Has Your Child Suffered a Birth Injury? Brown & Barron Can Help You Seek Justice

Baltimore Birth Injury Attorneys

Passionately Advocating on Your Family's Behalf - (410) 698-1717

As parents, you spend months planning the arrival of your child, anxious and hopeful for all of the wonders you hope your child will experience. Sadly, however, childbirth does not always go as smoothly as it should. When a child is injured before, during, or after childbirth, devastating injuries may occur.

Birth injuries can be incredibly devastating and traumatic for all involved, and they are generally the unfortunate result of medical malpractice. Our team of Baltimore birth injury attorneys is ready to fight for you! We are backed by decades of experience and provide personalized, tenacious representation.

Contact our firm today to discuss your case with our experienced birth injury legal team!

    We Have Recovered Millions for Our Clients

    If a child suffers at the hands of a medical professional’s negligence, the results can be catastrophic and permanent. Due to the vulnerable nature of a newborn baby or unborn fetus, birth injuries are tragically quite common when treatment and care is placed in the wrong hands.

    If you are in need of an aggressive and determined Baltimore birth injury lawyer to fight for all you, your child and your family have suffered, and will continue to suffer, look no further than Brown & Barron, LLC. We will treat your case with the urgency and thoroughness it deserves, and we will also bring you into our family to ensure your experience throughout the legal process is as easy and comfortable as possible.

    Why Hire Brown & Barron, LLC?
    • 75+ Years of Combined Experience
    • Free, No-Obligation Consultations
    • Millions Recovered for Our Clients
    • Personalized & Tenacious Representation

    What Are Birth Injuries?

    The term “birth injury” refers to any damage or injury your child sustains before, during, or immediately after delivery. Often, birth injuries are minor and are simply a physical side effect of being born. Sometimes, however, birth injuries are more serious. In a legal sense, birth injuries refer to any profound injury or death to the infant or mother that can be attributed to medical mistakes, malpractice, negligence, or flawed hospital policy during the birthing process.

    Brain Injuries

    There are a number of brain injuries that can occur, and the baby may suffer long-term damages as a result. Most of the time, brain injuries are caused by oxygen deprivation. Typically, these situations are labeled as anoxia, hypoxia, birth asphyxia, and perinatal asphyxia.

    The most common brain-related birth injuries are cerebral palsy and hypoxic ischemic encephalopathy (HIE). Most brain injuries during pregnancy are caused by failure to monitor, failure to identify prolapsed umbilical cord, or failure to use tools correctly when assisting with birth.

    Cerebral palsy affects nearly 800,000 children and can be a result of maternal infections, infant infection, infant stroke, and oxygen deprivation. In some situations, though, proper monitoring can allow for preventative measures when it comes to cerebral palsy.

    Muscle and Physical Injuries

    Typically occurring during the delivery process, there are multiple different muscle-related injuries that can be sustained, and the baby may be left to suffer. These are the common physical and muscle-related injuries that can occur:

    • Brachial plexus injury: The upper extremity of the arm is injured
    • Erb’s palsy: The nerves of the upper arm are affected, causing loss of feeling or weakness.
    • Klumpke’s palsy: The lower nerves in the arm are damaged.
    • Shoulder dystocia: An injury to the baby’s head and shoulder when trapped behind the pelvic bone during delivery.

    Delivery Injuries

    Some of the injuries that can be caused by misuse of forceps or vacuum extractor include broken bones, lacerations, and skull fractures. These are often dependent on how the physician handles the delivery, and whether or not they monitor the situation properly.

    How Do I Know If a Birth Injury Was Caused By Negligence?

    Malpractice or negligence in a medical setting means the doctor or other medical professional acted in a way that breached their duty of care (i.e. the doctor failed to follow or deviated from standard procedures meant to keep patients safe). This means the doctor either failed in their duty to monitor a baby or take swift action to prevent a baby from suffering harm. Typically, negligence comes into play with birth injuries caused by lack of oxygen or other physical harm.

    Some of the most common causes of birth injuries include:

    • The improper use of assistive birthing devices
    • Failure to order a cesarean delivery (C-section)
    • Inadequate or inappropriate response to birth complications
    • Failure to monitor the infant for signs of fetal distress
    • Medication errors made before, during, or after birth

    More often than not, these injuries are preventable and occur due to the negligent actions of healthcare professionals. While some birth injuries are mild enough to allow for a full recovery, others can be life-altering and permanent.

    Can I Sue the Hospital for My Child's Birth Injury?

    Hospitals have an obligation to make reasonable inquiries into the education, training, and licensing of a prospective employee when hiring staff members, which often consist of licensed physicians, nurses, physician assistants, and nurse practitioners. Failing to do so means they could be held liable under the “corporate negligence” doctrine.

    For example, if a hospital did not investigate the credentials of a physician prior to allowing him or her to treat patients, the corporate negligence doctrine could apply and you could hold the hospital liable for your newborn’s injuries.

    In many cases, physicians are considered independent contractors instead of hospital employees, which means the hospital would not be held liable for the doctor’s negligence. Instead, you would have to file a lawsuit against the doctor rather than the facility itself. That said, if hospital negligence was also a contributing factor, the hospital may also be liable.

    If you believe hospital negligence caused your baby's birth injury, call us at (410) 698-1717 today!

    Birth Injuries vs. Birth Defects

    There are several differences between birth injuries and birth defects that expectant parents should understand.

