Settlements for Birth Injury Cases

Baltimore Medical Malpractice Attorneys Pursuing Settlements for Birth Injury Cases

The birth of a child should be a time of hope and celebration. For some families, however, it becomes the beginning of a long and painful journey when preventable medical errors cause harm during labor or delivery. Birth injuries can have devastating consequences, including permanent disability, developmental delays, and long-term medical needs. When these injuries result from negligent care, families may pursue medical malpractice claims against the providers responsible for their losses. While some birth injury claims proceed to trial, a significant number of these cases resolve through pre-trial settlements. If your child sustained injuries at birth, it is critical to understand the factors impacting settlements for birth injury cases, and you should speak to an attorney as soon as possible. At Arfaa Law Group, our dedicated Baltimore medical malpractice attorneys possess the skill and experience needed to hold careless providers accountable, and if you engage our services, we will fight tirelessly on your behalf.

Understanding the Nature and Causes of Birth Injuries

Birth injuries can occur when a medical provider fails to properly monitor, assess, or intervene during pregnancy, labor, or delivery. In some cases, they result from delayed cesarean sections, improper use of forceps or vacuum devices, failure to recognize fetal distress, or the mismanagement of conditions like preeclampsia or shoulder dystocia. The resulting harm can be severe and lifelong, including brain damage from hypoxia, nerve damage such as brachial plexus injuries, or fractures and soft tissue trauma. Some children suffer from cerebral palsy or other motor and cognitive impairments that require years, or a lifetime, of medical support, special education, and in-home care.

The distinction between a known risk of childbirth and a preventable medical error is often central to these cases. Not every complication during labor amounts to malpractice, but when the standard of care is breached, such as when a provider fails to act in accordance with what a reasonable obstetrician would do in similar circumstances, the law may provide a remedy. Settlements for birth injury cases are designed to compensate for the extraordinary losses that follow a preventable injury during one of life’s most vulnerable moments.

Legal Requirements for Settlements in Maryland Birth Injury Claims

To secure settlements for birth injury cases, plaintiffs usually must prove the defendant providers’ negligence. This requires proving that the defendant owed a duty of care, breached that duty by failing to meet accepted medical standards, and caused harm as a result. In birth injury litigation, expert testimony is almost always necessary to establish what the standard of care required under the specific clinical circumstances and to explain how the provider’s actions or inaction fell short of that standard.

Plaintiffs must also demonstrate causation via medical evidence. For example, a neonatologist may testify that had a cesarean delivery been performed 30 minutes earlier, the child would not have suffered oxygen deprivation resulting in brain injury. The damages component is equally critical and often extensive. These may include both economic losses, such as lifelong medical care, therapy, and assistive devices, and non-economic losses, such as pain, suffering, and loss of enjoyment of life.

Why Many Birth Injury Cases Settle Before Trial

The reasons many birth injury cases settle before trial are multifaceted. First, the stakes are incredibly high. A jury verdict in a birth injury case can result in multimillion-dollar awards, particularly when the child has a permanent disability requiring round-the-clock care. Faced with such exposure, hospitals and malpractice insurers often seek to manage risk by negotiating settlements.

Second, the process of discovery often reveals powerful evidence supporting the plaintiff’s claim. When internal documents, fetal monitoring records, or provider testimony show lapses in care, the defense may conclude that settlement is a preferable alternative to trial. For families, a settlement can avoid the emotional strain and uncertainty of litigation while providing timely access to compensation needed for therapies, medical care, and home accommodations. A carefully negotiated settlement also allows the parties to craft a structured financial plan that can fund a child’s needs for decades.

However, not every case is suitable for settlement. Some claims are contested on liability, causation, or the extent of damages, and in such cases, litigation may be necessary to obtain justice. At Arfaa Law Group, we are always prepared to take a case to trial, but we also leverage our courtroom readiness to achieve meaningful settlements for birth injury cases whenever doing so serves the best interests of the child and family.

The Scope of Compensation in Settlements for Birth Injury Cases

Settlements for birth injury cases often involve substantial compensation due to the long-term or permanent nature of the injuries involved. Economic damages may include medical expenses, in-home nursing care, physical therapy, occupational therapy, assistive technologies, home modifications, special education services, and vocational support. These expenses are not only significant but also ongoing, sometimes for the child’s entire life.

Non-economic damages are also compensable, although Maryland law imposes a cap on these damages in medical malpractice actions. These damages may include compensation for pain, suffering, emotional distress, and loss of the child’s ability to lead a normal life. In some instances, the parents may also be able to recover damages for the emotional and financial burden of caring for a child with a severe disability.

Because of the complexity and financial scope of these cases, the structure of the settlement often includes special needs trusts or structured annuities to ensure the child’s future needs are met in a tax-efficient and legally protected manner. Our firm works closely with life care planners, economists, and financial advisors to craft settlements that are tailored to the long-term welfare of the child and family.

Contact an Experienced Baltimore Birth Injury Lawyer

A preventable birth injury can change the course of a child’s life and place overwhelming demands on a family. When medical negligence is to blame, the law offers a path to recovery. Settlements for birth injury cases can provide the financial support necessary to ensure that a child receives the care, therapy, and resources they need to live with dignity. If you believe your child suffered harm because of a medical provider’s negligence during childbirth, you should speak with an experienced attorney. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys have a proven track record of success in complex birth injury litigation. We serve clients throughout Baltimore and across the state of Maryland. To schedule a free and confidential consultation, call us at 410-889-1850 or contact us online today.