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Frequently Asked Questions about Birth Injuries
Q: What's the difference between a birth defect and a birth injury?
A: Birth injuries are generally caused by something that went wrong during delivery itself, while birth defects usually involve harm to a baby that arose prior to birth due to something that happened during or before the pregnancy.
Q: What kinds of situations give rise to a lawsuit for birth injuries?
A: Most of these cases occur when a doctor fails to adequately assess or respond to conditions and/or complications during a woman's pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby.
An obstetrician's improper use of medical devices (such as forceps or a vacuum) during child delivery can result in an injury to the baby that is legally avoidable under personal injury and medical malpractice laws.
Medical errors during the birthing process can have devastating effects on your child. Cerebral palsy and other birth injuries can occur as a result of negligence during the delivery process or as a result of improper prenatal care or the combination of both. For example, if a doctor or nurse fails to recognize fetal distress or responds too slowly to signs of fetal distress, your baby can suffer a life long disability. The determination of medical malpractice concerning birth injuries presents many complex issues. Learn more about birth injuries below.
At Schultz & Trombly, we work with clients in Washington DC, Baltimore, Prince George's, Montgomery, and Howard Counties and throughout Maryland who have medical malpractice claims concerning birth injuries. Our lawyers will provide you with the information you need to help determine if your child’s birth injuries were the result of medical negligence. Contact us for information on how we can help.
Birth Injuries - An Overview
When having a child, the last thing parents want or need to worry about is the possibility of their baby being harmed during the delivery. While most births go smoothly, some have complications. It is estimated that 5 out of every 1000 children born in the United States will suffer some type of birth injury. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact an attorney to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.
Pregnancy Dos and Don'ts
Not all birth injuries or defects can be prevented, but a mother has some power to increase her chance of having a healthy baby. Many birth defects happen very early in pregnancy, sometimes before a woman even knows she is pregnant. If your child was injured at birth, consult an attorney to learn about your rights to compensation.
Responsible Parties in Birth Injury Cases
If your child suffered a birth injury, there are several parties who may be responsible for your child's injuries, including the treating physician, assisting staff and the hospital.
Prescription Medications
If you or a loved one is pregnant and taking prescription medication, one of the best ways to prevent a birth defect or injury to your baby is to understand the prescription process and prescriptions themselves. Prescription medications can be confusing, dangerous and expensive. If your child was injured at birth, consult an attorney to learn about your rights to compensation.
Cerebral Palsy & Erb's Palsy
Some of the most common birth injuries are two very different conditions known as cerebral palsy and Erb's (or brachial) palsy. Cerebral and Erb's palsy are often the result of complications during child delivery itself, though cerebral palsy also can occur before or after delivery.
Birth Injuries Resource Links
KidsHealth.org
Provides doctor-approved health information about children from before birth through adolescence.
The Food and Drug Law Institute
Examines the laws, regulations and policies related to drugs, medical devices, other health care technologies and foods.
United Cerebral Palsy
Provides information, links and resources on cerebral palsy.
Prenatal Care
Resource provided by the US Department of Health and Human Services offering information on prenatal care, including types of foods to eat and substances to avoid.
National Patient Safety Foundation
Non-profit organization providing patient safety literature, research, policy initiatives and more.
If you believe your child's brain damage or cerebral palsy may have been due to medical negligence, call one of our experienced birth injury lawyers about your situation. You can schedule an initial consultation either on the phone or in person at our Washington, DC office. If we think you may have a case, we will undertake a thorough investigation and will pursue a legal case for you.
Every birth injury case we handle is on a contingency fee basis so that we receive payment for our work only if and when we have obtained money for you.
Our lawyers work with clients who have birth injury claims in Washington, D.C., Baltimore City, throughout Maryland including Prince George's County, and, with the assistance of local counsel, in Virginia and other jurisdictions. Contact us to set up a free initial consultation with one of our firm's attorneys.
