Few things are as exciting as the birth of a child, but for some families, what should be a joyful event quickly turns to a cause for heartache when their infants unexpectedly suffer a nerve injury during the delivery. Traumatic harm that occurs when a baby is born generally arises out of the carelessness of the doctors and nurses managing the birth, and negligent health care providers can often be held accountable for the damage they cause. As such, if your child sustained nerve trauma at birth you should talk to a lawyer regarding your possible claims. At Arfaa Law Group, our dedicated Baltimore birth injury attorneys are adept at helping families devastated by the harm caused by medical malpractice seek compensation for their losses, and if you retain us, we will fight tirelessly to help you pursue a just outcome for you and your child.Causes of Nerve Trauma at Birth
Generally, nerve trauma occurs at birth due to a difficult delivery. In other words, a mother may have a hard time delivering an infant because the infant is large for his or her gestational age, or is not in an ideal position, which prompts the physician attending the birth to use forceps or to attempt to pull the infant out of the birth canal. The use of forceps can result in facial nerve injuries, such as Bell’s palsy or permanent damage that renders the infant unable to move certain parts of his or her face. Similarly, if a doctor forcefully delivers an infant, it can cause harm to the infant’s brachial plexus, which is a bundle of nerves that connect the arms to the spine. Other serious nerve injuries can occur following a complicated birth as well. In many cases, these injuries could have been avoided if the mother’s doctor noted the size of the infant prior to birth and recommended that the mother deliver via cesarean section.Proving Liability in a Birth Injury Case
Usually, when an infant sustains nerve trauma at birth, it is due to the failure of a doctor to monitor the infant and mother’s condition and address any issues properly. As such, a plaintiff seeking damages in a lawsuit arising out of an injury sustained during delivery will allege that the defendant health care provider was negligent. To prove negligence in the context of medical malpractice, a plaintiff must first establish that the defendant had a duty to treat the plaintiff in a manner that comports with the applicable standard of care, which is the care that a competent and reasonable professional practicing in the same specialty would provide in a similar situation. The plaintiff must then show that the defendant’s acts or failure to act constitute a breach of the standard and that the breach directly caused the plaintiff’s harm.
In most instances, a medical expert is needed to establish the standard of care and to explain how the defendant’s treatment of the plaintiff departed from the standard of care. Expert testimony is also typically needed to establish causation. In other words, an expert must explain how the plaintiff’s damages were caused by the defendant’s negligent treatment and not some other factor. In cases involving birth injuries, the plaintiff will most likely need a second medical expert as well, to explain the magnitude of the harm the infant suffered and to describe what treatment or accommodations the infant may need going forward and the cost of such care.Speak to a Seasoned Baltimore Lawyer
Nerve trauma may not immediately be apparent after a child is born, but it can cause significant and lifelong detriments. If your child suffered harm during birth, it is prudent to speak to a lawyer to discuss what compensation you and your child may be able to recover. The seasoned attorneys of Arfaa Law Group possess the skills needed to help you fight to protect your interests and we have ample experience navigating the complexities of birth injury cases. Our office is located in Baltimore and we regularly assist people throughout the city in medical malpractice cases. We can be contacted through our online form or at 410-889-1850 to schedule a conference.