Baltimore, Maryland Birth Injury Lawyer
Legal & Moral Support After the Unthinkable Happens
Instances of medical malpractice often leave victims permanently disabled. Birth injuries are a result of medical malpractice that an infant suffers when they are born. Unlike an adult whose life is permanently altered by medical malpractice, an infant that suffers a birth injury is robbed of the chance of leading a normal life. Birth injury victims require significant financial compensation to overcome the effects of their injuries.
Effective legal representation by a Baltimore, Maryland birth injury lawyer can increase the chances of victims obtaining the financial compensation that they deserve. The attorneys at Portner & Shure, P.A. have been successfully fighting for birth injury victims in Baltimore City, Maryland for more than 25 years.
Dial (855) 954-4141 today so that we can begin fighting for you.
Law Regarding Birth Injuries
Birth injuries result from medical malpractice that occurs during labor and delivery. Medical malpractice claims are personal injury claims that are made against a medical professional. To assert a medical malpractice claim, the victim must be able to prove that the care administered by a medical professional fell below the acceptable standard of care.
Medical malpractice claims are legally and factually complex. With regards to the applicable standard of care that a medical professional must follow, no written laws or standards define exactly what the appropriate standard of care is. Instead, the standard of care is defined as medical treatment that should have been provided by a medical professional that practices the same type of medicine as the negligent doctor. Stated more clearly, to establish the standard of care and how the treatment provided by the negligent doctor fell below that standard, expert witness testimony by a doctor that practices the same type of medicine is usually required at trial.
Causes & Types of Birth Injuries
Labor and delivery procedures are complex and difficult. Birth injuries occur during these procedures because medical professionals fail to provide competent care.
Common types of birth injuries include:
- Clavicle injuries: These are commonly known as collarbone fractures and usually occur due to a medical professional’s improper use of forceps or vacuum extractors during delivery.
- Erb’s palsy: This is a type of nerve damage that results in paralysis to the arm, shoulder, or potentially the entire body. This injury is usually caused by a medical provider that uses too much force to pull a baby from the mother, which can cause nerve damage to the head or shoulder.
- Prolapsed umbilical cord: This is an injury that occurs when an umbilical cord drops through the cervix into the vagina. This can result in a baby’s oxygen supply being cut off. This injury occurs due to a medical professional’s failure to diagnose the issue.
- Hypoxic-ischemic encephalopathy (HIE): This is a neurological birth injury. This injury occurs when there is a disruption of the blood flow or oxygen supply to the baby, which can be avoided if a medical professional properly employs a fetal monitor.
Damages & Financial Compensation
Birth injuries affect a person at the beginning of their life. To lead a normal life, extensive future medical care is required. Under Maryland law, economic and non-economic damages can be claimed by a birth injury victim. Economic damages are meant to compensate a victim for medical bills, future lost wages, and the cost of future medical care. Noneconomic damages are meant to compensate a victim for the pain and suffering caused by their injuries.
Litigation for Birth Injury Lawsuits
To win a birth injury claim, the victim must prove all the elements of their case by a preponderance of the evidence, i.e., 51%. Medical malpractice insurance carriers retain aggressive defense attorneys to defend these claims. These defense attorneys utilize every available tool and argument to prevent a victim from meeting this burden.
Along with this, the legally and factually complex nature of birth injury cases makes many attorneys hesitant to represent birth injury victims. This is because they fear the amount of time and resources that must be committed to win. As such, birth injury victims should seek representation by an experienced birth injury lawyer, such as the birth injury attorneys at Portner & Shure, P.A.
Why Hire Portner & Shure, P.A.?
The Baltimore birth injury attorneys at Portner & Shure, P.A. have been successfully representing birth injury victims from Maryland’s Chinese (Mandarin and Cantonese), Vietnamese, Korean, and Hispanic communities for more than 25 years. Because of the results we have obtained, insurance companies know of our reputation and know that we are not easily intimidated.
Portner & Shure, P.A., receives no fee unless we obtain a settlement or judgment in court for our client.
To schedule a free consultation regarding your Baltimore birth injury case, call (855) 954-4141 or contact us online.