Maryland Birth Injury Attorney | Medical Malpractice Lawyer

Prince George's County Birth Injury Attorney

The birth of a child should be a joyous occasion. But when medical mistakes cause preventable harm to a vulnerable infant, that joy turns to anguish. Suddenly, parents enter a whirlwind of medical appointments, difficult decisions, and worries about their child's future.

While no amount of money can undo the damage, pursuing a birth injury claim can provide essential financial support for a child's ongoing needs. With the right resources, children can access cutting-edge therapies, adaptive equipment, and other crucial services to help them thrive and live life to the fullest.

At Meyers, Rodbell & Rosenbaum, our birth injury attorney team understands the heartache after a child suffers a preventable injury. Let our law firm help yours navigate this challenging time. With decades of experience handling complex medical malpractice cases, our Maryland birth injury lawyers know what it takes to prevail against even the most well-funded defendants. We'll be the advocates you need, fighting for the justice and financial recovery your family deserves.

What Is a Birth Injury?

Birth injuries are physical injuries a baby suffers before, during, or immediately after birth. While some are unavoidable, many happen because of medical negligence. Common examples of negligence-related birth injuries include:

Brain damage from oxygen deprivation (birth asphyxia). Failure to recognize and respond to signs of fetal distress, umbilical cord problems, and other labor and delivery complications can deprive a baby's brain of oxygen, resulting in permanent damage.
Cerebral palsy. This group of neurological disorders affects body movement, muscle coordination, and balance. It can impact learning, hearing, vision, and emotional regulation. Cerebral palsy is one of the most common and severe potential outcomes of a birth injury. It’s often caused by brain damage that occurs before, during, or shortly after birth, frequently due to oxygen deprivation or physical trauma.
Brachial plexus injuries. Damage to the nerves controlling the arms and hands (brachial plexus) can occur when physicians and midwives use improper techniques or excessive force during delivery. Erb's palsy and Klumpke's palsy are two examples of brachial plexus injuries.
Facial nerve injuries. Pressure on a baby's face from forceps can damage delicate facial nerves, causing partial or total paralysis. Bell's palsy is one type of facial paralysis that can occur from birth trauma.
Spinal cord injuries. Excessive twisting and pulling during delivery can overstretch or tear the spinal cord, potentially causing permanent paralysis. Spinal cord injuries are an especially devastating type of birth trauma.
Fractures. Misuse of forceps and vacuum extractors can fracture a baby's delicate bones, especially the clavicle and skull. While many fractures heal on their own, some cause permanent disfigurement or disability.
Intracranial hemorrhage. Bleeding in the brain can occur when excessive force is used during delivery, leading to potentially fatal brain damage. Vacuum extractors and forceps increase the risk of intracranial hemorrhage.
Jaundice and kernicterus. Jaundice, a common condition in newborns caused by a buildup of bilirubin in the blood, can usually be managed with proper monitoring and treatment. However, when left untreated or improperly managed, severe jaundice can lead to kernicterus, a type of brain damage that can cause hearing loss, vision problems, and intellectual disabilities.

Many birth injuries happen when medical professionals fail to follow established standards of care. When negligence leads to preventable birth injuries, those responsible should be held accountable. While legal action cannot reverse the harm, it can provide crucial financial support to help a child live life to the fullest.

Lifelong Impacts of Birth Injuries

The consequences of a birth injury can be far-reaching and devastating, affecting not only the child but also their family. While some birth injuries, like minor fractures and lacerations, may heal with time, others can result in permanent disabilities that require lifelong care and support.

Some of the most severe and lasting impacts of birth injuries include:

Physical disabilities. Birth injuries can cause paralysis, muscle weakness, and loss of sensation, limiting a child's ability to move, walk, or perform daily tasks independently. These physical limitations may require ongoing therapy, adaptive equipment, and home modifications.
Cognitive impairments. Brain damage from birth asphyxia or other injuries can lead to intellectual disabilities, learning difficulties, and developmental delays. Children may need specialized education, speech therapy, and behavioral support to reach their full potential.
Emotional and behavioral challenges. Birth injuries can also affect a child's emotional regulation and behavior. They may experience anxiety, depression, or aggression, requiring ongoing mental health support and counseling.
Chronic pain. Some birth injuries, like brachial plexus damage or spinal cord injuries, can cause chronic pain that significantly impacts a child's quality of life. Managing this pain may require medication, therapy, and other interventions.
Medical expenses. The cost of treating and managing the lifelong effects of a birth injury can be staggering. Families may face mounting expenses for medication, therapy, adaptive equipment, home care, and other necessary services.

