Debunking Common Myths About Birth Injury Cases in Maryland

A birth injury is one of the most devastating things a family can experience. Unfortunately, birth injuries are an often misunderstood topic. Many myths and misconceptions persist about these injuries that can prevent affected families from seeking the justice and compensation they deserve. In this article, our birth injury lawyer at Hardball Law debunks some of the most common myths about birth injuries in Maryland to help families better understand their rights and the realities of these injuries.

Myth #1: Birth Injuries Are Unpreventable

Truth: While some birth injuries are unpreventable, many of these injuries can be prevented. Mistakes such as delayed C-section, improper use of birthing tools, and failure to monitor the baby can cause birth injuries. Often, these mistakes stem from medical negligence. When medical professionals fail to adhere to the set standard of care and a child is harmed as a result, the child’s family may have a valid medical malpractice claim.

Myth #2: The Effects of Birth Injuries Can Be Identified Immediately

Truth: Some birth injuries take time to become apparent. Conditions like cerebral palsy or brachial plexus injuries may not be noticeable until months or even years after birth. The good news is that even when a birth injury is discovered at a later time, you may have legal options. Maryland law recognizes that some injuries take time to become apparent. According to the law, birth injury claims can be filed three years from the date of discovery for parents. For children, Maryland law allows them to file a claim any time before they turn 21.

Myth #3: Birth Injuries Only Occur During Prolonged or Difficult Labor

Truth: While prolonged or difficult labor can increase the risk of birth injuries, these injuries can happen due to various reasons. Some common causes of birth injuries include;

• Improper use of forceps and other delivery tools
• Delayed C-section
• Not monitoring the mother and baby
• Mismanagement of shoulder dystocia
• Ignoring signs of fetal distress

Myth #4: You Can Wait Until Your Child Is Older To Take Legal Action

Truth: While Maryland law gives you time to file your medical malpractice claim after discovering a birth injury, waiting to take legal action can hurt your claim. Over time, evidence can be lost or altered, memories may fade, or it may become hard to locate key witnesses. Acting as fast as possible allows you to collect strong evidence. So, if you suspect a birth injury, contact an attorney as soon as possible, even if the child is still young.

Myth #5: Birth Injuries Are Never Serious

Truth: While some birth injuries can heal over time if a child receives proper treatment, some injuries have lasting consequences. Some birth injuries can cause permanent disabilities, necessitating ongoing medical care and support.

Myth #6: The Medical Professional or Hospital Will Admit if They Made a Mistake

Truth: Rarely do medical professionals or hospitals willingly admit they made a mistake, as doing so can ruin their reputation and expose them to financial liability. It usually takes them facing legal action to admit they made a mistake.

Steps To Take if You Suspect a Birth Injury

If you suspect a birth injury, here are the steps to take;

• Seek medical attention
• Gather evidence, including all medical records
• Consult a birth injury lawyer

Contact Us for Legal Help

If you suspect a birth injury was the result of medical negligence, contact our experienced Towson birth injury lawyer at Hardball Law for legal guidance.