Having a baby is a life-changing event, and most expectant parents eagerly anticipate the birth of their children. While some parents are anxious about the challenges associated with raising a child, few expect that they will have to contend with the overwhelming losses that arise when an infant suffers a birth injury. While numerous factors can lead to birth injuries, most harm suffered during birth is preventable and would not have occurred with competent care. If your child sustained harm at birth, you should speak to an attorney about the causes of birth injuries and what compensation you may be able to recover. The skillful Baltimore birth injury attorneys of Arfaa Law Group can advise you of your rights, and if you engage our services, we will advocate aggressively on your behalf to help you seek a successful result.
Causes of Birth InjuriesWhile a variety of issues can lead to birth injuries, some causes are more common than others. In many instances, a doctor will fail to realize that factors are present which make a vaginal birth difficult and neglect to perform a C-section. For example, a C-section may be necessary if a fetus is very large or awkwardly positioned or the shape of the mother's pelvis inhibits her ability to deliver a child. Delays in performing C-sections can lead to oxygen deprivation, which can cause brain damage, cerebral palsy, and other significant harm. In some cases, physical injuries like nerve damage and dislocated shoulders are brought about by a doctor using the vacuum extraction method or forceps to deliver an infant. Infants can also suffer harm when they are born too early due to the failure of their mothers' obstetricians to observe or manage symptoms or conditions that make a premature birth likely to occur.
Pursuing Claims Following Birth InjuriesMany factors can cause birth injuries. In most instances, though, the core cause of harm suffered at birth is carelessness. As such, a plaintiff in a birth injury lawsuit will usually allege that the defendant acted negligently. To prove a defendant health care provider is liable for negligence, a plaintiff must show that the defendant had a duty to comply with the standard of care, which is the treatment a competent medical professional working in the same specialty would offer in a similar situation. Notably, the duty to comply with the standard of care applies not only to doctors but also to nurses, other licensed medical professionals, and hospitals.
The plaintiff must then show that the defendant's actions or failure to act constitute a departure from the standard of care. In the majority of cases, the plaintiff will need to hire a medical expert to illustrate for the judge or jury the obligations imposed by the applicable standard and how the defendant failed to uphold his or her duties. In most instances, the expert will be a person who practices in the same specialty as the defendant.
After establishing the defendant's deviation from the standard of care, the plaintiff needs to demonstrate that the defendant's breach proximately caused the plaintiff to suffer measurable harm. In other words, that the birth injury in question would not have occurred if the defendant had complied with the standard of care. In many birth injury cases in which the defendants are deemed liable, both the infant and the parents can recover damages.
Meet With a Trusted Baltimore AttorneyThere are numerous causes of birth injuries, but regardless of the exact scenario that caused a child to sustain harm at birth, such damages are usually triggered by medical negligence. If your child suffered a birth injury, it is in your best interest to meet with an attorney as soon as possible. The trusted Baltimore lawyers of Arfaa Law Group are well versed in what it takes to hold negligent health care providers accountable, and if you hire us, we will gather the evidence needed to provide you with a strong chance of a successful result. We regularly assist people in birth injury lawsuits in Baltimore, where our office is located. You can reach us through our form online or at (410) 889-1850 to schedule a conference.