At Brown & Barron, our bone fracture birth injury lawyers in Baltimore are available to help if your baby’s bones were broken during their birth. Our goal is to find who is responsible for your child’s injuries and recover the compensation you deserve.
Common Fracture Injuries that Occur During Birth
Clavicle and collarbone injuries are the most common type of bone fractures that may happen during the birthing process. The standard head-first positioning of birth makes the clavicle area especially vulnerable to injury. Although less common, limb injuries can occur during birth as well.
Get in touch with a bone fractures birth injury lawyer serving Baltimore, 410-547-0202 for a free case evaluation.
Signs of Infant Bone Fractures
A bone fracture birth injury may be undetectable during the delivery, or even after the birth. Newborn babies are not able to express pain verbally, so an injury may go unnoticed. A negligent doctor may not notice if a fracture occurs during birth, or neglect to inform the mother if they do notice a fracture.
Any strange appearance on the body could be a sign of a bone fracture. If there is no physical evidence of the fracture, the baby may express pain by constantly crying and being inconsolable.
The symptoms of broken bones during labor may include:
- Limited mobility
- Lumps on joints, shoulders, and other areas
Causes of Bone Fracture Birth Injuries
Factors such as the baby’s size, prematurity, the baby’s position during birth, shoulder dystocia, and the size and shape of the mother’s pelvis can cause a difficult delivery.
Difficulties during birth can contribute to birth injuries, but bone fractures are often caused by negligence in some form. A bone fracture may occur during delivery if the doctor attempts to reposition the baby within the birth canal. The hospital staff may act too forcefully when facilitating a birth or use tools that cause injury.
A bone fracture may be caused by:
- Forceful delivery
- The use of forceps or other devices
- Failure to reposition a baby when necessary
- Failure to administer an emergency cesarean section (C-section) if needed
Doctors are responsible for preventing birth injuries, as well as responding promptly and appropriately when the risk of injury arises. Medical professionals who fail to do this — either because of fatigue, inexperience, forgetfulness, or another reason — are negligent in their responsibility to their patients.
Proving the Medical Professionals’ Negligence
To recover damages for your child’s injury, we must prove the diagnosis relates to the doctor’s negligence. You must demonstrate that the doctor who performed your child’s birth caused harm that a competent doctor would not have.
To prove negligence, you must show how the medical provider was negligent. The elements of proving negligence include:
- Duty of care: Medical professionals owe a standard level of care to their patients. The medical standard of care is the level of skill the average healthcare professional would have provided under the same circumstances.
- Breach of duty: If the medical professional carelessly breached their duty of care and caused an injury, you could hold them responsible for damages. Medical professionals might breach their duty accidentally, or purposefully and maliciously.
- Causation: You must show the defendant’s actions caused the injuries.
Our attorneys will investigate the birth to prove the doctor or other medical provider acted negligently. We will utilize medical experts to demonstrate how the doctor deviated from the medical standard of care. If we can prove the medical professional was negligent, you can seek damages.
Damages You Could Recover
If your child sustained injuries during birth, you could seek compensation for damages. When it comes to birth injury claims, the plaintiff could seek economic or noneconomic damages.
Economic damages are verified monetary expenses you may have incurred because of your child’s injury. Economic damages could include:
- Medical expenses: This category includes hospital stays, doctor’s appointments, future medical care, diagnostic testing, and any medications related to the injury.
- Rehabilitative care: If your child requires rehabilitative care (e.g., occupational or physical therapy) because of their injuries, you can include these bills in your claim.
- Lost income: If a parent must miss work for an extended period to care for their child as they recover, they can include lost wages, retirement contributions, and other forms of income in their claim.
Noneconomic damages are subjective and not associated with an exact monetary value. For example, noneconomic damages in a bone fracture birth injury case could include:
- Pain and suffering: Any physical pain your child endured because of their injuries.
- Emotional trauma: This damage includes psychological anguish or discomfort you experience because of your child’s diagnosis.
Because noneconomic damages are not associated with a monetary value, they can be more challenging to calculate. The attorneys at Brown & Barron will calculate your noneconomic damages to determine an estimated value of your claim.
The Brown & Barron Team Passionately Advocates for Your Family
A Baltimore bone fracture birth injury attorney at our firm will work hard for your family to receive compensation. We understand the legal process can be stressful, so we try to make it as smooth and comfortable for you and your family. Our attorneys are determined to get justice for your family after what you have gone through. We make it a priority to hold the medical professionals accountable for your child’s injuries.
Our legal team has a proven track record of success, and will be on your side every step of the way. We are committed to every case and client we represent.
Schedule a Free Consultation with the Brown & Barron Legal Team
Brown & Brown represents families who have been harmed by the negligence of doctors. We are committed to helping mothers and babies who were injured during birth receive the medical care they need, whether it’s one surgery or a lifetime of treatment.
Our lawyers will hold negligent medical professionals accountable for their actions and do what is necessary to make sure your family is cared for, supported, and financially sound during this difficult time. Your first step toward justice is a no-cost consultation with our dedicated legal team. To learn about your options and rights following a birth injury, contact our firm today.
Contact Brown & Barron online today to schedule a free case review with a with a bone fractures birth injury lawyer serving Baltimore.