At birth, babies have relatively soft and fragile skulls. As such, they can fracture somewhat easily, which can lead to a host of additional concerns. For example, skull fractures can lead to leptomeningeal cysts, which can cause permanent brain damage. Many of the fractures that result in leptomeningeal cysts are caused by negligent medical care during labor and delivery, and providers that carelessly cause birth injuries should be held accountable. If your child suffered harm at birth, it is wise to speak to an attorney about your rights. The dedicated Baltimore birth injury lawyers of Arfaa Law Group take pride in helping people recover compensation for the losses caused by medical negligence, and if you engage our services, we will aggressively pursue any damages you may be able owed.Factors That Cause Leptomeningeal Cysts
Leptomeningeal cysts, also referred to as craniocerebral erosion and growing skull fractures, are not actually cysts; instead, the name refers to a loss or softening of brain tissue that slowly increases following trauma to the skull. Leptomeningeal cysts often arise after difficult births. As such, they can often be avoided via cesarean delivery. For example, they are more likely to occur in premature babies or large babies or whose heads are too big to fit through their mothers’ pelvises. Babies in an abnormal position at birth, like face-first or breach, or who present in an atypical manner, can also be at risk for leptomeningeal cysts. If they are not promptly treated, leptomeningeal cysts can cause seizure disorders, developmental delays, paralysis, loss of hearing or vision, and speech issues.Elements of a Lawsuit Arising Out of a Leptomeningeal Cyst
In many instances, trauma that occurs during birth and the harm that arises out of such injuries, like leptomeningeal cysts, can often be avoided with skilled medical care. As such, if an infant suffers losses at birth due to the incompetence of a medical professional, it may be grounds for pursuing damages via a birth injury lawsuit.
In most birth injury lawsuits, the plaintiff will assert a medical negligence claim against the defendant. In Maryland, a plaintiff arguing a healthcare provider acted negligently must first show that the provider owed the plaintiff a duty. The duty owed is generally to offer treatment that aligns with the standard of care, which is the care that a reasonable medical provider working in the same specialty would provide in a similar situation. The plaintiff then has to prove that the defendant’s actions or failure to act constitute a breach of the relevant standard. In most instances, the plaintiff must retain a medical expert to explain what the standard requires and how the defendant deviated from the standard. Usually, the expert is someone who works in the same practice area as the defendant or has training or experience that renders them qualified to opine on the issue.
Finally, the plaintiff must establish causation, which means they must link the harm suffered to the defendant’s behavior. In other words, the plaintiff must show that the injury would not have arisen but for the defendant’s breach and that the breach was a substantial factor in bringing about the birth injury. In most cases, this will require a medical expert as well. If the defendant is deemed liable, the injured child and their parents may both be able to recover compensation.Meet with an Experienced Baltimore Attorney
Leptomeningeal cysts can cause lifelong detriments, and doctors that fail to take the actions necessary to prevent such harm may be deemed liable for medical malpractice. If your child sustained a leptomeningeal cyst or any other birth injury, it is prudent to meet with an attorney to discuss your potential claims. The Baltimore lawyers of Arfaa Law Group possess the skills and resources needed to achieve favorable results in birth injury cases, and if we represent you, we will work tirelessly to help you seek the best legal outcome available under the facts of your case. We regularly represent parties in birth injury cases in Baltimore, where our office is located. You can reach us via our online form or by calling 410-889-1850 to set up a meeting.