Every healthcare professional has a duty to provide a standard level of care. This is particularly important when it comes to pregnancy, labor, and delivery. Your obstetrician, nurses, and anesthesiologist need to take care to provide an acceptable level of treatment while keeping you informed so you can make the right choices about your care. Any errors, acts of negligence, or instances of wrongdoing that result in substandard care can have disastrous effects for you and your baby.
If your child was diagnosed with cerebral palsy, if you had a difficult delivery and now your child is exhibiting signs of developmental delays, or if your child suffered physical trauma during birth, now is the time to talk to the skilled birth injury lawyers at Portner & Shure. We serve all of Maryland, Virginia, Washington, D.C., and North Carolina and can determine whether you have a case. Your child may require a considerable amount of care and ongoing support – and we are here to pursue the compensation to provide for this.
What Is a Birth Injury?
Generally speaking, a birth injury may be described as any injury sustained by mother or baby during labor or delivery, or just after delivery. The fact that a birth injury occurred does not necessarily mean that malpractice was its cause. Some complications arise that even the most diligent and experienced doctor could not predict nor manage, and it is therefore important to distinguish between standard and substandard care.
As birth injury attorneys with extensive experience in this complex field, we can identify true medical errors that cause preventable injuries. We take on cases involving:
- Delayed C-sections
- C-section errors
- Anesthesia errors
- Fetal monitoring errors or negligence
- Failure to respond to fetal distress
- Mismanagement of shoulder dystocia
- Mismanagement or failure to respond to childbirth complications
- Failure to recommend C-section in high-risk delivery
- Improper use of forceps or vacuum extractor
- Failure to diagnose and treat severe jaundice
- Medication errors
If your doctor did not provide standard care and this caused you or your child harm, we can get to the bottom of it and determine how to prove fault. This will help us recover fair, complete compensation for your child – for his or her lifelong care.
Disabilities Caused by Preventable Birth Injuries
Preventable medical negligence during childbirth can lead to a wide range of disabilities, many of which require lifelong care and support. Some common conditions include:
- Cerebral Palsy: One of the most common and severe birth injuries, cerebral palsy is often caused by oxygen deprivation during childbirth. It affects motor control, muscle tone, and coordination. Children with cerebral palsy may experience difficulty walking, speaking, and performing daily tasks.
- Brachial Plexus Injuries: Brachial plexus injuries occur when nerves in the shoulder and arm are damaged during delivery, often due to excessive pulling or the misuse of forceps. The result can include paralysis or limited mobility in the affected arm.
- Brain Damage: Lack of oxygen or physical trauma during delivery can lead to permanent brain damage, impacting cognitive abilities, memory, and overall development.
- Developmental Delays: Certain injuries may not show immediate symptoms but can result in delayed milestones, such as learning to walk, talk, or develop motor skills.
- Hearing and Vision Loss: Birth injuries can sometimes damage hearing or vision, resulting in partial or complete impairment.
- Spinal Cord Injuries: Excessive force or improper medical procedures can lead to spinal cord damage, causing paralysis or other mobility issues.
If your child exhibits any of these disabilities and you believe medical malpractice may be the cause, consult with our experienced birth injury attorneys to protect your family's future.
Early Signs of Birth Injury Caused by Medical Malpractice
Recognizing early signs of a birth injury is crucial. While some are immediately apparent, others may take months or years to manifest, potentially causing lifelong disabilities, a serious concern, especially in areas with high infant mortality rates like Washington D.C. Be vigilant for potential indicators in your newborn.
Changes in movement can be telling, though some signs may have other causes. These include light sensitivity, lethargy, seizures, back arching while crying, breathing or swallowing difficulties, eating problems, persistent fussiness, excessive crying or grunting, nausea, and vomiting. Early diagnosis is difficult, as conditions like cerebral palsy often aren't diagnosed until later.
A baby's overall health can also offer clues. Watch for vision changes, dizziness, fever, hearing loss, low heart rate or blood oxygen, persistent coughing, constipation, headaches, jaundice, wheezing, pale skin, anemia, or fluctuating blood pressure.
Muscular and bone issues can also indicate injury. Signs include a "claw-like" hand, fractured skull, weak or writhing movements, unusual back hair patterns, favoring one side, missing reflexes, and alternating muscle stiffness. A bent arm or hand can also be a sign.
Seriously injured newborns often show a combination of these signs, which may worsen. Later-manifesting injuries may appear as developmental delays. If you have concerns, consult a medical professional for diagnosis and care.
National Statistics on Birth Injuries
Birth injuries happen more frequently than many realize. Here are some key statistics to provide context:
- Approximately 7 out of every 1,000 births in the U.S. result in some form of birth injury.
- Cerebral palsy affects about 1 in 345 children, making it one of the most prevalent birth-related disabilities.
- Mismanaged deliveries account for nearly 30% of malpractice claims in obstetrics.
- The economic costs for a child with a severe injury, such as cerebral palsy, can amount to over $1 million across their lifetime.
These staggering figures highlight the critical importance of holding negligent medical professionals accountable.
Possible Damages Recoverable in Birth Injury Cases
Families affected by birth injuries may be entitled to significant compensation, which covers both economic and non-economic damages, including but not limited to:
- Medical Expenses: Current and future costs for surgeries, medications, therapies, and long-term care.
- Rehabilitation Costs: Compensation for physical, occupational, and speech therapy to support your child’s development.
- Lost Wages: Recovery for a parent who becomes unable to work due to the demands of caring for an injured child.
- Pain and Suffering: Damages for the emotional and psychological toll on both the child and family members.
- Special Education Costs: Coverage for tutoring, specialized learning programs, or adaptive technologies required for your child’s education.
- Home Modifications: Funds to make your home accessible, such as wheelchair ramps or lifts.
- Punitive Damages: Additional compensation intended to punish egregious medical negligence.
Our attorneys fight tirelessly to secure compensation that addresses both immediate needs and the lifelong challenges your child may face.
How an Attorney Can Help You
Navigating a birth injury case can be overwhelming, but having a skilled attorney by your side can make all the difference. Here’s how we assist our clients throughout the process:
- Case Evaluation: We start with a comprehensive review of your case to determine if medical negligence occurred.
- Expert Testimony: We work with medical experts who can pinpoint where the standard of care was violated.
- Filing Claims: From handling paperwork to negotiating with insurance companies, we manage all legal aspects of your case.
- Settlement Negotiation: Most cases settle out of court, and we negotiate aggressively to maximize compensation.
- Trial Representation: If settlement talks fail, we are prepared to present a compelling case in court for a fair outcome.
Our goal is to alleviate your legal burden so you can focus on what matters most—caring for your child.
Protect Your Child's Rights: Birth Injury Attorneys
If you believe your child’s birth injury may be linked to medical negligence, don’t wait. The sooner our birth injury attorneys can evaluate your case, the better we can protect your legal rights and pursue justice on your behalf. Your child deserves the best care and support—we’re here to help you secure it.
If you suspect your child has suffered a birth injury related to medical malpractice, please contact our birth injury attorneys as soon as possible for a FREE case evaluation. Portner & Shure serve clients in the D.C. area, Maryland, Virginia, , and North Carolina.
