For many parents, watching their child suffer from a lack of oxygen and develop conditions like cerebral palsy can be quite heartbreaking. But if the doctors could have prevented that in the first place, but were careless and negligent in their duties, then, the parents have the right to sue the doctors and file injury claims on behalf of their injured child.
If you reside in Maryland, you need to speak with our experienced Maryland birth asphyxia attorney about your case. The Birth Injury Lawyers Group has access to skilled birth injury attorneys who are dedicated to helping parents get justice and recover compensation for their child’s birth injuries.
For a free legal consultation, call 1-800-222-9529
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 birth injury, you have to show that they were negligent and that their negligence resulted in the child’s health problems. The process of proving negligence in a Maryland medical malpractice suit requires the establishment of the following elements:
- The medical practitioner owed your child and you an obligation to do their best in taking care of the child, but they failed in providing that.
- Because of their negligence, your child was asphyxiated or didn’t get enough oxygen when they born
- That lack of oxygen led to severe health conditions like cerebral palsy and you and/or your child had to suffer some losses
An experienced Maryland birth asphyxia lawyer can prove all three elements. The nature of these cases often requires meticulous investigations and thorough evidence gathering. As a result, your birth asphyxia attorney in Maryland may have to engage the services of expert witnesses, private investigators, and other relevant services.
Cases like this are best handled by lawyers who are very familiar with them. This is because you need the ability of a seasoned birth asphyxia lawyer in Maryland to identify the nuances and delicateness that can determine whether you get the full financial compensation you require.
Birth Injury Lawyer Near Me 1-800-222-9529
Life After a Birth Asphyxia Diagnosis
For parents of children who have been diagnosed with birth asphyxia, life is never the same afterward. Even when the child survives, they are often left with lifelong neurological health issues. This means that the child is likely to need full-time care for the rest of their life.
So, the child may require consistent treatment for as long as necessary. Because birth asphyxia often leads to hypoxic-ischemic encephalopathy, which in turn, leads to conditions like cerebral palsy, children who have to live with these conditions may require the following:
- Assisted mobility
- Lifelong medical care
- Corrective surgical procedures
- Prescription drugs for life
- Full-time care
- Special education
This often means that at least one parent may need to give up their career as someone has to be available to tend to the child. And even when you have access to specialized childcare options, the costs can be astronomical. The combination of all these can easily lead to financial devastation for the parents of these children.
As you can see, you need all the help that’s available to you. This is why you need to pursue your damages.
How to Know if You Have a Medical Malpractice Case
According to Johns Hopkins Medicine, medical malpractice is the third leading cause of death in the US. It is responsible for over 250,000 people, children inclusive. The sad thing is most of these deaths could have been avoided if the doctors, nurses, or other healthcare professionals, had been more careful or paid attention. Negligence on this scale is alarming, yet, that’s the reality of the day.
Unfortunately, only a few of these cases are identified as medical malpractice cases. In many instances, victims and/or their relatives assume that the condition was naturally caused, and there was nothing they could have 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, come and speak to us at the Birth Injury Lawyers Group. We have dealt with many cases like this, so we know what to look for, and will be able to tell you if you have a definite case of medical malpractice on your hands.
Common Causes of Birth Asphyxia that You Can Sue For
Barring obvious cases of medical mistakes like a surgeon forgetting forceps or gauze pads in someone’s stomach after surgery, wrong drug administration, or a medication overdose, medical errors are rarely glaring.
They’re usually more subtle, which makes identifying the liable parties very difficult. To help you understand this, here are some of the common causes of birth asphyxia:
- Poor or inadequate monitoring of the fetus during birth
- Lacking 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 clashes and laking 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 birth the child
- The hospital or clinic where your child was birthed
As small as that “circle” may seem, identifying the specific entities who were responsible for your child’s injury is a very difficult task. You see, the average medical team is trained to protect each other. The hospital does the same thing too. This is why even when a settlement is reached, there’s almost never any admission of guilt by the at-fault entities.
Also, because of the nature of these cases, they tend to take more time than they ordinarily should. So, while you’re waiting for the outcome, you’ll need to deploy various coping strategies to help you get through each day. This is why we encourage parents of children who are injured at birth to start the legal process very quickly, even when they don’t feel like it. If you do it on time, you’ll be thankful that you moved quickly.
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Hire a Birth Asphyxia Attorney in Maryland Today
No parent ever expects their child to have birth injuries. So, when this happens, it can be overwhelming. We understand that this is a very trying time for you. However, you need all the help you can get.
Raising and caring for a child with birth asphyxia is both financially and time-demanding. You need every cent you can get your hands on to give your child a fighting chance. A Maryland birth asphyxia lawyer can provide legal guidance and support that will help you pursue and recover the compensation that you need.
Get in touch with us today to discuss your case for free.