Trusted Baltimore Birth Injury Lawyers

Newborn babies and their mothers are particularly vulnerable during both the pregnancy and the birth process. This is an anxious yet happy time for any parent awaiting the family’s newest member. Unfortunately, pregnancy and childbirth do not always go smoothly. When the medical provider acts without due care and attention, the results can be catastrophic. Birth injuries are far more common than you might think. They occur in approximately seven in 1,000 births in Maryland. These injuries, which are often the result of medical negligence, can have lasting physical consequences for both the mother and child.

At Peter Angelos Law, we believe that all victims of medical malpractice deserve the chance to seek justice and compensation for their injuries, regardless of their financial situation. We offer a free consultation and free case evaluation to all potential new clients. This allows us to look at your case, answer any questions and advise you on the right course of action. We will tell you if your case is a valid one that we are willing to take on, and then you can decide on your next move. There are no strings attached, and if you decide to walk away at this point, you will have more knowledge than before.

You Can Afford Effective Legal Representation

Another part of our goal is to provide accessible representation to all victims through our fee structure. We work on what is called a contingency fee basis, also commonly known as no win, no fee. This means it costs nothing to retain us upfront, and you pay us nothing if we lose your case. When we are successful, we simply take a flat percentage fee from your settlement.

Our dedicated birth injury lawyers in Maryland are committed to advocating for your rights and recovering the compensation you deserve. We understand the challenges you may be facing, and we are prepared to do whatever it takes to help you navigate the legal process and seek justice.

Birth Injuries Are Often The Result Of Substandard Behavior

Our attorneys at Peter Angelos Law have successfully represented Maryland clients in a wide range of medical malpractice cases, including cases involving birth injuries. A “birth injury” is any injury that occurs before or during childbirth and negatively affects the mother and/or her child. Some birth injuries may heal in time, while others cause permanent harm. Unfortunately, some infants who suffer birth injuries may require lifelong, in-home medical treatment to manage their conditions.

Most birth injuries that stem from medical negligence fall into two categories:

Prenatal error: This type of error occurs because of a lack of fetal monitoring during pregnancy. If the fetus has problems and the doctor diagnoses the wrong condition or fails to diagnose a condition at all, this constitutes a lack of due care and attention. A common example may be that the fetus has a condition such as Down syndrome or cystic fibrosis. Often in these cases, one of the parents is a carrier of a disease, and it is up to the doctors involved to carry out the necessary tests and inform the parents so that they can take the appropriate measures.

Labor and delivery error: These are errors that occur during the birth process. They occur when the doctors fail to adhere to the medical practices or act without due care and attention during labor and delivery.

Medical malpractice often plays a role in birth injury cases, as health care providers may fail to adhere to the accepted standards of care, thus compromising the safety of the patient. To successfully pursue a medical malpractice claim in a birth injury case, the plaintiff must prove that the health care provider’s substandard behavior directly resulted in the injury.

Common Birth Injuries In Infants

The most common birth injuries include:

