Dundalk birth injury lawyer
Childbirth is a very vulnerable time for both mother and baby. It is essential that medical providers take great care to keep them both safe and healthy. That means thorough monitoring, proper use of medical equipment, and dedication from the beginning of the mother's pregnancy and beyond.
If you or your baby have suffered a preventable injury either during pregnancy or as a result of the birthing process, you may be entitled to compensation.
We must hold medical providers to high standards, especially in the United States, one of only three countries in the world where pregnancy-related deaths are actually rising.
At Peter Angelos Law, we handle birth injury cases every day, and our team of medical malpractice lawyers is eager to help. We understand how distressing it can be when your newborn baby is injured, especially if it was preventable. These conditions may require lifelong treatment, and it is essential that your settlement reflects that.
We offer reliable representation to mothers and their families regardless of their financial situation. We offer a free case evaluation, and if we decide your case is worth pursuing, we will represent you on a contingency fee basis. Meaning we take a percentage of your settlement only once it succeeds. If your case is unsuccessful, we don't take a penny.
Peter Angelos Law - Fierce Advocacy - When You Need It Most
Our law firm has been representing clients in Maryland for over 50 years. During that time, we have built up a strong reputation and have a long history of successful cases to draw upon.
Our team of medical malpractice lawyers has what it takes to fight even the most complex cases. The attorney-client relationship is of the utmost importance to us. We will always take the time to listen compassionately and keep you informed from start to finish. We won't rest until every avenue has been explored to secure you the highest amount of compensation possible.
We are equally skilled in settlement negotiation and courtroom litigation, which means we can fight for a fair settlement where possible but are also willing to fight tirelessly to secure you what you deserve.
Call us today at 410-705-2405.
Four Elements to Prove in Dundalk Birth Injury Lawsuits
Medical malpractice claims are founded on negligence. In order to prove negligence, there are four elements that need to be established:
- You are owed a duty of care - This is the first element of negligence and the easiest to prove in a medical malpractice claim. All medical providers owe a duty of care to their patients.
- The duty of care was breached - This is the second element of negligence and is more difficult to prove. A medical provider breaches their duty of care to owe if they act differently from how a reasonable person would in similar circumstances. For example, they do not monitor the mother properly during pregnancy, or they use medical equipment improperly.
- The breach of duty caused your injuries - Next, it is necessary to prove that the medical providers negligent actions directly caused the injuries. This means that the injuries were preventable.
- The injuries led to damages - Finally, your attorney will prove that the injuries you suffered led to damages, such as medical expenses.
Birth injuries can happen in an instant, but they have the potential to result in lifelong complications for a child's behavior, development, or appearance.
Most injuries occur either because of a prenatal error or a complication during the birthing process.
It is essential that medical providers properly monitor the mother and baby throughout pregnancy, and if the unborn baby has complications, then they should be properly diagnosed and treated.
if proper treatment is delayed because a condition goes noticed or misdiagnosed, then preventable harm may come to the mother, the child, or both.
Labor and Delivery Error
Labor and delivery is a delicate process, and it is essential that medical providers take proper measures. Preventable injuries can occur if they fail to properly care for the mother or baby or misuse medical equipment.
Common Birth Injury Causes
We see a variety of injuries as a result of medical negligence, either during the birthing process or while the mother was pregnant. Some common examples include:
Head Trauma During Delivery
Head trauma to a newborn baby creates a substantial risk of brain damage or damage to the nervous symptoms. Medical providers should take extra care with infants, yet sometimes their negligence creates long-term cognitive and physical development delays.
When the birthing process takes a long time, it puts a lot of stress on both mother and baby. Sometimes it is more effort than the mother is physically capable of, and it is important that medical providers step in and use forced pressure, vacuums, or forceps to help them on their way.
However, forced delivery can be risky, and when done improperly, it can lead to conditions such as brachial injuries or Erb's palsy.
Delay in Converting to Caesarian Section
Sometimes a caesarian section is necessary for a safe birth, but if a doctor fails to convert the mother to a caesarian section in a timely manner, then it can cause preventable injuries.
If it is clear that the child is suffering or the mother is struggling more than she should, then it is down to medical providers to know the signs to look for and make decisions quickly.
Neglecting to Perform Specialized Tests
Medical providers should monitor the unborn child throughout the pregnancy, which includes performing necessary tests to detect any issues. This ensures any complications are properly diagnosed, which can then be treated or prepared for.
It may result in additional monitoring throughout the entire pregnancy or birth. If medical providers fail to adequately diagnose conditions, it can lead to preventable injuries and constitute medical malpractice.
When a baby's brain is deprived of oxygen, brain cells can begin to die; this is called Hypoxic Ischemic Encephalopathy (HIE).
Oxygen deprivation during the birthing process is fairly common, and when it happens, it is important that medical providers act quickly, or the baby will be at risk of permanent brain damage.
Negligent Vacuum Use
The mother can sometimes struggle to deliver the baby through the birth canal during the birthing process. Medical providers will sometimes use a vacuum to help guide the baby by attaching it to their skull or shoulders.
