: It is not uncommon for a mother to begin labor expecting to deliver her child vaginally only to experience complications that demand an emergency C-section procedure. Attending physicians and their support staff must know the warning signs of these situations and act accordingly. If it becomes unsafe to continue with natural childbirth, the doctor must move to conduct an emergency C-section as soon as the appropriate conditions appear. Failure to do so could lead to catastrophic or fatal injuries to the mother and/or child.
Common Forms Of Child Birth-Related Medical Negligence
While there are always risks during pregnancy, many of the above injuries occur when a medical provider behaves negligently. There are a huge number of different ways that substandard behavior can occur, such as:
- The incorrect or improper use of tools used during the birthing process.
- Incorrect or lack of fetal monitoring during pregnancy and labor.
- Delayed or failure to give treatment during fetal distress.
- Failure to convert to a c-section promptly.
- Administering an epidural incorrectly.
Negligence is laid out in state statute Maryland Annotated Code, Courts and Judicial Proceedings §3-2A. The Medical Malpractice Act states: “All claims, suits, and actions … by a person against a health care provider for medical injury allegedly suffered by the person … are subject to and shall be governed by the provisions of this act”.
The Role of Medical Malpractice in Birth Injuries
Medical malpractice often plays a critical role in birth injury cases, as healthcare providers may fail to adhere to the accepted standards of care, thus compromising the safety of the patient. To successfully pursue a medical malpractice claim in a birth injury case, it is essential to prove that the healthcare provider’s substandard behavior directly resulted in the injury.
A skilled birth injury lawyer at Peter Angelos Law can help you navigate the complexities of medical malpractice claims, from gathering evidence and securing testimony to negotiating with insurance companies. Families can pursue justice for their loved ones and recover compensation to cover the costs related to the birth injury by holding healthcare providers accountable for their negligence.
The Process of Filing a Claim
To begin the process and to start filing your medical malpractice claim, you need to submit a claim to the Director of Maryland Health Claims.
This will start things off. Your Baltimore birth injury lawyer will be able to assist you in doing this and will be able to guide you through the malpractice claims process.
Proving Medical Negligence
Proving medical negligence in birth injury cases requires a thorough evaluation of the available evidence, including medical records, witness statements, and professional opinions. A comprehensive review of the records can help determine if there is evidence of malpractice or medical errors, such as a failure to identify signs of fetal distress or a breach of the standard of care during the delivery process.
Professional testimony is crucial in establishing medical negligence. Medical providers, such as obstetricians, neonatologists, and pediatric neurologists, can provide invaluable evidence regarding the circumstances of the injuries and what transpired. Their testimony can help demonstrate how the doctor’s care was deficient and which parties were implicated in the mistakes, ultimately strengthening your birth injury claim.
Holding Healthcare Providers Accountable
Holding healthcare providers accountable for their negligence is essential to ensure justice for the affected family. A successful medical malpractice claim can recover compensation for various types of damages, including medical costs associated with a child’s lifelong care following a traumatic birth injury.
Peter Angelos Law can play a crucial role in assisting you to hold healthcare providers accountable for their negligence. With a comprehensive case preparation and investigation process, our legal team will:
- Carefully review relevant medical records
- Engage medical and economic professionals
- Construct cogent legal arguments
- Liaise with insurance companies to recover the compensation your family deserves.
Recovering Compensation for Birth Injury Victims
Compensation for birth injury victims is for the financial losses incurred due to the birth injury, such as medical expenses, lost wages, and future care costs.
Damages in birth injury cases encompass medical expenses, lost wages, and future care costs. These costs are calculated to accurately assess the financial burden of the injury and to ensure that the injured party is adequately compensated for their future care needs.
Lost wages in birth injury cases are typically calculated by comparing the amount of income the person would have earned had they not suffered the injury with the amount they can earn after the injury. A thorough evaluation of these losses can help families recover the compensation they need to cover the costs associated with their child’s birth injury.
With the help of a skilled birth injury attorney, families can gain a clearer understanding of the compensation types available and the possible value of their claims. This can help ensure that they receive the financial support they need to care for their child and cope with the challenges posed by the birth injury.
The worst possible result of a medical malpractice case is the victim’s wrongful death. A fatal birth injury or complication that leads to the wrongful death of the child is a terrible thing to deal with, especially when the injury could have been preventable.
As parents, you have the right to take legal action in this situation, and together with your attorney, you can bring a wrongful death case against the responsible medical provider.
While no amount of money will ever ease your grief, it can provide financial security while you take the time to grieve and can provide compensation for the emotional distress and loss of companionship that you have had to suffer.
Your Maryland birth injury attorney from Peter Angelos Law will be able to answer any questions you have about a wrongful death claim and will guide you through the birth injury claim during this difficult time.
How Peter Angelos Law Can Help with Your Birth Injury Case
Peter Angelos Law has a long history of successfully representing clients in a variety of cases. With a team of experienced Baltimore birth injury attorneys, we are dedicated to helping families in Baltimore navigate the complexities of medical malpractice and birth injury cases.
We understand the emotional and financial toll that a birth injury can have on a family. For this reason, we dedicate ourselves to constructing a compelling case on your behalf, ranging from case preparation and investigation to securing witnesses and testimony. With the support of Peter Angelos Law, rest assured that we will strive for the justice and compensation you rightfully deserve.