    While the terms “birth injury” and “birth defect” are sometimes used interchangeably, there is an important difference between the two. A birth defect is a condition that forms during a mother’s pregnancy, before the baby is born, and is in no way caused by the baby’s or the mother’s medical care. Instead, the condition often arises due to genetics. However, a birth injury occurs when there is physical harm done to the baby during the labor or delivery process.

    birth injuries versus birth defects

    The Long-Term Effects of a Birth Injury

    Given the sensitive nature of the birthing process, it’s absolutely vital that medical practitioners respond to events in the delivery room appropriately. Failure to do so can leave infants and mothers with devastating birth injuries.

    Intensive Rehabilitative Treatment

    Some birth injuries, including cerebral palsy (CP), may require physical therapy to help improve a child’s strength, flexibility, balance, and more. A child living with CP may need these therapies for the remainder of their life, as there is no cure for this condition. This may amount to hundreds of thousands of dollars in medical bills for the family, and emotional distress for the child.

    The Need for Assistive Devices

    Birth injuries that affect a child’s coordination and movement, including shoulder dystocia, Erb’s palsy, cerebral palsy, and more, may hinder a child’s development and motor skills. This may require the child to use assistive devices for movement.

    Mounting Costs

    The effects of some birth injuries are so severe that those affected may never be able to live on their own or earn an income. This can lead to high expenses in medical bills and lost wages for the victim and their families.

    Contact Our Baltimore Birth Injury Lawyers Today

    Brown & Barron, LLC is comprised of trusted, experienced, and skilled Baltimore birth injury attorneys. We know nothing is quite as heartbreaking as realizing your baby was harmed before, during, or after birth, which is why we are passionate in our pursuit of justice on your behalf. Our legal team has a proven track record of success, so you can rest assured you are in more than capable hands when you have us on your side.

    Interested in speaking to a member of our firm? Contact us at your earliest convenience by calling (410) 698-1717 to schedule your free consultation.

    Frequently Asked Questions

    • Q:What are the most common types of birth injury cases?

      A:There are many ways in which the birthing process can cause a preventable death or serious injury at a hospital. However, if any of the following situations occurred, you should contact Brown & Barron immediately: Cerebral Palsy (CP)
, Erb’s Palsy
, Brachial Plexus or Shoulder Dystocia Injury
, Hypoxic Ischemic Encephalopathy (HIE), Persistent Pulmonary Hypertension of the Newborn (PPHN), Brain Damage, Birth Trauma
, Placental Abruption , Fetal Acidosis, Retinopathy of Prematurity, Perinatal Asphyxia, Paralysis, Infection, Fetal Death
, Fetal Lacerations, Cephalohematoma, Caput Succedaneum

    • Q:How do I know if the hospital or doctor was responsible for my birth injury?

      A:If the unthinkable occurs during childbirth, it can be difficult to get answers from the hospital, especially if they suspect their own medical mistakes, malpractice, negligence, or flawed hospital policies were involved. You need a law firm that specializes in birth injury cases, like Brown & Barron, with the experience and experts (usually other doctors) to analyze whether or not your doctor and the hospital followed the accepted standard of care and gave the mother all the necessary information and advice. At Brown & Barron, we can help you report your incident, find out what happened, and get justice for your loved one.

    • Q:How long do I have to file a lawsuit in a case of a birth injury?

      A:The general statute of limitations in Maryland requires that the plaintiff file the lawsuit within three years from the date of the injury. However, if the individual did not know and could not have known of the injury until later, that person may have three years from the date of discovery of the malpractice — but not more than five years from the date of the incident. If malpractice is committed upon children, they have until their 21st birthday to bring a claim. There are some legal factors that determine when the clock starts ticking regarding the statute of limitations, so it is best to contact Brown & Barron as soon as you suspect a birth injury.

    • Q:How common are birth injuries?

      A:It has been estimated that 6.6 of every 1,000 babies born in the United States will be injured during birth. When birth injuries do occur, they are rarely minor (about 80% are classified as moderate to severe injuries).

    • Q:What is the difference between a “birth injury” and a “birth defect”?

      A:A birth injury occurs during the delivery of the baby. A birth defect occurs prior to the pregnancy (e.g., a genetic issue) or during pregnancy.

    • Q:Who can file a lawsuit in a birth injury case?

      A:In birth injury cases, both the parents and the child can have a claim against the care provider. The parents can have a claim related to the cost of any medical expenses, economic loss, and non-economic damage (e.g., pain and suffering) due to their child's injuries. The child can also seek compensation for any expenses, economic loss, and pain and suffering he or she will have after turning 18-years-old.

    • Q:What types of cases does Brown & Barron take?

      A:Brown & Barron specializes in cases of birth injuries, in which serious injury or death to the infant or mother has occurred due to medical mistakes, malpractice, negligence, or flawed hospital policy during the birthing process, throughout the state of Maryland and Washington, DC.

    • Q:Does Brown & Barron practice law in my area?

      A:Your loved one’s hospital must be located in the state of Maryland or Washington, D.C. for Brown & Barron to represent your case.

    • Q:What if Brown & Barron cannot take my case?

      A:You can report issues related to physician care to the Maryland Board of Physicians (MBP). You can also find out if a complaint has been filed against your physician. You can call the MBP at 410-764-4777 or 1-800-492-6836.

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    • “Brown & Barron provided efficient, straight-up, and straightforward services in my medical malpractice case”

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