When the medical team handling a pregnancy and delivery fails to provide the expected standard of care, it can lead to injuries for both the infant and the mother. In some cases, these injuries may cause permanent damage and interfere with the baby’s development. For example, some babies who suffer traumatic brain injuries during birth can later develop conditions like cerebral palsy.
If a health care professional’s negligence caused your baby to develop a cerebral palsy, you could hold them accountable through a claim or lawsuit. An Arbutus cerebral palsy lawyer from Brown & Barron can help with your case while you focus on taking care of your family. We bring negligent medical professionals and entities to justice and make them pay for the harm they caused.
What Actions Can Cause Cerebral Palsy in a Newborn?
Medical malpractice refers to when a medical professional’s actions fall below the accepted standard of care within their field. While not all medical errors equate to malpractice, you may have a case if another doctor or nurse in the same field would have acted differently in a similar situation, and this difference in action would likely have prevented the birth injury.
For example, some negligent actions that could equate to malpractice during a pregnancy or delivery include:
- Improper use of medical equipment: Deliveries can have complications, and the health professional who receives your baby must be prepared for this. However, the inappropriate use of instruments—such as forceps or vacuums—can harm the baby, creating lifelong health problems.
- Forgoing an emergency C-section: When complications occur during labor, proceeding with a natural birth can become dangerous. As such, the responsible doctor must be prepared to decide if it is necessary to perform a cesarean section or not. An emergency C-section can prevent the baby from running out of oxygen and potentially suffering brain damage that could cause cerebral palsy.
- Lack of monitoring: Both the doctor and the hospital staff responsible for the delivery must constantly be monitoring the mother and baby’s vital signs. If neither party notices that they are having complications, such as low heart rate or lack of oxygen, the infant can suffer birth injuries.
- Incompetent actions under stress: If the baby is suffering during delivery because they are stuck in the birth canal or the umbilical cord is wrapped around their neck, the health personnel must act as soon as possible with the best strategy to avoid significant harm.
The medical team responsible for delivering a baby should always be prepared for any arising problems. If a healthcare professional misses some crucial steps or commits negligent actions during the procedure, it could make them liable for birth injuries and any related health issues.
Get in touch with a cerebral palsy lawyer serving Arbutus, 410-547-0202 for a free case evaluation.
Proving Medical Malpractice Caused Your Child’s Cerebral Palsy
Bringing a healthcare professional to justice for medical malpractice is complicated. In these cases, you must prove that the responsible party’s actions or inactions caused your baby to be born with a birth injury. For this, it is necessary to collect all the information and medical records about your child’s birth and other types of evidence.
You will also need testimony from a third-party medical professional validating the case. This is not always as easy to come by, especially as you are caring for your child and addressing their cerebral palsy. That’s why many parents seek out a birth injury lawyer to handle their malpractice case.
Our team at Brown & Barron represents medical malpractice victims in Arbutus and throughout Maryland. When you hire us, we’ll work hard to build a case that proves your right to financial recovery. We will obtain the relevant evidence to get justice while you focus only on your family. You can call now to get started with a free case review.
How Long Do You Have to File a Cerebral Palsy Lawsuit in Arbutus?
Under Maryland’s statute of limitations for medical malpractice, you generally have up to five years after the event that caused the injury or three years from the date you discovered it to file a lawsuit. This general timeline is outlined under Maryland Courts & Judicial Proceedings Code Section 5-109. However, there may be exceptions to your case since a minor is involved.
Due to the confusing nature of these statutes, it’s critical to get started on your case as soon as possible. Otherwise, you could miss out on collecting compensation for your damages. Once the deadline in your case passes, the courts can reject any lawsuit you file regarding your child’s birth injury.
What Damages Are You Eligible to Recover in a Birth Injury Case?
You must bear in mind that not all cases are the same, so it is impossible to give an exact estimate for your child’s birth injury and cerebral palsy without reviewing all of the evidence. Still, the following types of damages are generally recoverable in a medical malpractice claim or lawsuit:
- Pain and suffering
- Ongoing and future medical treatment, prescription drugs, therapy, medical equipment, hospital bills, and ambulance rides
- Loss of income if you had to miss work to care for your child
- Loss of quality of life
- Funeral and burial costs
We know that money will not change the fact that a health provider made your baby and your family suffer. However, a settlement or court award can relieve the financial stress that these events can cause. A cerebral palsy lawyer from our firm can help you with the legal process while you only focus on your family.
Call Our Team at Brown & Barron to Review Your Case for Free
Hiring a cerebral palsy injury lawyer from our law firm can help you find the best option to obtain justice and compensation from the liable party. You don’t have to go through these stressful times alone. At Brown & Barron, we fight hard for our clients.
Call now or fill out our contact form on our website for a free case review.
Contact Brown & Barron online today to schedule a free case review with a with a cerebral palsy lawyer serving Arbutus.