Soft Tissue Injuries

The birth of a child is one of life’s most moving events, but in some instances, it is stressful as well, and trauma during delivery can cause serious injuries to newborn babies. While some injuries are immediately evident, others like soft tissue injuries, can take longer to appear. Simply because an injury is not visible does not mean it is not a cause for concern, though, and damages to an infant’s soft tissues can cause significant pain and lasting impairment. If your child suffered injuries at birth, it might be due to the incompetence of your health care providers, and you should consult a lawyer to evaluate what damages you may be able to pursue. The Baltimore birth injury attorneys of Arfaa Law Group are sensitive to the apprehension and frustration caused by birth injuries, and, if we represent you, we will work tirelessly to help you seek a just outcome.

Soft tissue injuries include contusions, abrasions, lacerations, swelling of the muscles, and strains and sprains of the ligaments and tendons. Such injuries are generally brought about by problems delivering an infant vaginally. A difficult birth is usually caused by an infant that is large for his or her gestational age, the mother’s pelvic bones being small relative to the size of the infant’s head, or breech delivery. They may also be brought about by the use of forceps or vacuum during birth or the use of a scalpel or other tools during a cesarean delivery. While soft tissue injuries in adults are painful, they often do not cause serious harm. In infants, however, soft tissue injuries suffered during birth can lead to scarring, tissue necrosis, brain injuries, hyperbilirubinemia, and in some instances, death.

In Maryland, people alleging health care providers’ acts caused their harms must set forth evidence sufficient to establish liability in order to recover damages. As most medical malpractice cases proceed on the theory that the defendant acted negligently, the plaintiff must first show that the defendant owed the plaintiff the duty to provide care that, at a minimum, met the appliable standard. The standard that applies is the treatment that a competent professional practicing in the same specialty would provide when presented with a similar situation.

After establishing the standard, the plaintiff must prove that the care or lack of care rendered by the defendant constitutes a breach of the standard. For example, if a reasonable obstetrician would order a cesarean section based on an infant’s size, and the defendant failed to do so, it may be considered a breach of the standard. In the majority of cases, the standard of care that applies will be beyond the scope of understanding of the jury or judge deciding the issues of liability and damages. Therefore, the plaintiff will most likely need to retain an expert who will explain the standard and how the defendant breached the standard.

Finally, the plaintiff must not only prove that the defendant departed from the standard of care, but also that the breach proximately caused the plaintiff to suffer damages. In other words, the plaintiff must show that if the defendant did not fail to provide competent care, the injured infant would not have suffered harm, and the child’s parents would not have sustained emotional or financial losses. In birth injury cases, both the infant who was hurt, and the infant’s parents may be able to recover compensation. There are different deadlines for when children harmed by medical malpractice, and their parents must file their claims, however.

Soft tissue injuries can cause great pain and harm that can be costly to treat. If your child sustained injuries at birth, you might be able to recover compensation, and you should speak to an attorney regarding your potential claims. The Baltimore lawyers of Arfaa Law Group are adept at helping families who suffered losses due to birth injuries seek damages for their harm, and we have the skills and experience needed to help you pursue a successful verdict. We have an office in Baltimore, and we regularly represent parties in birth injury cases throughout the city. You can reach us at 410-889-1850 or via the form online to schedule a meeting.