Baltimore Birth Injury Attorneys
Passionately Advocating on Your Family's Behalf
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.
Why Hire Brown & Barron, LLC?
- 75+ Years of Combined Experience
- Free, No-Obligation Consultations
- Millions Recovered for Our Clients
- Personalized & Tenacious Representation
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.
Common birth injuries include, but are not limited to:
- 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
- Fetal Death
- Bone Fractures
- Fetal Lacerations
- Caput Succedaneum
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.
What Are Common Causes of Birth Injuries?
Birth injuries are frequently caused by physical pressure during the birthing process. Assistive birthing devices, such as forceps or a vacuum, can increase the risk for a birth injury, as can a premature birth, a large baby, or a breech birth (feet-first delivery). Birth injuries can also occur when the medical professional responsible for the birth fails to utilize the degree of skill and care that another reasonable medical professional would have used under similar circumstances.
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.
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.
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.
How Long Do You Have to Sue for a Birth Injury?
In Maryland, the statute of limitations allows you to file suit 5 years from the date of the injury or 3 years from the discovery of medical malpractice, whichever is shorter. If your infant passed away as a result of a birth injury, you must file suit within 3 years of your infant’s death. Children who suffer as a result of a birth injury have until their 21st birthday to file suit.
The date by which you must file a claim can be a complex legal issue. You can learn more in the Maryland Law Library or consult with an attorney to determine the exact statute of limitations for your potential case.
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.
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.
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.
“The best professional experience I have ever been a part of.”- Darius L.
“Working with this law firm gave me confidence and comfort during an emotional and difficult time.”- AL
“Really great place! They treat you like family.”- Keyonia W