A birth injury can change the course of a child’s life in an instant, leaving families grappling with not only medical uncertainty but also profound emotional and financial burdens. Among the most serious injuries that can occur during pregnancy or delivery is periventricular leukomalacia, a brain condition often associated with oxygen deprivation or inadequate blood flow before or shortly after birth. This type of injury can have permanent consequences and is often preventable with proper medical care. When doctors, nurses, or hospitals fail to act in accordance with accepted standards, and that failure results in periventricular leukomalacia, they should be held accountable for the losses caused by their negligence. If your child suffered injuries at birth, you have the right to seek compensation, and it is advisable to talk to an attorney as soon as possible. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys are dedicated to aiding families harmed by incompetent medical care in the pursuit of justice, and if you hire us, we will help you understand your rights and pursue the compensation you deserve.
Periventricular leukomalacia is a form of white matter brain injury that most commonly affects premature infants, although it can occur in full-term births under certain conditions. The injury involves the death or softening of brain tissue around the ventricles, often due to reduced oxygen or blood flow during critical periods of brain development. The white matter near the ventricles plays a key role in transmitting signals that control motor function, meaning that damage to this area can result in significant physical and cognitive impairments.
Children diagnosed with periventricular leukomalacia are at high risk for conditions such as cerebral palsy, intellectual disabilities, vision or hearing loss, and seizure disorders. The severity of these outcomes varies, but many children require long-term medical care, physical therapy, special education services, and assistive technologies. While some cases arise despite appropriate care, others are the result of missed diagnoses, delayed deliveries, or inadequate monitoring of fetal distress or maternal infection. In such cases, the consequences of medical negligence are permanent and profoundly life-altering.
When children suffer periventricular leukomalacia as a result of medical error, their families may have grounds to pursue a medical malpractice claim. Generally, a plaintiff harmed by substandard medical care will assert negligence claims against the defendant.
In Maryland, negligence is made up of four parts, all of which the plaintiff must prove to present a successful claim. The first part, duty, refers to the defendant’s obligation to provide the plaintiff with care consistent with the accepted standards of their profession. In obstetric and neonatal care, this can include monitoring for signs of distress, timely responding to complications, and taking appropriate measures to protect the health of both mother and child.
Once a duty is established, the plaintiff must show that the defendant breached the duty owed by demonstrating that the defendant’s actions or omissions fell below the applicable standard of care. Breaches may include failing to diagnose or treat infections, ignoring abnormal fetal heart rate patterns, or delaying a necessary cesarean section.
Finally, the plaintiff has to establish causation and damages. Causation is proven by showing that the defendant’s breach directly caused the injury. This is often the most medically and legally complex aspect of the case and typically requires expert testimony from physicians or specialists familiar with neonatal neurology and obstetrics.
To prove damages, a plaintiff must show that the injury caused measurable harm. In cases involving periventricular leukomalacia, the losses suffered are often extensive and long-term. Maryland law allows families to recover both economic damages, such as medical expenses, therapy costs, and future care needs, and non-economic damages for pain and suffering, emotional anguish, and loss of quality of life.
Periventricular leukomalacia can leave families facing unimaginable challenges, and when it is the result of incompetent care, it may be grounds for pursuing medical malpractice claims. If your child sustained injuries at birth, it is critical to understand your rights, and you should speak with an attorney. At Arfaa Law Group, our compassionate Baltimore medical malpractice attorneys understand the devastating impact careless medical errors can have on a family, and if you engage our services, we will fight tirelessly on your behalf. Our office is located in Baltimore, and we serve clients throughout the city and surrounding areas. You can contact us at 410-889-1850 or reach out online to schedule a free and confidential consultation.