Birth Injuries

Birth Injuries refer to preventable birth injuries and defects that occur as a result of an illness or trauma or other process that interferes with the normal development of the fetus and the result of labor mismanagement on the day of birth. While medical malpractice can cause a birth injury, not all birth injuries are the result of medical malpractice. 

Types of Birth Injuries

Prenatal birth injuries can occur from medications prescribed and taken during pregnancy. Exposure to toxic chemicals and genetic conditions can are also results. Prenatal events are rarely the result of inappropriate medical care but they can be which is why you need to speak with an expert birth injury attorney as soon as you suspect a problem.

Perinatal injuries and are usually the result of blood loss, trauma or oxygen deprivation during the birthing process. Some common perinatal injuries include:

• Cerebral palsy
• Hypoxia (oxygen deprivation)
• Hypoxic ischemic encephalopathy
• Shoulder dystocia/Erb’s palsy/Brachial plexus injuries
• Brain damage/injury
• Developmental disorders and delays
• Preeclampsia and eclampsia
• Cesarean Section

Perinatal birth injuries are typically the more common type of birth injury claim.

The Birth Injuries Claim

In Maryland, birth injuries are included under the umbrella of medical malpractice and the same rules regarding the claims and proofs apply.

Standard of Care: You must prove that the healthcare professional that treated you breached or violated the standard of care for your community. This is the generally accepted procedures and practices used by medical professionals when treating patients with a particular disease or disorder.

Cause: You must prove that this violation of the standard of care caused the harm or damage.

Damages: You suffered physical, financial, emotional, and other harm as a result of the harm and are seeking compensation. Damages is the term used to categorize financial awards made to plaintiffs and can be compensatory or punitive. Compensatory damages are money paid to compensate for the loss the plaintiff suffered, including financial and emotional. Punitive damages are meant to punish the defendant. In Maryland malpractice cases, this requires proof that the healthcare provider had “malicious intent” or violated several standards of care. Punitive damages are rarely awarded in Maryland malpractice cases. Non-economic damages for medical malpractice in the state of Maryland are limited to$770,000.

Statute of Limitations: You must file birth injury claims before your child reaches 11 years of age. There are two exceptions to this rule. If the injury involves your child’s reproductive system or a foreign body negligently left inside your child’s body, the statute of limitations extends to your child’s 16th birthday.

Seek Representation

If you believe you (unnecessary cesarean section) or your child has experienced a birth injury, contact qualified legal representation immediately. Select an attorney who knows the specifics of birth injury cases and as the medical experts on hand to support your claim.

The law office of Zewdu Alem & Associates has the expertise and resources to represent you and your child. The statute of limitations may bar your claim if you don’t act in a timely manner. Call us at (301) 608-1133 or contact us through Inquiry@alemlawgroup.com to set up an appointment.