• Cerebral palsy: Cerebral palsy occurs when a newborn baby lacks oxygen to the brain during birth or pregnancy. Cerebral palsy can happen for unexplained reasons, but in some cases, it happens due to medical malpractice.
• Brachial plexus palsy: When a doctor or midwife improperly delivers a newborn baby, the newborn baby can suffer from brachial plexus palsy. This happens when there is damage to the nerves that carry messages to the arms and hands of the brain. These nerves are called the brachial plexus. The result of this is that the newborn baby may have a loss of function in their shoulders, arms or hands. Some brachial plexus injuries result in Erb’s palsy, a condition characterized by slowed muscle growth in the affected arm. Other brachial plexus injuries are more severe and may result in nerve damage and/or paralysis.
• Cephalohematoma: This is a condition that occurs when blood vessels are ruptured in the scalp during birth. It is often harmless, but if left undiagnosed, it can trigger other complications that could harm the newborn baby. Blood pools under the skull; if left untreated, it may calcify, causing deformity and requiring surgical intervention.
• Horner syndrome: Horner syndrome is the name for a type of damage to the nerves that connect the eyes to the brain. During childbirth, if the providers are not careful, the newborn can suffer trauma to the face, which leads to nerve damage. There is little to no treatment for this, and if the nerve doesn’t heal, it can lead to permanent facial nerve damage.
• Injuries from surgical instruments: Medical staff assisting in childbirth procedures should avoid using surgical instruments whenever possible. However, some situations may call for the use of extraction devices. When doctors use these tools inappropriately, the infant can suffer traumatic injuries, some of which may carry permanent effects.
• Improper use of vacuums: If the pregnant mother struggles to give birth naturally, physicians may decide to use an extraction vacuum to deliver the newborn baby. This decision needs to be made carefully, as there is a risk of several conditions and injuries. Conditions such as caput succedaneum, which occurs when the vacuum causes swelling or bruising of the scalp, can lead to jaundice and other issues that will require the newborn baby to need immediate treatment and may lead to potential long-term issues, including brain damage.
• Fractures: Broken bones are one of the more common types of injury, and many of them can be preventable, especially if the doctor had other choices such as turning the newborn baby or converting to a C-section promptly.
• Spinal injuries: One of the most serious and life-changing injuries that can happen to a newborn baby is damage to the spinal cord. Spinal cord injuries can lead to lifelong paralysis as the messages that are sent down the spine are interrupted.
• Injuries from failure to monitor: The staff handling the childbirth procedure must constantly monitor the vital signs of both the mother and her child. Failure to do so may mean one or both could face life-threatening complications. For example, if the mother suffers tearing or another injury and starts to bleed internally, failure to monitor her blood pressure could mean the medical team is unable to provide necessary corrective treatment in time to save her life.
• Failure to timely conduct a C-section: It is not uncommon for a mother to begin labor expecting to deliver her child vaginally only to experience complications that demand an emergency C-section procedure. Attending physicians and their support staff must know the warning signs of these situations and act accordingly. If it becomes unsafe to continue with natural childbirth, the doctor must move to conduct an emergency C-section as soon as the appropriate conditions appear. Failure to do so could lead to catastrophic or fatal injuries to the mother and/or child.
• Caput succedaneum: This is a swelling of the soft tissues on the baby’s head caused by pressure during delivery. It often resolves on its own within a few days and doesn’t typically lead to long-term complications.
• Intracranial hemorrhage: This is bleeding within the baby’s brain, often caused by trauma during delivery. Intracranial hemorrhage can range from mild to severe and may lead to developmental or neurological issues, depending on the extent of the bleeding.
• Facial nerve injury: Pressure on the baby’s face during birth can sometimes result in facial nerve injuries. These injuries can cause temporary weakness or paralysis on one side of the baby’s face, but they typically resolve over time.
• Hypoxic ischemic encephalopathy (HIE): HIE occurs when the baby’s brain doesn’t receive enough oxygen and blood during or immediately after birth. It can lead to neurological and developmental problems if not promptly treated.
• Shoulder dystocia: This occurs when the baby’s head passes through the birth canal, but the shoulders become stuck behind the mother’s pelvic bone. It can result in brachial plexus injuries or fractures and requires immediate medical attention.
• Intraventricular hemorrhage (IVH): IVH is bleeding into the ventricles (fluid-filled spaces) within the baby’s brain. It often occurs in premature infants and can lead to neurological issues.

It’s important to note that not all birth injuries result from medical negligence, as some may be due to natural complications or unavoidable circumstances. However, if medical negligence or malpractice is a contributing factor, seeking legal advice is essential.

When Birth Injuries Result In Wrongful Death

The worst possible result of a medical malpractice case is the victim’s wrongful death. A fatal birth injury or complication that leads to the wrongful death of the child is a terrible thing to deal with, especially when the injury could have been preventable. As a parent, you have the right to take legal action in this situation. Together with your attorney, you can bring a wrongful death case against the responsible medical provider.

While no amount of money will ever ease your grief, it can provide financial security. At the same time, you take the time to grieve, as well as compensate for the emotional distress and loss of companionship that you have had to suffer.

Your Maryland birth injury attorney from Peter Angelos Law will be able to answer any questions you have about a wrongful death claim and will guide you through the birth injury claim during this difficult time.

Common Forms Of Childbirth-Related Medical Negligence

While there are always risks during pregnancy, many of the above injuries occur when a medical provider behaves negligently. There are a huge number of different ways that substandard behavior can occur such as:

• The incorrect or improper use of tools used during the birthing process
• Incorrect or lack of fetal monitoring during pregnancy and labor
• Delayed or failure to give treatment during fetal distress
• Failure to convert to a C-section promptly
• Administering an epidural incorrectly

Negligence is laid out in state statute Maryland Annotated Code, Courts and Judicial Proceedings §3-2A. The Medical Malpractice Act states: “All claims, suits and actions… by a person against a health care provider for medical injury allegedly suffered by the person… are subject to and shall be governed by the provisions of this act.”

