Understanding Birth Injuries and Medical Malpractice in Maryland
Birth injuries are among the most traumatic (both physically and emotionally) experiences a family can endure. In some cases, birth injuries are unpreventable. However, some birth injuries occur due to medical negligence or substandard care by healthcare providers. When a birth injury occurs due to medical negligence or substandard care, it may be classified as medical malpractice. In Maryland, families affected by such injuries have legal avenues for seeking justice and compensation. Below is more on birth injuries and medical malpractice in Maryland.
What Is a Birth Injury?
A birth injury is any injury a baby suffers before, during, or directly after birth. Many newborns have minor injuries, such as minor swelling, as a result of the birthing process, and often, these injuries heal on their own over a short time without treatment. However, sometimes, babies suffer more severe injuries. Some birth injuries can cause serious complications, leading to a baby having a disability for the rest of their lives.
Types of Birth Injuries
Several types of birth injuries can occur before, during, or directly after childbirth. Birth injuries can range from mild to severe. The following are some common birth injuries;
- Brachial plexus injuries: These injuries occur when there is damage to the group of nerves responsible for movement and sensation in the arm and hand. These injuries can cause weakness, loss of movement, and loss of feeling. Often, brachial plexus injuries occur when the arm is forcefully pulled or stretched.
- Cerebral palsy: A group of disorders that affect the brain’s control over muscles and the nervous system. This injury is caused by brain damage shortly before, during, or after birth. Cerebral palsy can be caused by a reduction in blood or oxygen supply.
- Shoulder dystocia: Occurs when one or both shoulders get stuck inside the pelvis during birth. It can cause severe complications, such as nerve injuries.
- Erb’s palsy: A brachial plexus injury commonly caused by nerve damage from shoulder dystocia.
- Fractures: Babies’ bones can sometimes be fractured during .
Medical Malpractice and Birth Injuries
Birth injuries can occur due to numerous factors, some of which are beyond a medical professional’s control. However, some birth injuries occur due to medical negligence. Some common forms of medical negligence that cause birth injuries include;
- Inadequate fetal monitoring, such as failing to monitor the baby’s heart rate
- Improper use of delivery tools
- Failure to perform a timely C-section
- Not diagnosing or treating maternal infections
Legal Options for Parents
When a child suffers a birth injury due to the negligence of a medical professional, Maryland law allows the affected family to file a medical malpractice claim against the responsible healthcare provider. A medical malpractice claim requires the plaintiff to show that the defendant failed to meet the accepted standard of care. This is the level of care a competent healthcare provider would have delivered under the same circumstances. After proving a breach of standard of care, the plaintiff must show that the breach directly caused the harm.
There are time limits for filing medical malpractice claims in Maryland outlined under Maryland Courts and Judicial Proceedings Code section 5-109, so it is vital to contact an attorney as soon as possible after your child suffers a birth injury.
Contact a Towson Personal Injury Lawyer
Our Towson personal injury attorneys at Hardball Law are dedicated to helping parents whose children have suffered birth injuries navigate the complex legal process and seek the compensation they deserve. For help in Towson, Baltimore, and throughout Maryland, don’t hesitate to contact us.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-109
