Birth injuries are a form of medical malpractice that occurs when a newborn child and/or the mother are hurt before, during, or shortly after childbirth. Many birth injuries cause permanent injuries that will stay with the child for the entirety of their lives. Taking care of a child with a birth injury can be incredibly expensive, too, as the child will need specialized medical care and around-the-house help, even as they mature into adulthood.
Birth injury claims should only be handled by skilled legal professionals, like our Bel Air birth injury lawyers from Portner & Shure, P.A. Our eclectic and experienced team have handled all sorts of birth injury claims in the past. All we have learned before and what we know of insurance companies can help with your claim or lawsuit today.
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Law Regarding Birth Injuries
Birth injuries can be caused by genetic abnormalities and health issues the mother experiences while pregnant. Drinking, smoking, and drug use can also increase the risk of a birth injury. A claim or lawsuit involving a birth injury will not normally be concerned with such causes of birth injuries, though. Instead, valid claims will deal with birth injuries caused by the medical malpractice of a medical professional.
The defendants in a birth injury claim could be a:
- Doctor
- Surgeon
- Nurse
- Obstetrician
- Pediatrician
- Hospital group
Medical malpractice occurs when a medical professional supplies treatment that falls below the acceptable standard of care, provides an entirely incorrect treatment, or does not provide necessary treatment at all. There is a serious legal issue with defining medical malpractice, though: it is basically undefined in the law. Instead, it can be said that medical malpractice has occurred if another medical professional in the same situation reasonably would not have done what the defendant did.
To win a medical malpractice claim, we will usually work with two or more medical experts to provide valuable insight and testimonies. Portner & Shure is famous among local medical and legal circles for never settling on just one expert testimony for medical malpractice claims.
Types of Birth Injuries
Common types of birth injuries include:
- Clavicle injuries: Collarbone fractures usually occur because of the improper use of forceps or vacuum extractors during delivery.
- Erb’s palsy: This birth injury 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 out of the birth canal, which can cause nerve damage to the head or shoulder.
- Brain bleed: A brain hemorrhage is often caused by the improper use of forceps or vacuum extractors during delivery or the use of too much force during delivery.
- Shoulder dystocia: When a baby’s shoulder or collar bone is pulled or twisted during birth, it can cause permanent nerve damage. Shoulder dystocia also happens often when the baby’s shoulder gets caught against the mother’s pubic bone. If a doctor panics and manipulates the baby’s head instead of performing the "McRoberts maneuver," the likelihood of shoulder dystocia can be high.
Damages in Birth Injury Cases
Birth injuries have lifelong effects that may rob the child of the chance to lead a comfortable life. The financial cost of future medical care required to alleviate some of the worst symptoms of a birth injury can often be devastating. Significant financial compensation will be required to let the child and the parents deal with medical bills and other costs.
Under Maryland law, a birth injury victim can claim economic and noneconomic damages. Economic damages are meant to compensate a victim for medical bills, future lost wages, and the cost of future medical care, which can be extreme in a permanent birth injury case. Noneconomic damages are meant to compensate a victim for the pain and suffering caused by their injuries, which can also be dramatic because the child will have a lifetime of hardships because of a doctor’s mistakes.
Litigation for Birth Injury Cases
Birth Injury cases are legally and factually complex. Oftentimes, evidence of wrongdoing is buried in medical records and confused in testimonies. Working with a birth injury attorney is almost a necessity, and it is something you should definitely consider upfront.
To win a birth injury lawsuit, you will have to prove with at least 51% certainty that the medical professional’s mistakes caused your child’s birth injury. Meeting this burden can be an even greater challenge due to the hawkish defense attorneys who are retained by medical malpractice insurance companies to defend medical professionals. If you are not prepared for their tactics, your case will start in a bad position.
Portner & Shure, P.A. – Get More!
Our Bel Air birth injury attorneys at Portner & Shure, P.A. have been successfully representing birth injury victims in Maryland Courts for more than 30 years. During this time, we have obtained excellent results and plenty of praise from our clients, as seen in the countless five-star reviews we have. The insurance companies know of our reputation and know that we are not easily intimidated. Hire us and see the difference that we can make for your birth injury claim.