Identifying Birth Injuries In Newborns: Recognizing The Signs

Newborn babies are fragile, and birth injuries can have a lasting impact on their health and development. It’s important to be vigilant and watch for any potential signs that may indicate a birth injury. While some birth injuries are immediately apparent, others may take time to manifest. Look out for signs of birth injury symptoms such as:

• Difficulty breathing or abnormal breathing patterns
• Visible bruising, fractures or swelling
• Abnormal muscle tone such as stiffness or floppiness
• Unusual or excessive crying
• Inability to suck or swallow properly
• Failure to meet developmental milestones

You may also notice behavioral clues such as excessive irritability, difficulty sleeping or unusual body movements. If you notice any of these signs or have concerns about your newborn’s well-being, it is crucial to seek medical attention promptly. Early diagnosis and intervention can make a significant difference in your child’s outcome.

What To Do If You Suspect A Birth Injury

If you suspect that your newborn may have suffered a birth injury, you should consult with a health care provider who specializes in neonatal care. They will be able to assess your baby’s condition, order any necessary tests or imaging studies and develop a treatment plan tailored to your child’s specific needs.

Seek Timely Diagnosis And Medical Attention

Early intervention is key to managing and treating birth injuries. Depending on the severity of the injury at birth, treatment options may include physical therapy, occupational therapy, medication or surgery. Prompt medical intervention can also help prevent further complications and provide better outcomes for both newborn babies and mothers.

Be An Advocate For Your Child With Health Care Providers

You must communicate your concerns to your health care provider and seek a thorough evaluation of any potential injuries. Do not hesitate to voice your concerns or ask questions about your or your child’s condition. If you believe that your health care provider is not taking your concerns seriously or failing to provide appropriate medical attention, don’t hesitate to seek a second opinion.

Remember: You are your child’s best advocate, and your active involvement in seeking proper medical care can make all the difference.

Document And Preserve Evidence Of Birth Injuries

When a birth injury occurs, documenting and preserving evidence lays the foundation for a successful legal claim. Keep copies of all medical records, photographs and any other relevant documentation. Additionally, it is advisable to seek a medical opinion from specialists who can provide expert analysis and testimony if needed.

You don’t need to do all of this work before seeking legal counsel. A Baltimore birth injury attorney can help you document and preserve evidence. They can guide you on what evidence is most impactful and ensure that it is properly organized and ready for potential legal proceedings.

The Process Of Filing A Claim

To begin the process of filing your medical malpractice claim, you need to submit a claim to the director of Maryland Health Claims. This will start things off. Your Baltimore birth injury lawyer will be able to assist you in doing this and will be able to guide you through the malpractice claims process.

Proving Medical Negligence

Proving medical negligence in birth injury cases requires a thorough evaluation of the available evidence, including medical records, witness statements and professional opinions. A comprehensive review of the records can help determine if there is evidence of malpractice or medical errors such as a failure to identify signs of fetal distress or a breach of the standard of care during the delivery process.

Establishing medical negligence often hinges on the professional opinions of expert witnesses. Medical providers, such as obstetricians, neonatologists and pediatric neurologists, can provide invaluable evidence regarding the circumstances of the injuries and what transpired. Their testimony can help demonstrate how the doctor’s care was deficient and which parties were implicated in the mistakes, ultimately strengthening your birth injury claim.

Holding Health Care Providers Accountable

A successful medical malpractice claim can recover compensation for various types of damages, including medical costs associated with a child’s lifelong care following a traumatic birth injury. Our lawyers at Peter Angelos Law are passionate about helping clients hold health care providers accountable for their negligence, and they will work tirelessly to do the same for you. With a comprehensive case preparation and investigation process, our legal team will:

• Carefully review relevant medical records
• Coordinate with medical and economic professionals
• Construct cogent legal arguments
• Liaise with insurance companies to recover the compensation your family deserves.

We handle most of the difficult work on your behalf, leaving you free to take care of yourself and your family.

Do You Have A Strong Birth Injury Claim? Examine The Four Elements Of Negligence.

The strength of your case will be based on the four elements of negligence that your attorney will need to prove. These four elements are as follows:

Duty Of Care

You’ll need to prove that there was a duty of care owed by the party responsible to the victim at the time of the incident. In legal terms, a duty of care is the legal obligation of an individual or organization to take reasonable care and precautions to avoid causing harm or injury to others.

This is straightforward in medical malpractice cases, as all medical providers automatically assume a duty of care to their patients. They are obligated to provide treatment that meets the accepted standard of care for their field and act in the best interests of their patients.

