Giving birth is often a demanding process, and most expectant mothers anticipate they will have to contend with some degree of aches or pains after their children are born. Unfortunately, however, some women suffer harm that exceeds what is typical, resulting in permanent detriments. In many instances, such injuries could have been avoided and only arise due to the recklessness of the medical professionals attending to the mother during birth. If you suffered childbirth injuries, you might be owed compensation, and you should consult a lawyer about your potential claims. The knowledgeable Baltimore medical malpractice attorneys of Arfaa Law Group proudly help people hurt by medical negligence in the pursuit of justice, and if you engage our services, we will diligently seek the best outcome possible under the facts of your case.Issues that Lead to Childbirth Injuries
Generally, childbirth injuries arise when fetuses are atypically large, or the mother delivering an infant has a small or unusually positioned pelvic bone. For example, if a baby is large or a birth happens rapidly, the mother may suffer vaginal tears. While some degree of tearing occurs in many births, significant tears are less common. Substantial tears often require surgical repair and can lead to incontinence and painful intercourse. A woman delivering a large baby may also sustain bone injuries like a separated pubic symphysis or fractured coccyx.
Uterine ruptures, while rare, may also arise when babies are atypically large. Ruptures can be caused by trauma but often happen when the size of the infant creates a strain on a uterine scar from a prior C-section, causing it to rupture during vaginal delivery. Ruptures can lead to urological injuries, hemorrhaging, and in some cases, death. Some injuries are unrelated to the size of the infant, however. For instance, uterine inversion, which occurs when the placenta remains attached to the woman's uterus and ultimately causes it to turn it inside out, is a serious childbirth injury that can lead to critical complications and may require an emergency hysterectomy.Recovering Damages for Childbirth Injuries
In many cases, childbirth injuries can be prevented via thorough and attentive care. Thus, doctors that recklessly allow women to suffer such harm will be deemed liable for medical malpractice. Typically, a plaintiff seeking damages for malpractice will assert a medical negligence claim against the defendant. In Maryland, proving negligence in the context of medical care requires a plaintiff to show that the defendant owed the plaintiff a duty to comply with the standard of care, which is the treatment a reasonable professional working in the same specialty would provide when presented with a similar situation. Typically, the plaintiff will have to retain a medical expert to testify regarding what the standard of care requires.
Next, the plaintiff must show that the defendant breached the standard of care, which usually requires expert testimony as well. Finally, the plaintiff must link the defendant's breach to the harm she ultimately suffered. In other words, the plaintiff must show that if the defendant did not depart from the standard of care, the plaintiff would not have suffered childbirth injuries.
A plaintiff that successfully demonstrates a defendant's fault may recover compensation for both the economic and intangible losses sustained. Economic harm includes the cost of any medical treatment needed due to the injuries, out-of-pocket expenses, and lost wages, while intangible harm typically includes mental trauma, pain, and suffering. If the woman was married at the time the injuries occurred, her spouse might be able to recover damages for loss of consortium as well.Discuss Your Harm with a Capable Baltimore Attorney
While childbirth can be rigorous, women should not have to suffer needless harm during the process. If you sustained childbirth injuries due to an inattentive physician, you have the right to seek damages, and you should discuss your potential claims with an attorney. The capable Baltimore lawyers of Arfaa Law Group are skilled at demonstrating negligent healthcare providers should be held accountable for the harm they cause, and if we represent you, we will work tirelessly on your behalf. We have an office in Baltimore where we frequently represent people in medical malpractice lawsuits. You can contact us via our form online or at (410) 889-1850 to schedule a meeting.