The Centers for Disease Control and Prevention (CDC) documented around 3,659,289 births in the U.S. in 2021. While most births are a happy occasion for the family, there are times when the event can go horribly wrong. In these cases, mistakes by doctors, nurses, or other health care providers can leave the mother and baby with serious injuries. In some cases, these can lead to lifelong complications and even death.
If you have been affected by the medical negligence of a health care professional in Baltimore, Maryland law affords you certain rights. You may be able to seek compensation for your losses, including medical expenses, lost wages, and other damages.
At Belsky & Horowitz, LLC, we know the consequences of a Baltimore birth injury. The physical, financial, and emotional burdens can add to the stress of an already devastating situation. If you are ready to take action, make sure to contact our legal team. We are here to help families like yours recover from these incidents as best as possible. Initial consultations with a member of our legal team are always free.
What Birth Injuries Are
When a newborn or the mother suffers from any harm during the labor and delivery process, that is known as a birth injury. According to a research study by Medscape, it is estimated that six to eight newborns per 1,000 live births suffer injuries during the labor and delivery process in our country.
While many people refer to the concepts interchangeably, a birth injury and birth defect are not the same.
A birth injury occurs immediately before or while a baby is being born, often due to a medical provider’s negligence. Many times, this injury is the result of physical trauma or medical complications during childbirth. While some of these injuries can cause temporary injuries that will improve over time, others can lead to lifelong issues and permanent disabilities.
In contrast, a congenital disability, which is another way of referring to a birth defect, is a condition that develops during pregnancy. These issues occur due to genetic factors, environmental influences, or other prenatal conditions. While birth injuries are often preventable, birth defects are closely tied to the baby’s development in the womb.
Since birth injuries are preventable, all health care providers must take the appropriate measures to minimize the risk of them occurring. If they do not, and the injury was caused by medical malpractice, the affected families may be able to seek compensation for the injury and associated costs. If you or your child have suffered harm, be sure to reach out to our medical malpractice attorneys in Baltimore to discuss your rights. We offer free consultations.
Injuries That Occur During Childbirth
Mistakes can happen when a medical professional fails to provide the accepted level of care. In these cases, it can result in birth injuries. Some of the most common ones include:
- Erb’s Palsy affects the network of nerves responsible for controlling the arm muscles. Often, this is the result of excessive pulling on the baby’s head or shoulders during delivery. In turn, that can lead to muscle weakness, loss of motion, or paralysis in the affected arm.
- Cerebral Palsy is caused by oxygen deprivation during birth. This neurological disorder can affect movement, muscle tone, and posture. Many times, these individuals will have physical and cognitive impairments.
- Cephalohematoma involves the accumulation of blood between a newborn’s skull and the membrane. This injury can happen from the use of forceps or vacuum extractors during delivery, causing swelling on the baby’s head.
- Facial nerve injuries can occur if there is pressure on the baby’s face during delivery, especially if forceps are used. Many times, these injuries can lead to temporary or permanent facial paralysis, affecting one side of the face.
- Hypoxic-ischemic encephalopathy (HIE) can happen due to a lack of oxygen and blood flow to the baby’s brain during or around the time of birth. As a result, that can lead to developmental delays and motor impairments.
- Perineal tears develop in the area between the vagina and the anus. This can happen during vaginal delivery. Tears may range from first-degree to fourth-degree. Many times, these tears can lead to long-term discomfort and issues with bowel control.
- Postpartum hemorrhage (PPH) results in excessive bleeding after childbirth. This can occur after a medical procedure, such as a cesarean section. It can be life-threatening if not promptly treated.
- Uterine rupture is rare, but it can happen if there is a lack of medical care. Sometimes, the uterus can tear during labor. These injuries can lead to blood loss, endangering both the mother and the baby.
These injuries should never occur, especially if the mother and child were receiving adequate care during the labor and delivery process. If you or your baby has been injured, you will want to consult with the team at Belsky & Horowitz, LLC to understand the legal options available to you.
How Substandard Medical Care Causes Baltimore Birth Injuries
When health care providers fail to adhere to the appropriate standards of care during pregnancy, labor, delivery, or postpartum care, causing harm to the mother, the child, or both, that is medical negligence. No matter the circumstances, this can lead to potentially serious consequences.