Breach Of Duty Of Care

You must next prove that the provider breached their duty of care. You must demonstrate that their behavior was not in line with the standard of medical practice they owed you and your child, or that they deviated from the standards they have been taught to adhere to. This may be through an act or an omission of an act such as failing to provide adequate fetal monitoring.

Opinions from medical experts are critical in proving a breach of duty. Usually, these experts will compare your medical provider’s actions to what they believe a reasonable, trained medical provider would have done in the same situation.

Causation

The third element to prove for a negligence case is causation. Causation means that the actions of the medical provider directly caused the victim’s injuries. Because the injuries occurred in a hospital setting, you will have up-to-date medical records that show your or your newborn baby’s injuries and when they happened in relation to the negligent behavior.

Your attorney will examine all the medical records surrounding the event and should be able to prove that the injuries occurred during the birth or the labor.

Damages

Finally, you will need to prove that you suffered damages related to the at-fault party’s negligence. These are explained in the following section.

Types Of Damages Available In A Birth Injury Claim

“Damages” is a legal term meaning money owed for the harm suffered. In a birth injury case, there are numerous types of economic damages (anything that has cost you money as a result of the incident) and noneconomic damages (those without an objective cost). Specific examples of both types of damages include:

Medical Expenses

When your child suffers a birth injury through negligence, you should be compensated for all the medical bills you need to pay to provide your child with the highest quality of medical attention following the medical malpractice lawsuit. This should include all future costs.

Your attorney will need to contact medical experts who can help them accurately gauge what your child’s long-term treatment may cost. This needs to be done in a proficient manner, as you need to ensure that what you are seeking is an accurate representation of a lifetime of medical attention if your child needs it following their injuries.

This is the most important reason that you should decline any quick-fire settlement offers. Do not be fooled by the offer. It most likely does not reflect your child’s long-term medical costs. We recommend you discuss any settlement offer with your attorney.

Lost Wages/Income

In a successful birth injury malpractice case, you will also be able to document the lost income you and your spouse have suffered while you look after your child following their injuries. You should not be left out of pocket for time off that you should not have had to take. If your claim is successful, you will be able to recover all of your lost wages, and if you are going to have to take a prolonged period of time off work to care for the child, you deserve to be compensated for that as well.

In some cases, you can also seek damages for your child’s loss of future earnings if their injuries leave them unable to work or unable to earn as much as they otherwise would have.

Pain And Suffering

Pain and suffering damages cover all the trauma, pain and emotional distress that the victims have been put through. This includes the pain your child has been through, the loss of enjoyment they may face if they have been permanently injured and the emotional distress the parents have been through watching their child suffer.

Loss Of Companionship

In the most heart-wrenching of scenarios, your child may lose their life because of the careless actions of the medical providers entrusted with their care. In such instances, as a grieving parent, you may be entitled to seek justice and compensation for the profound loss of companionship.

How Peter Angelos Law Can Help With Your Birth Injury Case

Peter Angelos Law has a long history of successfully representing clients in a variety of cases. We understand the emotional and financial toll that a birth injury can have on a family. For this reason, we dedicate ourselves to constructing a compelling case on your behalf, ranging from case preparation and investigation to securing witnesses and testimony. You can rest assured that we will strive for the justice and compensation you rightfully deserve.

Case Preparation And Investigation

Our thorough preparation begins by submitting the claim and carrying out a comprehensive investigation of the case. This includes obtaining evidence to substantiate the claim such as medical records, professional opinions, witness statements, communication documentation, photographs and videos.

Throughout the investigation, our legal team conducts a detailed analysis of the birth injury’s circumstances to pinpoint potential negligent parties and initiate legal action for the injured parties. They will ensure that your claim is built on a strong foundation, clearly demonstrating the cause of the injury, who was at fault and why you deserve maximum compensation.

Professional Witnesses And Testimony

Peter Angelos Law utilizes its expansive network of qualified medical providers to serve as witnesses for birth injury cases. Their testimony can illustrate the full extent of the birth injury, highlight the deficiencies in the doctor’s care and identify the parties involved in the mistakes.

Important Maryland Birth Injury Laws

The statute of limitations and filing requirements cannot be overlooked when pursuing a birth injury claim. A procedural or administrative oversight must not be allowed to derail an otherwise actionable case.

Statute Of Limitations

The statute of limitations for filing a medical malpractice case in Maryland is three years from the date the malpractice injury or error occurred. However, there are exceptions to this rule, such as the minority exception, which allows plaintiffs who are minors (under 18) to initiate their claim until their 21st birthday. Failing to file a birth injury lawsuit within the statute of limitations can result in the dismissal of the lawsuit, precluding you from recovering compensation for the birth injury.

