Watching your baby suffer from a lack of oxygen and develop conditions like cerebral palsy can be heartbreaking. But if the doctors or other healthcare providers negligently caused the situation, you have the right to file a malpractice claim and sue on behalf of your child.
If you reside in Maryland, you can speak with one of our experienced attorneys about your case. Our birth asphyxia lawyers in Maryland are qualified medical malpractice attorneys and are dedicated to helping parents get compensation for their child’s injuries.
Contact us today to schedule a free consultation with an experienced birth injury attorney.
What’s Required To File a Medical Malpractice Claim in a Birth Asphyxia Case?
Before you can bring legal action against a negligent medical practitioner for causing your child’s cerebral palsy or other birth injuries, you have to show that the practitioner was negligent and that their negligence resulted in the child’s health problems.
The process of proving medical negligence in a Maryland malpractice suit requires the establishment of the following elements:
- The medical practitioner owed your child and you an obligation to provide a reasonable standard of care but failed to do so.
- Because of the practitioner’s negligence, your child was asphyxiated or didn’t get enough oxygen at birth.
- That lack of oxygen led to a severe health condition like cerebral palsy, and you and your child suffered economic and non-economic damages.
An experienced birth injury lawyer can prove all three elements. However, the nature of these cases often requires meticulous investigations and compelling evidence. As a result, your birth asphyxia attorney in Maryland may have to enlist the services of expert witnesses, private investigators, and other specialists.
Cases like this are best handled by lawyers familiar with them. That’s why you need a seasoned birth asphyxia lawyer in Maryland who can identify the nuances that can determine whether you get the full financial compensation you deserve.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Life After a Birth Asphyxia Diagnosis
For parents of children diagnosed with birth asphyxia and complications such as intracranial hemorrhage, life is never the same afterward. Even when the child survives, they are often left with brain damage and lifelong neurological health issues. This means that the child is likely to need full-time care. It’s crucial that the child receive consistent treatment for as long as necessary.
Perinatal asphyxia often leads to hypoxic-ischemic encephalopathy, leading to conditions like cerebral palsy. Children who have to live with these conditions may require the following:
- Assisted mobility
- Full-time care
- Corrective surgical procedures
- Lifelong medical care
- Prescription drugs for life
- Special education
This often means that at least one parent may need to give up their career to be available to tend to the child’s special needs. And even when you have access to specialized childcare options, the costs can be astronomical. The combination of all these factors can lead to financial devastation for the parents of these children.
That’s why you need all the help that’s available to you and should pursue financial compensation.
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How To Know if You Have a Medical Malpractice Case
According to Johns Hopkins Medicine, medical error is one of the top three causes of death in the U.S. and is responsible for more than 250,000 deaths annually. Sadly, most of these deaths could have been avoided if the doctors, nurses, and other healthcare providers had been more careful or just paid attention. Negligence on this scale is alarming, yet, it’s an unfortunate reality.
Often, these incidents are not identified as medical malpractice. In many cases, victims and their relatives assume that the condition was naturally caused and that nothing could have been done about it.
Don’t be one of those people. Even if you have doubts or are unsure of the cause of your child’s medical condition, please reach out to us. Our lawyers have dealt with many cases like this and know what to look for. Taking advantage of a free consultation is the first step in determining whether you have a medical malpractice case.
"We know first-hand what you are going through."
Common Causes of Birth Asphyxia that You Can Sue For
Although glaring errors like a surgeon leaving forceps inside someone’s stomach after surgery do happen, medical malpractice is rarely that obvious.
Malpractice incidents are usually more complicated, making identifying the liable parties difficult.
Common causes of birth asphyxia include the following:
- Failure to monitor for fetal distress before and during birth
- Lack of clinical skills and knowledge
- Lack of compliance with established clinical procedures
- Failure or delay in referring the case to a senior medical professional
- Wrong drug administration or dosage
- Systemic issues like time conflicts and lack of departmental organization
Potentially Liable Parties
The good news is, even though there could be many causes, you can always narrow down the list of liable parties to the following:
- The child’s delivery and healthcare team, including the physician and nurses
- The doula or midwife who helped with the delivery process
- The hospital or birth center where your child was born
As small as that “circle” may seem, identifying the entities responsible for your child’s brain injury is often difficult. The average medical team is trained to protect each other, and the hospital does the same. This is why, even when a settlement is reached, there’s rarely any admission of guilt by the at-fault entities.
Also, because of the complex nature of these cases, the resolution may take longer than you expect. So, while you’re waiting, you’ll need to deploy various coping strategies to help you get through each day.
This is why we encourage parents of children injured at birth to start the legal process quickly, even when they don’t feel up to it. If you take action now, you’ll be glad you moved quickly.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Time Limit for Filing a Medical Malpractice Claim in Maryland
If you suspect medical malpractice caused your baby’s birth injury, remember that time is of the essence. Each state has a time limit for how long you may have to file a birth injury lawsuit with the court system. These laws are called “statutes of limitations.”
In Maryland, the statute of limitations for medical malpractice lawsuits, including birth injury claims, is generally three years from the injury date, as outlined in Maryland Statutes §5-109.
Barring unique circumstances, you must file suit within three years of the injury or the date you discovered it.
One of those special circumstances involves claims for those injured as minors. A young adult pursuing compensation for their own birth injury will have until their 21st birthday since the clock starts ticking when they turn 18.
An experienced birth injury attorney can explain how the statute of limitations applies in your case, and the sooner you take action, the sooner you can get justice and compensation for all you’ve endured.
Hire a Birth Asphyxia Attorney in Maryland Today
No parent ever expects their baby to be injured during birth. So, when it does happen, it can be overwhelming. We understand this is a very trying time for you, and we are here to help. A Maryland birth asphyxia lawyer can provide legal guidance and support to help you pursue and recover the compensation you need.
At Birth Injury Lawyers Group, we understand that raising and caring for a child who suffered from birth asphyxia is financially draining and time-consuming. That’s why we fight for the maximum compensation available so you can provide your child with the care and early interventions they need for a better future.
Contact us today to schedule a free consultation with a qualified medical malpractice attorney.
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