The birth of a child should be a joyous occasion, but medical errors during labor and delivery sometimes result in severe and life-altering injuries to the infant. These injuries, known as birth injuries, can have devastating and long-lasting consequences for both the child and their family. If you suspect your child's injuries were caused by medical negligence, contact a lawyer in Baltimore, MD right away.

3 Key Factors in Baltimore, MD Birth Injury Claims: What Parents Need to Know


1. The Precise Injury

The type of injury a child suffers will affect the compensation you can seek as well as the likelihood of success in your case. Some common types of birth injuries include:

Brain Damage
This may be caused by oxygen deprivation (hypoxia or asphyxia), leading to conditions like cerebral palsy or hypoxic-ischemic encephalopathy (HIE).

Brachial Plexus Injuries
This is damage to the nerves controlling the shoulder, arm, and hand, often resulting in conditions like Erb's palsy or Klumpke's palsy.

Fractures
Broken bones, particularly the collarbone (clavicle), can occur during difficult deliveries.

Facial Paralysis
Damage to facial nerves due to excessive pressure during delivery can cause paralysis.

Cephalohematoma
This is bleeding between the skull bone and its outer covering, and it often creates a raised bump on the baby's head.

2. Medical Negligence and Birth Injuries

In Maryland, a birth injury claim falls within the broader scope of medical malpractice lawsuits. To establish a successful claim, parents must prove the same essential elements as in any malpractice suit. The first is that the healthcare provider (doctor, nurse, midwife, etc.) had a professional duty to provide a standard level of care to both the mother and the baby.

Next, it must be shown that the healthcare provider failed to meet this standard of care, acting in a way that a reasonably competent professional in the same situation would not. But just because a breach of duty occurred isn't enough: you must also prove that the breach of duty directly caused the baby's injury. It's necessary to demonstrate that the injury would not have occurred but for the healthcare provider's negligence.

Finally, it must be shown that the birth injury resulted in quantifiable damages, such as medical expenses, future care costs, pain and suffering, and potential loss of earning capacity for the child.

3. Important Considerations in Maryland Birth Injury Claims

Statute of Limitations
Maryland law sets time limits for filing medical malpractice lawsuits. Generally, the claim must be filed within five years of the date the injury occurred or within three years of the date it was discovered, whichever is earlier. There's a crucial exception for minors, though: the statute of limitations doesn't begin until the child reaches the age of 18.

Certificate of Merit and Expert Testimony
Maryland requires plaintiffs in medical malpractice cases to file a Certificate of Merit from a qualified medical expert within 90 days of filing the lawsuit. This certificate attests that the expert has reviewed the case and believes there is evidence of medical negligence. Expert testimony is also essential in proving complex medical concepts like causation and the appropriate standard of care.

Caps on Damages
Maryland places caps on the amount of non-economic damages (pain and suffering, emotional distress, etc.) that can be awarded in medical malpractice cases. This cap depends on when the injury occurred, so talk with your lawyer to find out what may apply in your case. For more information, click here .

There's a lot that goes into a malpractice case, so be sure to talk with a lawyer as soon as possible for the best outcome.