Baltimore birth injury lawyer
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 baby, acts without due cue and attention, the results can be catastrophic. 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.
Here at Peter Angelos Law, we know that no amount of money will ever fix the damage and trauma you have been through. Compensation can provide you with the financial security and the means to seek the highest-quality professional care and treatment that you or your child may need going forward.
Peter Angelos Law - Justice For You and Your Baby
At Peter Angelos Law, we believe that all victims of medical malpractice and negligence deserve the chance to seek justice and compensation for their injuries, regardless of their financial situation.
To do this, we offer 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 your best 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 win.
Common Birth Injuries Caused By Negligence
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 diagnosed the wrong condition or failed 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 Downs 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 the birth.
The most common birth injuries include:
Cerebral palsy occurs when a 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 midwives improperly deliver a baby, the 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 baby may have a loss of function in their shoulders, arms, or hands.
Improper use of Vacuums
If the pregnant mother struggles to give birth naturally, physicians may decide to use an extraction vacuum to deliver the 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 baby to need immediate treatment and may lead to potential long-term issues like brain damage.
If your baby has suffered due to the incorrect use of an extraction vacuum, you should speak to a Baltimore birth injury attorney immediately, as you may have a claim.
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 baby. Blood pools under the skull; if left untreated, it may calcify, causing deformity and requiring surgical intervention.
Horners syndrome is the name for a type of damage to the nerves that connect the eyes to the brain. During childbirth, if the practitioners 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.
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 baby or converting to a c-section in a timely manner.
If the doctor could have used alternative birthing methods, and your baby has suffered a fracture, you should speak to a birth injury lawyer.
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.
This damage is often permanent and will drastically affect both the mother's and the newborn baby's life forever.
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 negligence can occur, such as:
- The incorrect or improper use of tools used during the birthing process, such as extraction vacuums and forceps.
- 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 in a timely manner.
- Administering an epidural incorrectly.
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 attorney will be able to assist you in doing this and will be able to guide you through the malpractice claims process.
Maryland Statute of Limitation
In the state of Maryland, the statute of limitations places a time limit on filing a medical malpractice case. Once this time limit has elapsed, your case will be thrown out if you try to raise it. Whilst this gives you a time limit, the sooner you speak to an attorney and begin the process, the better.
Maryland's statute of limitations states you have:
- Three years from the date the malpractice injury or error occurred.
- If in rare cases, you do not discover the injury until a later date, you may have a longer period, but your time will never exceed five years from the date the injury occurred or three years from the date the injury was discovered.
Damages You Can Recover in Medical Malpractice Claims
If you or your newborn baby have suffered injuries as a result of medical malpractice or negligence from your medical providers, you deserve to recover your damages. Your Baltimore birth injury lawyers will calculate what your damages are worth. The more experienced your attorney is in similar cases, the more accurate they will be able to calculate your damages.
In a birth injury case, your attorney will consider both your economic and your non-economic damages.
Your economic damages are the damages you or your baby have suffered that are going to cost physical money. Here are some of the economic damages you may suffer due to malpractice:
Lost Earning Potential/Wages
If the injuries you or your baby have suffered due to the medical malpractice incident mean that you will have to take time off work, you may suffer a loss of wages. You can recover these losses.
If your baby has suffered birth defects or injuries, that means they will not be able to work in a normal capacity in the future, your attorney may attempt to recover a lifetime of lost earning potential.
In a medical malpractice case, you can recover all of your medical expenses and bills that relate to the incident. If your baby needs additional treatment due to their injuries or may need treatment in the future, your attorney will calculate what this is worth.
It is worth keeping a medical diary of all treatments that your baby needs in order to assist your attorney.
Your non-economic damages are the damages you or your baby have suffered that do not come with physical prices attached. These include:
Pain and Suffering
Pain and suffering damages are designed to compensate the victim for the physical pain and emotional suffering they have been through. This includes things like a loss of potential enjoyment of life. An example of this would be if your baby has suffered spinal cord injuries that prevent them from riding a bike or playing on the playground like other children. Your attorney will calculate what this life of suffering is worth.
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 Baltimore birth injury attorney 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.
Birth Injury Legal FAQs:
You are entitled to sue any medical provider who has acted negligently and is responsible in some way or another for your injuries. This includes the obstetrician who delivered the child and the attending nurses and support staff.
Speak to a Baltimore Birth Injury Lawyer Today
If your child's birth injury was preventable and occurred through the negligent behavior of a medical provider, you are eligible to pursue 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 the best possible chances of seeking full and maximum compensation, you need a fierce advocate with experience in previous cases. Here at Peter Angelos Law, we have that experience.
To discuss your case, call us today at 410-705-2405.