Compassionate Maryland Infant Brain and Birth Injury Attorneys
Medical malpractice lawyers holding negligent doctors accountable
When your doctor or obstetrician makes a preventable error during or after your pregnancy and delivery, your baby can suffer permanent physical damage as a consequence. These errors can lead to years of needless pain and suffering for your child, including brain damage, cognitive impairments, learning difficulties and physical challenges.
The Maryland birth injury attorneys at Plaxen Adler Muncy, P.A. understand the costs and issues involved with caring for a child with brain damage. The financial and emotional toll can be overwhelming. Our lawyers work nonstop to secure justice for your child and your family when they’re hurt by a preventable medical error.
How fetal and infant brain damage happens
During pregnancy and childbirth, brain damage can occur in a variety of ways – some preventable and some unfortunately unforeseeable. The most common cause of brain damage in an infant is loss of oxygen during childbirth (asphyxiation). A baby (or any person) suffers asphyxiation when the oxygen supply is cut off from the brain.
Without oxygen, brain cells begin to die – and the longer the brain is deprived of oxygen, the worse the damage becomes, resulting in neurological and cognitive impairments. Many asphyxiation injuries occur during birth complications involving the umbilical cord or placenta, or if the mother has an illness that affects the amount of oxygen the fetus receives.
You may also hear the words “hypoxia” or “anoxia” regarding oxygen deprivation. Hypoxia refers to a decreased amount of oxygen, which can cause permanent brain injury. Anoxia is much worse, meaning the baby is getting zero oxygen. Either condition means the baby is in distress, and its heart rate will slow down and, without treatment, the baby can die.
Brain injuries and other damage often occur as birth injuries as well, including cerebral palsy, which affects a child’s muscle and brain functions and can require a lifetime of physical and occupational therapy.
Was my baby’s brain injury medical malpractice?
There are times a baby may be born with brain damage due to unforeseen circumstances, like genetic factors or simply issues that even modern medical technology is unable to detect. However, there are also instances where birth injuries are preventable and occur due to medical errors and malpractice.
The following are several examples and circumstances where medical negligence can lead to brain injury during pregnancy and birth:
- Improper use of Pitocin
- Improperly or forcefully performed forceps or vacuum extractor delivery
- Failure to address umbilical cord entanglement in a timely manner
- Failing to deliver a baby immediately after shoulder dystocia
- Failure to perform timely C-section
- Failure to recognize fetal distress in a timely manner
- Failure to treat neonatal or maternal infections
- Placental abruption
- Untreated jaundice (hyperbilurubinemia)
When obstetricians, nurses or other medical professionals fail to diagnose or properly address complications during a pregnancy, there are permanent consequences. Their lack of care and responsibility can result in permanent brain damage and a life of disability for your baby. Our Maryland birth injury attorneys can and will help.
Compensation for infant brain and birth injuries
If your baby suffered a brain injury during the pregnancy or birth process and you believe it occurred due to medical negligence, you may be able to seek compensation on their behalf. Compensation for these types of cases typically provides you with the financial ability to cover medical bills, current and future costs of care, pain and suffering, and emotional pain – the money and security you need to ensure your child has the resources to thrive and grow as much as possible.
Statute of limitations for birth injury claims in Maryland
Birth injury claims must be filed within the appropriate statute of limitations here in Maryland. The statute of limitations for medical malpractice is that the claim must be filed within five years of the date the injury occurs or within three years of when you discovery the injury, whichever time is shorter. However, if the injury occurred while a child is a minor then the child has until three years after their 18th birthday to file the claim, so any time before they are 21 years old. However, the regular statute of limitations applies to any claim being made on the parent’s behalf, including the cost of medical expenses that are the responsibility of the parent.
As with any personal injury case, however, it’s important you begin working on your claim with an experienced attorney as soon as possible. The longer you wait, the higher the risk of valuable evidence and memories disappearing over time.
Compensation and damages
There’s no set number or formula on the amount of damages a family might receive in a successful birth injury lawsuit. Generally, however, compensation will cover all needed medical expenses related to the injury and resulting brain damage. You may also receive compensation for:
- Estimated costs of future medical expenses
- Lost wages if one or both parents took off work to care for their child
- Non-economic damages like pain and suffering, permanent disability and chronic pain
- Special medical devices and equipment
Skilled attorneys can calculate a fair cost for non-economic damages, using all the resources and research possible to come up with a reasonable number. When we take your case, we pledge to thoroughly investigate your claim, explain your rights and advise you on any settlements you may have been offered. We protect the interests of your child and work to ensure that no other baby is injured by the responsible parties again.
Experienced Maryland brain and birth injury lawyers
The birth injury attorneys at Plaxen Adler Muncy, P.A. fight for victims who can’t fight for themselves. Infants who experience trauma during pregnancy or birth because of a doctor or nurse’s mistake can suffer permanent brain injuries. We help hold the responsible people accountable, seeking compensation to help your child live a better life. To learn more, or to schedule a free consultation, please call 410-730-7737 or fill out our contact form.