As parents, you spend months anxiously awaiting the arrival of your baby. Childbirth should be a joyous occasion.
However, it does not always go as smoothly as expected. Sometimes injuries occur because of medical negligence.
You have legal rights if your child was injured before, during, or after childbirth. Contact a Baltimore birth injury attorney in Maryland to learn more about your potential legal options.
At Baird Mandalas Brockstedt & Federico, LLC, we understand medical malpractice cases, including birth injuries.
We know what you are going through and that birth injuries can be devastating for everyone involved.
Sadly, many birth injuries are permanent and result from a medical professional’s negligence.
When medical malpractice is the cause of your baby’s injuries, our Maryland birth injury lawyer stands ready to help. We will fight tirelessly to hold the responsible parties accountable.
What Is Medical Malpractice?
Determining what constitutes medical malpractice is not always straightforward. Birth injury cases are typically complicated, which is why you need an experienced attorney to represent you.
To prove malpractice, you must show that the doctor, or another medical professional, acted differently than what would be expected of a reasonable medical professional with similar experience and training when faced with the same or similar circumstances.
If your medical professional’s treatment fell below the accepted standard of care, and that breach of the standards of care resulted in an injury to your baby, you could have a medical malpractice case.
In Maryland, expert witnesses are necessary to pursue a claim for medical malpractice.
Qualified medical experts must provide an opinion that the health care provider’s actions fell below the standard of care and that the injuries claimed were a result of medical negligence.
We work with an excellent network of medical experts who can review your case.
If your case proceeds to litigation and there’s a need to go to trial, our experts will testify as to their findings and medical opinions.
Common Birth Injuries
Birth injury refers to any injury or damage your baby sustains before, during, or during childbirth.
Some injuries are minor. Unfortunately, other injuries are more serious. The list of potential birth injuries is long.
Some common birth injuries are:
- Cerebral palsy
- Erb’s palsy
- Traumatic brain injuries
- Lacerations and bruising
- Nerve damage
- Dislocated joints or broken bones
Let an experienced attorney at Baird Mandalas Brockstedt & Federico review your case to determine whether your baby’s injuries could have resulted from medical negligence.
Potential Causes of Birth Injuries
Expectant parents entrust their child’s health to the medical professionals who are supposed to protect them. Babies are defenseless.
Examples of medical professionals’ behavior that could lead to a birth injury include:
- Improperly monitoring the baby during the pregnancy and/or labor
- Not performing a timely C-section delivery when a baby is in distress
- Failing to identify a condition that could lead to complications during childbirth
- Inducing labor too quickly
- Not recognizing and treating excessive bleeding
- Failing to recognize and/or treat an entangled or compressed umbilical cord
- Failing to diagnose herpes or other sexually transmitted diseases that could pass to the baby during childbirth
- Dropping a newborn;
- Negligent use of forceps during delivery
- Not treating a mother’s excessive bleeding
- Not putting a baby on oxygen when necessary; or
- Failing to properly deliver a baby with shoulder dystocia
This list is not exhaustive. Your baby’s birth injury could result from other negligent actions.
How a Maryland Birth Injury Lawyer Can Assist You
Taking the first step of contacting a Maryland birth injury lawyer is important to determine if your child was the victim of medical malpractice.
While it is helpful to bring your child’s medical records to the initial consultation, do not worry if you are struggling to obtain all of your child’s records. We can request the medical records for you.
When we review your case, we start by looking at all available information to determine whether there might be evidence of a medical mistake or malpractice.
We may speak with one or more medical experts to discuss what types of errors occurred.
If it looks like you have a viable medical malpractice lawsuit, we will let you know and discuss your options.
To determine your potential case value, we will likely need an expert or experts to evaluate your baby’s injuries and determine the extent of future treatment, therapy and related expenses.
We may also consult experts about how your baby’s injury might affect his or her ability to work as an adult.
While some cases settle out of court, some malpractice lawsuits go to trial. If your case goes to trial, we will vigorously represent you.
Contact Our Maryland Birth Injury Lawyers
If your baby suffered a birth injury in Maryland, we can help. Maryland’s medical malpractice laws are complex.
You could be jeopardizing your case if you fail to follow specific rules, such as the requirement to file a certificate of a qualified expert before filing a medical malpractice claim.
Let the experienced Baltimore Maryland birth injury lawyers at Baird Mandalas Brockstedt & Federico assist you.
Contact our office today to schedule a free consultation.
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