The ripple effects of a birth injury extend far beyond the child. Parents may need to leave their careers to become full-time caregivers. Siblings may face emotional challenges and reduced attention as the family focuses on the injured child's needs. The entire family's lives can be upended to provide the child the best possible care and quality of life.

When medical negligence causes a birth injury, the responsible parties should be held accountable. While no compensation can undo the harm, it can provide the crucial financial support families need to access the best possible care and resources for their child. If your family is facing the lifelong consequences of a preventable birth injury, don't hesitate to seek experienced legal guidance to protect your rights and your child's future.

Who Is Liable for Birth Injury Malpractice?

Depending on the circumstances, liability for birth injuries may rest with:

Obstetricians and gynecologists. OB-GYNs can be liable if they fail to monitor and respond to signs of fetal distress, improperly use forceps or vacuums, delay ordering a necessary C-section, or make other negligent mistakes.
Nurses and midwives. Labor and delivery nurses and midwives may be responsible if they fail to monitor the baby's vital signs appropriately, recognize signs of distress, or alert physicians to potential complications.
Anesthesiologists. Anesthesia errors during labor and delivery can cause devastating harm. Anesthesiologists may be liable if they improperly administer epidurals and spinal blocks or fail to monitor the mother's response.
Hospitals and birthing centers. When systemic failures contribute to birth injuries, the hospital or birthing facility may be liable. Examples include inadequate staff training and supervision, unsafe policies, and inadequate medical equipment.

Sorting out liability for birth injury medical malpractice requires a thorough investigation into the actions of all medical professionals involved in the mother's and baby's care. Under Maryland law, plaintiffs in medical malpractice cases must prove:

The defendant owed the patient a duty of care
The defendant breached the standard of care
The breach caused the patient's injuries
The patient suffered damages as a result

Meyers, Rodbell & Rosenbaum has extensive experience handling these complex cases. We regularly collaborate with medical experts to pinpoint where negligence occurred and who should be held responsible.

Pursuing Compensation in a Birth Injury Lawsuit

When a preventable birth injury occurs due to medical negligence, families have the right to pursue legal action to hold the responsible parties accountable and secure the financial resources needed to provide for their child's lifelong needs. In a birth injury lawsuit, several types of damages may be available, including:

Economic Damages

These compensate for the quantifiable financial losses resulting from the birth injury, such as:

Past and future medical expenses
Therapy and rehabilitation costs
Adaptive equipment and home modifications
Specialized education expenses
Lost wages for parents who must leave their careers to care for the child

Non-Economic Damages

These compensate for the intangible losses and impacts of the birth injury, such as:

Pain and suffering of the child
Emotional distress of the parents
Loss of companionship and enjoyment of life
Disfigurement or disability

Punitive Damages

The court may award punitive damages to punish the defendant and deter similar behavior in rare cases involving particularly egregious negligence or intentional misconduct.

Wrongful Death Damages

If a birth injury tragically results in the child's death, the family may be able to pursue a wrongful death claim. Damages in these cases may include funeral and burial expenses, loss of the child's anticipated future income, and the family's grief and mental anguish.

Calculating damages in a birth injury case often requires the expertise of medical and economic specialists. These experts can help project the child's future medical needs, educational requirements, and lost earning potential to ensure the family seeks the full compensation they deserve.

How Our Maryland Birth Injury Lawyers Can Help Your Family

The road ahead after a birth injury can feel overwhelming, but you don't have to go it alone. Let our compassionate attorneys provide the support and guidance you need during this difficult time. We can:

Investigate the circumstances surrounding your child's injuries to identify all liable parties
Collaborate with medical experts to build a strong case for negligence
Handle all communication with the insurance companies and defense lawyers
Negotiate for a full and fair settlement
Take your case to trial if the defendants won't agree to fair compensation

We know finances are one of the last things you want to worry about right now. That's why we handle birth injury cases on a contingency fee basis. You won't owe any upfront fees to start the legal process, and if we don't secure compensation for you, you won't owe us anything.

If you suspect medical negligence caused your child's birth injury, don't wait to seek help. In Maryland, you only have a limited time to take legal action. Contact the dedicated birth injury lawyers at Meyers, Rodbell & Rosenbaum today for a free and confidential consultation. We're here to listen to your story, explain your rights, and discuss how we can help you pursue justice.