Columbia Birth Injuries Lawyer
Birth Injuries and Medical Malpractice
Birth injuries are a specific type of medical malpractice case in Maryland. They have the same basic facets of other malpractice cases, but proof of negligence differs somewhat. To win a case for medical malpractice, the person bringing the lawsuit (the plaintiff) must prove:
- There was a doctor-patient relationship between the plaintiff and the defendant. Patients cannot sue a doctor who was not officially treating them.
- Negligence on the part of the defendant: The plaintiffs and their medical malpractice attorneys must prove the doctor was negligent in his or her care of the plaintiffs (the physician failed to meet the standards of care the medical community reasonably expects from a competent member of the profession).
- The medical provider’s negligence caused the patient’s injury. A birth injury alone isn’t sufficient for a lawsuit. The patient’s injuries must have been caused by the medical professional’s negligent action or inaction.
- The patient suffered some measurable damage. To sue for medical malpractice, the plaintiff must prove some measurable damage – physical pain, mental anguish, and added medical bills, among other things.
Specific Birth Injuries
Specific birth injuries that Discepolo LLP in Columbia, MD is prepared to build cases for include cerebral palsy, injuries resulting from failure to monitor the baby’s condition, brain damage resulting from birth hypoxia or other causes, Erb’s or Klumpke’s palsy, cesarean section complications, and other issues.
One of the worst health issues birth injuries cause is cerebral palsy, which is actually an umbrella term for several neurological disorders with similar symptoms. All these disorders hinder normal body movement and muscle coordination. Cerebral palsy is often the result of a lack of oxygen to a child’s brain or body during labor or at birth. Physicians consider it a non-progressive condition, meaning it does not improve with time.
A medical malpractice birth injury is not the only cause for cerebral palsy. In some cases, all the medical professionals involved in the birth acted competently, but they still couldn’t prevent the birth trauma. When cerebral palsy is caused by medical malpractice, it is often due to:
- Failure to detect or treat the mother’s infections during pregnancy
- Failure to monitor the fetus’ heart rate competently before and during birth
- Failure to detect an umbilical cord prolapse
- Failure to realize the baby is too large to safely pass through the birth canal and plan a cesarean section
- Failure to perform or delay in performing a medically necessary cesarean section
- Negligent use of medical instruments when performing the delivery
Hospitals have protocols in place dictating the monitoring of contractions, fetal heart rate, uterine over-stimulation, and other such signs of the baby’s condition. If health care professionals do not follow these protocols, it can mean serious injuries to the mother or the baby. Monitoring the baby’s oxygen levels are especially important, as a lack of oxygen can quickly cause serious brain damage and death. A health care specialist’s failure to follow medically dictated monitoring procedures is negligence and grounds for a birth injury medical malpractice case.
Birth Injury Attorneys in Columbia, MD
Discepolo LLP started their practice in Columbia, Maryland more than 15 years ago. In those years, they have worked on some of the most complicated cases of medical malpractice, including those cases of medical malpractice resulting in birth injuries. Now Discepolo has offices in several other states and offers co-counsel throughout the United States.
The birth of a child should be one of the happiest moments in parent’s lives. If this joyous time is made difficult by the negligence of a medical professional, contact Discepolo LLP to advocate for your right to compensation. Our birth injuries lawyers only charge a 20% fee of your settlement or award, rather than others who charge up to 40%. It is our belief that you deserve fair compensation for yourself and your family.