Birth Injury Attorneys In Maryland Can Help Victims Of Malpractice

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It is not uncommon for new parents to be overwhelmed by the level of responsibility involved in caring for a tiny human being. Yet, some new moms and dads may also experience fear or guilt if a mistake during delivery caused their newborn to suffer permanent injuries.

Could A Birth Injury Have Been Avoided?

When complications cause newborns to suffer injuries, parents often feel frustrated that the delivery should have been handled differently.

Do you doubt whether your healthcare professional acted diligently during childbirth? Our injury attorneys can help. Call today for a free legal consultation and to learn more about the courses of action at your disposal.

You may be confused about whether an accident or medical mistake can be considered a negligent birth injury. Indeed, birth injuries can be caused by many factors, and the repercussions can be easy to miss in the hours and days after they happen.

Nevertheless, it's critical to take time after delivery to determine if childbirth complications could have been avoided by following standard medical procedures.

Common Causes Of Birth Injury

Many circumstances can give way to birth injuries. Here are some of the most common:

  • Premature birth
  • Labour induction or preterm labor
  • Difficult birth positions (e.g., breech or transverse)
  • Fetal distress such as umbilical cord around neck, low heart rate, and others
  • Use of forceps, vacuum extraction, or any other instrument that manipulates the fetus out of the birth canal
  • Sepsis from infection of amniotic fluid (amnio)
  • Complications due to fetal heart rate monitoring or lack thereof
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Types Of Birth Injuries

While the below are all examples of common birth injuries, this list is not exhaustive and can include any other condition that results from an accident or injury during the birthing process.

Brachial Plexus Injury

Brachial plexus injuries are nerve damage that can result from overstretching or pulling on the lower neck during birth. They can be temporary or permanent with varying degrees of disability.

Generally, brachial plexus injuries can result from traction on an improperly handled baby during delivery. Medical treatment will likely be needed to heal this type of birth injury and an attorney should be consulted to see if a claim for compensation could be filed against a negligent practitioner or hospital that may have caused this type of harm while performing a delivery procedure.

Bone Fractures 

The mother may also suffer broken bones. For instance, a serious pelvic fracture or other broken bones in the pelvic area that cause bleeding or nerve damage to the mother's legs can be fatal.

Spinal Cord Injuries

Spinal cord injuries are often devastating and long-term with a very high cost of care. While not fatal, the paralysis can be complete and debilitating.

Brain Trauma

Brain injuries involve a traumatic event that causes swelling of the brain with bleeding, bruising, or tearing within the skull.

Subdural Hematoma

A subdural hematoma is a collection of blood outside the brain. It often results from the tearing or rupture of blood vessels in the head. If bleeding occurs within the brain, it may become a source of increased pressure inside the skull (intracranial pressure). The bleeding typically requires drainage or surgery to stop and prevent further complication.

Cerebral Palsy

Cerebral palsy may affect a child's muscle tone, movement, and motor skills including speech. The symptoms of cerebral palsy can range from mild to severe. Children with cerebral palsy often require medical care throughout their lives for complications related to their condition.

Erb's Palsy

Erb's Palsy is a birth injury of the brachial plexus—the bundle of nerves that control arm movement and sensation. The damage to these nerves can result in paralysis and fine motor skill loss.

Premature Rupture Of Membranes (PROM)

 The rupture of your amniotic sac before you are ready to deliver, sometimes resulting in infection and preterm labor.


Birthmarks are often harmless but sometimes can be life-threatening so it's best to consult with medical professionals about what type of birthmark you have as soon as possible.

when to hire a birth injury lawyer for medical malpractice lawsuit

Who Can File A Birth Injury Lawsuit

You gave birth, but your child is now with a health professional due to ongoing complications. You want to know if your child was unfairly treated by the medical professionals, and you want to know if they caused the child's health problems.

Was your child harmed in the delivery process? Have you had any concerns about this in your past? Do not assume that these complications should be taken lightly. Take action as soon as possible.

How Long Do You Have To Sue For A Birth Injury?

You should hire a birth injury attorney as soon as possible after experiencing any kind of medical malpractice. That way, you can have your claim investigated right away and get the process taken care of.

In the state of Maryland, plaintiffs have up to five (5) years from the date of the injury, or as much a three (3) years after the injury was discovered, to file a medical malpractice lawsuit for birth injuries.

How Is The Settlement Value Of A Birth Injury Case Calculated?

When it comes to birth injury cases, a settlement value is determined by considering a number of factors. The more serious the injuries, the longer your child (and possibly yourself, too) will need to stay in the hospital and thus, creating a higher settlement value.

For example, the number of days spent in the hospital and the types of injuries that have been sustained will certainly have an effect on the total compensation value. In comparison, cases involving birth injuries to newborns will have a higher settlement value than cases involving injuries suffered by a toddler or even an older child.

The same goes true for the severity of the mother's injuries. The more serious the injuries sustained and the longer they last, the higher the settlement value would be. For instance, if you suffered a severe injury as a result of negligence during labor and delivery, like a broken hip or even worse - paralysis - you're likely to receive a higher settlement value than if you had only suffered minor bruising and cuts.

When Should A Birth Injury Attorney Be Hired?

Most people are unfamiliar with the various nuances involved in being represented by an experienced birth injury lawyer. It should be noted that a birth injury lawyer is not just for crisis situations. A birth injury lawyer is also used when exploring personal injury cases that arose from the delivery of a child.

The experienced birth injury lawyers at MD Injury Guys deal with a variety of questions such as what sort of care should have been provided by the hospital and if a lawsuit should be pursued.

Contact our team today to determine if a birth injury lawsuit is right for you and your family. We offer free consultation and will represent you at no cost unless we're able to secure compensation on your behalf.

Do You Qualify?

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Silver Spring
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Baltimore, MD 21231
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This website is by Blank Kim P.C. d/b/a Blank Kim Injury Law. We have offices throughout Maryland with attorneys licensed to practice law in the state of  Maryland. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel to prosecute cases. This website has not been approved by the Court of Appeals of Maryland or the Maryland State Bar. Cases may be co-counselled or referred to other firms for litigation.
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