Case Preparation and Investigation
Peter Angelos Law takes a thorough approach to case preparation and investigation for birth injury claims. We begin by submitting the claim and carrying out a comprehensive investigation of the case. This includes obtaining evidence to substantiate the claim, such as medical records, professional opinions, witness statements, communication documentation, photographs, and videos.
Throughout the investigation, our legal team conducts a detailed analysis of the birth injury’s circumstances to pinpoint potential negligent parties and initiate legal action for the injured parties. Our dedication to thorough case preparation and investigation ensures that your claim is built on a strong foundation, enhancing the prospects of success in demonstrating the birth injury claim and obtaining the deserved compensation.
Professional Witnesses and Testimony
Professional witnesses and testimony play a crucial role in establishing medical negligence in birth injury cases. Peter Angelos Law utilizes its expansive network of qualified medical providers to secure witnesses for birth injury cases. These professionals are brought on to provide witness testimony to support the client’s case in court and illustrate the full extent of the birth injury.
The witnesses’ testimonies can illustrate the deficiencies in the doctor’s care and identify the parties involved in the mistakes. With the support of these crucial resources, Peter Angelos Law can strengthen your birth injury claim and increase the likelihood of a successful outcome.
Navigating Maryland Birth Injury Laws
Navigating the intricacies of Maryland birth injury laws can be a daunting task for families dealing with the aftermath of a birth injury. The statute of limitations and filing requirements are critical aspects to consider when pursuing a birth injury claim. With the guidance of Peter Angelos Law, you can ensure that your claim is filed promptly and adheres to the specific requirements set by the state of Maryland.
Grasping the statute of limitations and filing requirements is crucial to safeguard your rights and prevent claim dismissal due to procedural errors. By working with a skilled birth injury attorney, you can focus on caring for your child while we handle the legal aspects of your case.
Statute of Limitations
The statute of limitations for filing a medical malpractice case in Maryland is three years from the date the malpractice injury or error occurred. However, there are exceptions to this rule, such as the minority exception, which allows plaintiffs who are minors (under 18) to initiate their claim until their 21st birthday.
Not filing a birth injury lawsuit within the statute of limitations can result in the dismissal of the lawsuit, precluding you from recovering compensation for the birth injury. It is critical to seek advice from a birth injury lawyer promptly to ensure adherence to the filing deadline and protection of your rights.
Filing requirements for birth injury cases in Maryland include:
- A formal medical board review
- Witness testimony from a qualified medical provider
- The lawsuit must be filed in the appropriate Circuit Court in Maryland
Peter Angelos Law can assist parents in meeting these unique requirements and ensuring a successful claim.
When filing a birth injury case, essential documents include:
- Medical records
- Professional opinions
- Witness statements
The responsibility of an attorney in meeting the filing requirements for a birth injury case in Maryland is to guarantee that the court’s stringent filing requirements and deadlines are adhered to, providing guidance throughout the process and ensuring that all necessary documents are filed accurately and punctually.
Start Your Birth Injury Claim in Baltimore, Maryland Today
If your family recently experienced any type of birth injury, it is natural to feel saddened, confused, and uncertain about the future. You likely have many pressing legal questions and a limited idea regarding your options for legal recourse.
If your child’s birth injury was preventable and occurred through the negligent behavior of a medical provider, you are eligible to recover compensation for your suffering and damages.
These cases are extremely complex, and you will be pursuing compensation from an insurance company that most likely has an extremely capable legal team.
For positive chances of recovering full and maximum compensation, you need a fierce advocate with experience in previous cases. Our Baltimore birth injury lawyers have successfully helped many families in Maryland state-wide recover compensation for their birth injury damages and can put our experience to work for you.
Contact Peter Angelos Law today to schedule a consultation and get answers from our Baltimore birth injury attorneys for your most urgent legal questions for free. To discuss your case, call us today at 410-705-2405.
Frequently Asked Questions
Why Should I Hire a Birth Injury Lawyer in Baltimore, Maryland?
Attempting to pursue any type of medical malpractice claim without legal counsel is a significant risk. You will not only need to meet the court’s strict filing requirements and deadlines but must do so while managing the physical and emotional effects of the birth injury your family experienced. Hiring legal counsel means you can place your legal affairs in capable hands so your family can focus on healing and planning for the future.
Medical malpractice claims are also some of the most complex personal injury claims an individual can file. These cases have unique requirements, such as a formal medical board review and witness testimony from a qualified medical provider. Without a Baltimore birth injury lawyer, the average person will be unlikely to secure the evidence and documentation needed to succeed with their claim. Even if the claim is successful, self-filers are unlikely to obtain the full scope of their claimable damages.
To be certain you and your family maximize your recovery after a birth injury, you need a birth injury attorney in Baltimore, Maryland that you can trust to manage your case. The Baltimore birth injury attorneys at Peter Angelos Law have the experience, resources, and skills necessary to recover fair compensation for your birth injury claim.
What are birth injuries due to negligence?
Birth injuries caused by negligence can occur in a variety of ways, such as failing to treat fetal distress promptly, delaying or omitting emergency cesarean sections, failing to prevent preeclampsia, and not adequately monitoring and controlling oxygen intake which can lead to brain injuries.
How can I prove medical negligence in a birth injury case?
To prove medical negligence in a birth injury case, an evaluation of available evidence such as medical records, witness statements, and professional opinions must be conducted. A comprehensive review of the records will help determine if there is evidence of malpractice or medical errors.