Filing Requirements

Filing requirements for birth injury cases in Maryland include:

• A formal medical board review
• Witness testimony from a qualified medical provider
• The lawsuit must be filed in the appropriate circuit court in Maryland

Our lawyers at Peter Angelos Law can assist you in meeting these requirements. They will also help you gather and organize essential evidence such as medical records, professional opinions, witness statements, photographs and videos.

Answers To Frequently Asked Questions About Birth Injury Litigation

Below, you will find answers to some commonly asked questions about birth injury claims:

Why should I hire a birth injury lawyer in Maryland?

Attempting to pursue any type of medical malpractice claim without legal counsel is a significant risk. You will not only need to meet the court’s strict filing requirements and deadlines but must also do so while managing the physical and emotional effects of the birth injury your family experienced. Hiring legal counsel means you can place your legal affairs in capable hands so your family can focus on healing and planning for the future.

Medical malpractice claims are also some of the most complex personal injury claims an individual can file. These cases have unique requirements such as a formal medical board review and witness testimony from a qualified medical provider. Without a lawyer, the average person will be unlikely to secure the evidence and documentation needed to succeed with their claim. Even if the claim is successful, self-filers are unlikely to obtain the full scope of their claimable damages.

What are birth injuries caused by negligence?

Birth injuries caused by negligence can occur in a variety of ways such as failing to treat fetal distress promptly, delaying or omitting emergency cesarean sections, failing to prevent preeclampsia, and not adequately monitoring and controlling oxygen intake, which can lead to brain injuries.

How can I prove medical negligence in a birth injury case?

To prove medical negligence in a birth injury case, an evaluation of available evidence such as medical records, witness statements and professional opinions must be conducted. A comprehensive review of the records will help determine if there is evidence of malpractice or medical errors.

What compensation can I seek in a birth injury lawsuit?

The compensation you may be entitled to in a birth injury lawsuit can include medical expenses, ongoing care costs, loss of future earning capacity, pain and suffering, and more. An experienced attorney can evaluate your case and help determine the appropriate amount of compensation to pursue.

How can I afford legal representation for a birth injury case?

Our attorneys work on a contingency fee basis. This means that they only collect a fee if they win your case, and their fees are typically a percentage of the compensation you receive. Contingency fees make legal representation more accessible for those who may not have the means to pay for upfront legal costs.

Does every birth injury case involve medical malpractice?

Not every birth injury case involves medical malpractice. When it does, most medical providers would be unwilling to admit error or negligence. Thankfully, an experienced attorney can evaluate your case to determine if medical negligence played a role in your child’s birth injury.

Are all birth injuries actionable?

You cannot bring a lawsuit against medical providers that have not acted negligently. Unfortunately, childbirth carries inherent risks, and sometimes, injuries are unavoidable. As long as your medical providers have followed the standards of medical practice and provided you and your child with adequate levels of monitoring, they may not be responsible for your child’s injury. If, however, your child has suffered an injury or birth defect and it could have been preventable, you may be entitled to bring a claim.

How long do birth injury cases take?

There is no standard length. In medical malpractice cases, an array of factors determines the timeline for reaching a resolution. In some cases, parties may offer birth injury lawsuit settlements early outside of court, often when the opposing party knows that they would likely lose in court against your attorney. However, some insurance companies may choose to extend the battle and contest you in court, as there is a possibility that they may triumph and avoid paying out compensation.

Do all birth injury cases go to court?

Around 70% of all medical negligence cases will be settled without the need for a trial. This is usually because attorneys try to only take on cases that have a strong chance of success. If an attorney believes the case is strong, it usually is. However, 30% of cases will still end up going to trial, and this means that you must ensure that your attorney is a fierce trial attorney.

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Contact Our Baltimore Office Today For A Free Initial Consultation

If your child’s birth injury was preventable and occurred due to the negligent behavior of a medical provider, you are eligible to recover compensation for your suffering and damages. These cases are extremely complex, and you will be pursuing compensation from an insurance company that most likely has an extremely capable legal team. You need a fierce advocate on your side – one with experience and a strong track record of success. Our Baltimore birth injury lawyers have successfully helped many Maryland families recover compensation for their birth injury claims, and they will put that experience to work for you.

Contact Peter Angelos Law today to schedule a free initial consultation. Just call 410-649-2000 or reach out online.