Cerebrovascular Accident at Birth

While people typically think of cerebrovascular accidents as something that impacts older individuals, an infant can suffer a cerebrovascular accident at birth. When an infant suffers a cerebrovascular accident during or shortly after birth, it is often due to a lack of oxygen. While cerebrovascular accidents may be unavoidable in some instances, in many cases, they are the direct result of medical negligence. If your child suffered a cerebrovascular accident, you may be able to pursue malpractice claims against their healthcare provider, and you should contact an attorney as soon as possible. The capable Baltimore birth injury lawyers of Arfaa Law Group take pride in helping families devastated by preventable harm obtain favorable results, and if you hire us, we will work diligently to help you seek justice for your losses.

Cerebrovascular accidents, or strokes as they are commonly known, happen when a baby’s brain is deprived of oxygen. A lack of oxygen may occur due to a blood clot or hemorrhage. Prolonged labor can also cause a lack of air in the birth canal, leading to a cerebrovascular accident. Strokes can also be caused by head trauma, injured arteries, untreated maternal infections, and dehydration. Infant strokes can cause permanent harm, including vision loss, paralysis, respiratory issues, developmental delays, and cerebral palsy.

While some cerebrovascular accidents that happen at birth are unavoidable, many are caused by inadequate medical care. For example, if a doctor failed to perform an emergency C-section despite signs that a fetus was in distress, it may lead to a cerebrovascular accident. Similarly, using forceps or vacuums during delivery can cause injuries to the head and brain that ultimately cause a stroke. As such, many parents of children who suffer strokes during or shortly after birth will pursue claims against the provider responsible for their child’s harm in a birth injury lawsuit.

Generally, a plaintiff pursuing damages in a birth injury case will need to prove the defendant’s negligence. In Maryland, establishing negligence requires the plaintiff to first show that the defendant owed the plaintiff a duty. In a medical malpractice case, the duty owed is to provide care that conforms to the applicable standard, which is the treatment that a competent professional working in the same specialty as the defendant would provide in a similar situation. The plaintiff then has to prove that the care or lack of care offered by the defendant breached the standard. Finally, the plaintiff must establish that the defendant’s failure to abide by the standard of care caused the plaintiff to suffer measurable harm. In other words, that if the defendant had not breached the standard, the plaintiff would not have been injured.

A plaintiff in a birth injury case will usually need to hire an expert to explain the standard of care and the ways in which the defendant failed to comply with the standard to the jury, and to link the plaintiff’s ultimate harm to the defendant’s acts or omissions. Expert testimony is also needed to explain what care the plaintiff required due to the harm suffered and what treatment they will need in the future. The expert typically will be someone who has experience working in the same specialty as the defendant.

Cerebrovascular accidents at birth can cause lifelong detriments, but in many cases, they could have been avoided if the healthcare providers tending to the infant and mother acted with due care. If your child suffered a cerebrovascular accident at birth, you and your child might be owed damages, and you should meet with an attorney to discuss your potential claims. The experienced Baltimore lawyers of Arfaa Law Group are proficient at navigating the complexities of birth injury cases, and we can advise you of your rights and aid you in pursuing the best outcome possible under the facts of your case. We frequently represent families in birth injury lawsuits in Baltimore, where our office is located. You can reach us through our online form or by calling us at 410-889-1850 to set up a confidential meeting.