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Damages in Birth Injury Cases

Medical Malpractice Attorneys Representing Baltimore Families

The joy of having a baby can rapidly became a tragic event when a birth injury or trauma take place. Birth injuries can have catastrophic consequences for a child’s life. If your newborn sustained a birth injury because of a doctor’s mistake or carelessness, we may be able to assist you and your family. Depending on the circumstances of your case, you may be entitled to significant compensation for your injuries. Our Baltimore birth injury lawyers understand the intricacies of Maryland medical malpractice law, and can potentially apply our knowledge in your case.

Types of Birth Injuries

A birth injury is any damage or injury to the child before, during, or just after the birth. Birth injuries may range from minor to severe. A child can be temporarily injured from a birth injury or become permanently disabled, requiring lifelong care. In the most serious cases, a birth injury can lead to death. While the specific ways a birth injury takes place can differ in every situation, it generally involves one of two scenarios: either the doctor’s failure to evaluate or respond to circumstances during the time surrounding childbirth, or injuries during prenatal care. Common types of birth injuries include:

  • Brain injuries (i.e., cerebral palsy);
  • Brachial plexus injuries (i.e., Erb’s Palsy);
  • Bruising or injuries from forceps;
  • Spinal cord injuries;
  • Oxygen-related birth injuries;
  • Preventable infections;
  • Excessive bleeding and/or
  • Soft tissue injuries.
Filing a Malpractice Case After a Birth Injury

If your child has suffered a birth injury due to a medical professional’s error or carelessness, you can likely file a medical malpractice claim against that medical professional. A Maryland medical malpractice claim is a type of civil claim that is intended to hold medical professionals accountable for their negligent behavior. In order to prove medical malpractice, the plaintiff is required to demonstrate that the medical professional failed to exercise reasonable care with regard to the patient. Reasonable care refers to how another medical professional in the same specialty would have acted in the same or similar circumstances. It must also be shown that the medical professional’s failure to use reasonable care was a direct cause of the patient’s injury. A skilled medical negligence lawyer can assess whether you will be able to fulfill these elements based on the facts of your case.

Damages in Birth Injury Cases

A birth injury can cause serious physical, emotional, and financial hardship. When birth injuries happen as a result of a medical professional’s negligence, compensation can help with medical, educational, and rehabilitation costs for your child. As such, if a child suffers from an avoidable birth injury, the damages awarded as part of a lawsuit can include compensation for medical bills, pain and suffering, loss of future earnings, loss of enjoyment of life, cost of assistive devices (i.e., wheelchairs), and more. It is important to note that damages are awarded to fit the injury, which means the specific amount of damages in a birth injury case a plaintiff will be entitled to will vary depending on the situation.

When a child is born with a birth defect, the parent also suffers. Maryland law recognizes this and allows parents to file a claim for emotional distress arising from the baby's birth defect. When a birth injury leads to the death of a child, parents may be able to recover wrongful death damages such as medical expenses incurred prior to death, funeral and burial costs, loss of companionship, and more.

While it is rare, punitive damages are awarded in cases where the medical professional has committed malpractice in a particularly egregious manner. These damages are intended to punish medical professionals for their negligence as opposed to compensating patients for their harm. Examples of egregious conduct include being drunk or under the influence of drugs while treating a patient, committing sexual misconduct involving a patient, or deliberately lying to the patient.

Contact a Dedicated Birth Injury Lawyer in Baltimore

A birth injury can have a devastating impact on a child’s life. If your child has suffered preventable harm under these circumstances, you may be entitled damages in a birth injury case. At Arfaa Law Group, our highly skilled birth injury attorneys offer competent and compassionate representation to medical malpractice victims in Baltimore and across Maryland. With extensive experience in this area of law, we understand how to effectively advocate for your rights. We are here to help you understand your options and address any concerns you may have throughout the legal process. For more information, please call us at 410-889-1850 or contact us online.