This is a precise process, and if it is done incorrectly or without proper care, it can lead to severe injuries to the baby, and it can also injure the mother.
Types of Birth Injuries
The United States has some of the worst statistics in the developing world when it comes to birth injuries. Healthcare providers contribute to around 28,000 injuries to newborn babies during childbirth every year!
When you pursue a medical malpractice claim, you don't only recover damages for your suffering; you also help hold negligent medical providers accountable and prevent similar injuries from occurring in the future.
Common birth injuries caused by medical negligence include:
Facial paralysis can occur when the baby's face has too much pressure on it during the birthing process, leading to nerve damage. It is usually through the improper use of a vacuum or forceps.
In a newborn baby, symptoms of facial paralysis include an inability to close one eye or a lack of movement on one side of the face. The condition usually resolves itself in a few weeks, or sometimes it could be permanent.
Cerebral Palsy is a neurological disorder that is caused by damage to the child's brain during development. It is non-progressive and ranges in severity. It can be very mild, such as a slight weakness in one limb, or it can cause severe cognitive impairment.
Most children with cerebral palsy are born with the condition, while others develop it soon after birth. It can be caused by a range of things, including trauma during labor, deprivation of oxygen, improper use of medical equipment, failure to treat jaundice, or premature birth.
This condition occurs when the brain and spinal tissue don't properly seal before birth. It can create malformations in the lower back and usually requires invasive surgery. The child will be unable to recover function to the part of the spinal cord that has been damaged.
Spina Bifida can vary in severity depending on where the injury occurred. The higher on the spine the injury occurred, usually the worse the symptoms are. Symptoms can include weakness or paralysis of the legs, bladder and bowel problems, scoliosis, and difficulty paying attention.
Spina bifida can be detected with proper monitoring before birth. If the doctor fails to diagnose the condition or properly inform parents, then they may have acted negligently.
Brachial Plexus Injury
A brachial plexus injury is paralysis of the arm caused by damaged or severed nerves. It usually happens if the baby's head is pulled aside during the birthing process.
However, it can also happen during head first delivery if the shoulders are stretched. Or in a fee first delivery, when too much pressure is placed on the baby's arms.
Choosing a Dundalk Birth Injury Lawyer
You deserve compensation if you or your newborn baby have suffered a preventable birthing injury. Medical malpractice cases are complex, and for your best chance at just and fair compensation, you need an experienced birth injury lawyer to represent you. One who is well versed in medical malpractice and who has handled cases similar to yours in the past.
Choosing a birth injury lawyer can feel overwhelming. Many of our clients have never needed an attorney before, so it can be difficult to know where to begin.
Usually, a Dundalk, MD, personal injury lawyer will offer free consultation, so you can ask some questions and decide whether they are a good fit for your case. You should ask questions about their experience, legal expertise, and medical knowledge. Although they are not medical providers they should have a good understanding of the medical field and the details that are relevant to your case.
Some questions you might like to ask when you contact law offices are:
- How many years of experience do you have handling personal injury cases in Maryland?
- Have you navigated medical malpractice claims in the past successfully?
- What is your level of trial experience?
- How can I contact you, and how soon can I expect a response?
- Do you have any professional associations or honors?
- Can I see testimonials from previous clients?
- What does a good settlement look like in my case, and how will we get there?
- How will I pay you?
How Long Do I Have To Make a Birth Injury Claim in Dundalk, MD?
When a mother or a newborn baby are injured because of medical negligence, then they deserve compensation for their damages. You have a right to recover damages for things like medical bills and your mental anguish. However, you only have a limited amount of time to make a claim, known as the statute of limitations.
Once the statute of limitations has expired, you will lose your right to make a claim. In Maryland, the statute of limitations for medical negligence is three years from the date the medical malpractice occurred. In some rare instances, you may be granted up to five years if, for example, you were not aware of the injury straight away. You will never have longer than 5 years from the date of the incident and 3 years from the date it was discovered.
Three years may sound like a long time, but medical malpractice claims are notoriously complex. Large insurance companies support medical providers, and their highly skilled attorneys will push back any claim brought against them. It takes considerable time to collect sufficient evidence to strengthen your case and ensure that it is difficult to argue against.
Dundalk Birth Injury FAQs
Contact a Dundalk Birth Injury Lawyer Today
During pregnancy and delivery, medical providers are required to pay close attention to the mother and baby. Any complications should be identified and immediately addressed. If they are not, then it can cause complications that lead to serious injury, illness, or even death of the mother or baby.
If a medical provider deviated from the standard of care expected of them and this caused preventable injuries to the mother or the newborn baby, then you should pursue compensation.
Peter Angelos Law has been representing victims in Maryland for over 50 years. We have a long history of success and provide reliable and knowledgeable representation from start to finish.
If you have suffered because of someone else's negligence, then do not hesitate to fight for what you are owed. Call us today and arrange a free initial consultation with one of Dundalk, MD, birth injury lawyers at 410-705-2405.