When a baby is injured during the delivery process, there can be serious, lasting consequences. The baby may be born with a long-term or permanent condition, like Erb’s palsy or cerebral palsy, and suffer from partial immobility, diminished quality of life, and other difficulties. The parents may have damages too, like costly medical bills. However, a parent of an injured child can seek compensation for such damages.
If you or a lawyer can show that the medical provider in your case acted negligently and is guilty of malpractice, you may be able to recover compensation for your damages. With a Dundalk birth injury attorney from our firm on your team, you may find the process much easier.
Is My Baby a Victim of a Preventable Birth Injury in Dundalk?
Whenever a medical professional treats a patient, they must provide a certain standard of care expected of all medical professionals. This standard applies in every case, including childbirth.
When a medical professional fails to meet the standard of care expected of them, they are negligent and can be found guilty of malpractice. Your baby may be a victim of medical negligence and malpractice if you suspect a doctor, nurse, birthing assistant, or other medical professional did not meet their standard of care during your baby’s birth and your baby suffered a birth injury.
You might suspect the medical professional failed to meet their standard of care if you believe the professional:
- Used excessive force to correct an issue, like shoulder dystocia
- Did not recommend a C-section soon enough
- Did not recognize your baby was larger than most babies
- Did not correct an abnormal birthing presentation
- Failed in another way during your birthing
Common Birth Injuries
You may suspect medical negligence and malpractice if your baby has a condition that’s commonly caused by a birth injury. According to Merck Manual, some common birth injuries and conditions include:
- Brachial plexus injuries
- Cerebral palsy
- Brain injuries due to oxygen deprivation
- Fractured bones
- Spinal cord injuries
Get in touch with a birth injury lawyer serving Dundalk, 410-547-0202 for a free case evaluation.
Proving Negligence and Medical Malpractice in Birth Injury Cases
It isn’t easy for a parent alone to prove a medical provider’s negligence and malpractice. It requires showing evidence, such as:
- Medical records indicating the child’s damages
- Employment records for the professional named in the claim or suit
- Witness or expert statements, such as a statement from a medical expert
Proving negligence and malpractice also requires establishing that:
- The provider failed in their duty of care, or their responsibility to treat the patient safely and protect the patient from harm
- This failure in responsibility resulted in harm to the patient
- This harm to the patient resulted in damages, such as pain and suffering and medical bills
One of our firm’s Dundalk birth injury lawyers can collect evidence and prove the medical provider’s liability for you. Your medical malpractice attorney can also defend you and your child against any tactics the insurance company may use to protect the medical provider. If necessary, your lawyer will take the insurer to court and aim to prove the provider’s liability there.
Compensation for Birth Injury Victims and Their Families
A child cannot represent themselves, and a child’s parents may struggle to represent their child. For these reasons, a parent should consider hiring a lawyer from our firm to take over their case and pursue compensation for them.
Your lawyer can determine which damages you can claim, valuate them, and pursue them in a medical malpractice claim or suit. In your legal action, your birth injury lawyer in Dundalk could pursue:
- The costs of any treatments or therapies your child may need
- Expenses for any specialized equipment your child may need
- Your lost wages if you have to stay home from work to look after your child
- Your child’s pain and suffering as a result of their injuries
- Your child’s future diminished earning capacity due to their injuries
Is There a Deadline for Filing a Birth Injury Lawsuit in Maryland?
In some cases, filing a medical malpractice insurance claim is preferred, but in others, filing a lawsuit may be best. Your lawyer can help you determine which action to take and file your claim or lawsuit for you.
If you and your lawyer decide to file a medical malpractice lawsuit, your lawyer will have to meet the filing deadline for this kind of suit in Maryland. This deadline is the earlier of either five years from the date of a medical malpractice incident or three years from the date of the discovery of a medical malpractice-related issue, per Md. Cts. & Jud. Proc. § 5-109.
To help your lawyer meet the deadline, consider hiring them soon. By hiring your lawyer immediately, you’ll also give them more time to build your case and strengthen it.
About Our Dundalk Birth Injury Attorneys
Our firm’s attorneys focus on medical malpractice, including birth injury cases. With over 137 years of combined experience, our attorneys have proven their capability, and our case results show it. From 2017 to 2021, we recovered over $82 million for our clients. Over the years, we’ve received many awards, including a 10.0 rating from Avvo. Avvo is a respected organization that offers many lawyer reviews and referrals.
Since our firm operates on a contingency basis, our clients don’t pay us anything unless we recover compensation for them. Our clients don’t pay for their initial consultation with us, either.
Reach Out to Our Birth Injury Law Firm Today
We’re very confident we can help you and your child with your case. Both of you deserve strong, dependable legal representation, and we’re able to provide it.
During your free consultation, we’ll provide a case review and advise you about how to proceed with the case, such as whether to file an insurance claim or a lawsuit. After your case review, if you choose to hire one of our attorneys, they’ll take over your case, push to establish the medical provider’s liability, and pursue due compensation for you and your child. Contact us today for your free consultation.
Contact Brown & Barron online today to schedule a free case review with a with a birth injury lawyer serving Dundalk.