How Do You Prove Birth Injury

The birth of a child should be a time of celebration and joy. But when medical negligence leads to a devastating birth injury, families are left reeling from the physical, emotional, and financial fallout. If you believe substandard care caused your child's Maryland birth injury, it's essential to take decisive action to protect their health and legal rights.

The knowledgeable Maryland birth injury lawyers at Meyers, Rodbell & Rosenbaum have seen firsthand the consequences of medical malpractice during labor and delivery. We understand the anger, grief, and uncertainty you're experiencing, and our team is here to provide compassionate guidance and aggressive representation. Here are the steps to take if you suspect your child's injuries stem from negligence.

Prioritize Your Child's Health

Your child's well-being must be the top priority after a birth injury. Seek prompt medical attention from a trusted provider unaffiliated with the hospital or practice where the injury occurred. Share your concerns openly and ask for a comprehensive evaluation of your child's condition.

Timely diagnosis and treatment can significantly impact your child's long-term prognosis. Many birth injuries, such as cerebral palsy or brachial plexus damage, require extensive ongoing care. Early intervention, including physical therapy, occupational therapy, and other specialized services, can help your child reach their full potential. Follow through with all recommended treatments and keep detailed records of your child's progress and challenges.

Gather and Preserve Evidence

Documenting your child's journey is crucial for their medical care and your potential legal case: 

  • Keep a detailed journal of all doctor appointments, tests, diagnoses, and treatments related to the birth injury. 

  • Track your child's developmental milestones and any setbacks or concerns that arise.

  • Request copies of all medical records related to your pregnancy, delivery, and your child's post-birth care. 

Under Maryland law, you have a right to access these records, which form the foundation of your malpractice claim. Be sure to request records from all providers involved, including obstetricians, nurses, pediatricians, and specialists who have treated your child.

In addition to medical records, preserve any other evidence relevant to your case. This might include photographs of your child's injuries, witness statements from family members present during the birth, or correspondence with healthcare providers about your concerns.

Consult With a Maryland Birth Injury Lawyer

Birth injury malpractice cases are highly complicated, requiring specialized legal and medical expertise. To protect your family's rights and pursue the compensation your child deserves, work with a Maryland birth injury lawyer with a proven track record in this area of law.

Look for a law firm that has successfully handled cases similar to yours and has the resources to take on powerful healthcare entities and insurance companies. At Meyers, Rodbell & Rosenbaum, our attorneys have extensive experience with birth injury claims and fight for the best possible outcomes for our clients.

During your initial consultation, your birth injury lawyer will review the facts of your case, explain your legal options, and advise you on the best path forward. They can also connect you with trusted medical professionals to ensure your child receives the highest quality care.

Be Mindful of Legal Deadlines

In Maryland, in certain birth injury cases, the statute of limitations begins running when the child turns 11.  In other birth injury cases, the statute of limitations may begin to run later because of the nature of the injury itself. Given the complexities involved in determining the correct statute of limitations, you should promptly consult with a lawyer to preserve your rights. Furthermore, it is crucial not to delay investigating and filing a lawsuit, as delays can lead to the loss of critical evidence and the longer you wait, the more challenging it becomes to gather evidence, locate witnesses, and build a strong case.

Build a Strong Case Through Expert Testimony

Proving that medical negligence caused your child's birth injury requires more than just a hunch or suspicion. Under Maryland law, you must establish four key elements:

  1. There was a doctor-patient relationship that created a duty of care

  2. A breach occurred in the accepted standard of care for your specific circumstances

  3. This breach has a direct causal link to your child's injuries

  4. Your child suffered demonstrable harm as a result of the negligence

Establishing each of these elements requires the testimony of qualified medical experts. These experts must practice in the same specialty as the healthcare provider accused of negligence and have experience treating patients under similar circumstances.

Your Maryland birth injury lawyer will work with carefully selected medical experts to review your case, identify any deviations from the standard of care, and explain how those deviations directly led to your child's harm. This expert testimony is the backbone of your malpractice claim.

Understand the Compensation You May Be Entitled To

Birth injuries often result in a lifetime of challenges and expenses for affected children and their families. Maryland law allows victims of medical negligence to pursue a wide range of damages, including:

  • Past and future medical expenses related to the birth injury

  • Ongoing therapy and rehabilitation costs

  • Adaptive equipment and home modifications

  • Special education services and vocational training

  • Lost future earnings due to diminished earning capacity

  • Pain, suffering, and emotional distress

  • Loss of enjoyment of life

Calculating the full scope of damages in a birth injury case often requires input from medical experts, life care planners, economists, and other professionals. Your Maryland birth injury lawyer will work with these experts to develop a comprehensive assessment of your child's current and future needs, ensuring that any settlement or award accounts for the true impact of the malpractice.

Let Us Help You Fight for Justice

No family should have to face the devastating consequences of a preventable birth injury. At Meyers, Rodbell & Rosenbaum, we're committed to holding negligent healthcare providers accountable and securing the resources our clients need to move forward.

If you suspect that medical negligence played a role in your child's Maryland birth injury, our compassionate birth injury lawyers are here to help. We’ll listen to your story, answer your questions, and develop a tailored legal strategy to pursue the justice and compensation your family deserves. Together, we can ensure that your child receives the best possible care and support, while sending a powerful message that substandard medical care will not be tolerated.