Medical negligence, which leads to malpractice, can happen for many reasons, such as:
- Failure to diagnose or treat pregnancy complications: Sometimes, conditions like preeclampsia, gestational diabetes, or infections can be a risk to the baby and mother if not properly managed. When these providers fail to diagnose or treat these conditions, they can cause premature birth, low birth weight, or birth injuries.
- Improper management of labor and delivery: Any inadequate monitoring of the baby’s position, heart rate, or signs of distress during labor may result in Cerebral Palsy, brachial plexus injuries, or even stillbirth. Often, this occurs due to the lack of timely interventions, such as a cesarean section.
- Negligence during delivery: If assistive tools are needed, then the health care professional needs to use them in an appropriate manner. Even a failure to perform an emergency C-section or mishandling of complications can end up in a uterine rupture or shoulder dislocation.
- Errors in medication administration: If anyone administers the incorrect medications or dosages to the mother during pregnancy or labor, that can also result in developmental issues or birth injuries.
- Inadequate postpartum care: After the birth, if the medical professionals fail to recognize and treat conditions like jaundice or infections, that can also lead to long-term health problems for the infant. Mothers also need to be monitored after delivery. If postpartum hemorrhage, infections, or deep vein thrombosis are not discovered and treated, they can have life-threatening consequences.
If any medical negligence harms the mother or child, they could seek compensation in the form of a medical malpractice lawsuit. However, proceeding through the process requires a skilled Baltimore birth injury lawyer. Contact us today to learn more about your legal options.
Who Can Be Accountable for Injuries During the Labor & Delivery Process in MD?
When a Baltimore birth injury occurs due to medical negligence, several parties may be held accountable. Liability can extend to parties such as:
- Obstetricians and gynecologists
- Nurses and nursing assistants
- Anesthesiologists
- Hospitals and medical facilities
- Medical equipment manufacturers
- Pharmaceutical companies
Proving a Baltimore Birth Injury Case
Maryland law requires plaintiffs in a medical malpractice case like this to prove several different elements to be eligible to recover compensation. These include:
- Duty of care: The injured party must show that the medical provider, whether a doctor, nurse, or hospital, owed a legal duty of care to the mother and baby during pregnancy, labor, and delivery.
- Breach of duty: Along with that, the health care practitioner must have breached their duty of care by failing to act by the accepted medical standards. Misdiagnosis, delayed treatment, improper use of medical instruments, or failure to perform a necessary C-section are some examples of this negligence.
- Causation: There needs to be a direct link between the medical professional’s breach of duty and the birth injury suffered by the child or mother.
- Damages: The main point of any lawsuit is to seek damages from the responsible party. The injured party needs to show that a breach of duty led to actual damages, such as physical, emotional, or financial harm.
How a Birth Injury Lawyer Can Help You
If you want to file a medical malpractice claim for a Baltimore County birth injury, you will need legal help. These cases often require the introduction of medical experts who can corroborate your claims of misconduct. When you meet with a lawyer, they will evaluate the details of the case to determine whether there is a viable claim for medical malpractice or negligence.
Your childbirth injury attorney will also obtain and analyze medical records related to the incident, including prenatal care, labor and delivery notes, and postpartum care documentation. Since determining liability can be challenging, especially in these cases, your lawyer will work to demonstrate that the health professional who was treating you breached their duty of care and that this violation of their duty directly caused the birth injury you or your baby suffered.
Once that is completed, they can take the appropriate action, whether through negotiations with the practitioner’s or medical facility’s insurance company or by filing a lawsuit. When you work with a birth injury lawyer in Baltimore, you can make sure your rights and interests are protected throughout the process.
Let Belsky & Horowitz, LLC Help With Your Case
If you or your infant has been injured by a negligent doctor, nurse, or other health care professional, you can seek compensation for medical expenses, lost wages, and other losses you incurred.
You need to contact a medical malpractice attorney to help take on these reckless parties. Birth injury claims are complex. For that reason, you need the lawyers at Belsky & Horowitz, LLC to help you get started with your Baltimore birth injury claim. Learn more about your rights and options. Contact our law firm today.
