Perinatal encephalopathy is a condition characterized by abnormal brain function in newborns. It is often caused by a lack of oxygen or trauma during the delivery process. As such, adequate monitoring of fetal well-being during pregnancy and labor, timely recognition of potential complications, and prompt intervention are crucial in preventing perinatal encephalopathy. When a child develops perinatal encephalopathy due to a doctor’s failure to provide competent care, the child’s family may be able to recover compensation for their losses via medical malpractice claims. If your child developed perinatal encephalopathy due to medical negligence, you should contact an attorney to discuss your options. The assertive Baltimore birth injury attorneys of Arfaa Law Group understand what it takes to recover damages for perinatal encephalopathy, and if we represent you, we will fight to help you seek justice for your child’s harm.
Care Needed for Children With Perinatal EncephalopathyChildren with perinatal encephalopathy require comprehensive and tailored care throughout their lives due to the potential long-term impact on their cognitive and physical abilities. Regular medical monitoring is crucial to assess overall health and developmental milestones and to promptly address emerging issues. Physical therapy can help improve motor skills, while occupational and speech therapy can help them to complete daily activities and develop communication skills. Special education services may be necessary to address learning challenges, and assistive devices such as wheelchairs or communication aids enhance independence. As the child transitions into adulthood, careful planning for vocational training, employment opportunities, and ongoing healthcare management may be necessary as well.
Pursuing Claims for Damages for Perinatal EncephalopathyPerinatal encephalopathy is often the result of the carelessness of healthcare providers. In such instances, families can help secure the financial resources needed to provide the best possible care for their child via medical malpractice claims against the responsible practitioners. If such claims are successful, they can help ensure the child has access to therapies, adaptive equipment, and other essential support services that contribute to their well-being and development.
In Maryland, most medical malpractice lawsuits set forth negligence claims against the defendant. To prove the negligence of a defendant healthcare provider, a plaintiff must show that the defendant owed them a duty and that the defendant’s behavior constitutes a breach of the duty owed. The duty a doctor owes a patient is to abide by the standard of care, which is the care that a knowledgeable doctor working in the same field would offer in the same situation. For example, if the standard requires a doctor to perform a c-section when presented with signs of fetal distress and the defendant failed to do so, it could be considered a breach.
The plaintiff then has to demonstrate that the defendant’s failure to uphold the standard of care caused the plaintiff to suffer quantifiable losses. Generally, as most laypersons do not have independent knowledge of the obligations imposed on healthcare providers, expert testimony is often required to explain the standard, as well as to demonstrate the defendant’s breach and the resulting damages.
Damages for Perinatal EncephalopathyDamages recoverable for perinatal encephalopathy caused by medical malpractice include medical expenses related to the child's treatment and ongoing care. This encompasses costs associated with hospital stays, medications, surgeries, and therapy sessions. Additionally, families may seek compensation for future medical expenses, as perinatal encephalopathy often requires long-term care and support. Damages for non-economic harm, such as the emotional distress, pain, and suffering experienced by the child, may also be recoverable.
Meet With a Skilled Birth Injury Attorney in BaltimoreIf a doctor’s carelessness caused your child to develop perinatal encephalopathy, you have the right to pursue claims for damages, and it is wise to meet with an attorney. The skilled Baltimore birth injury lawyers of Arfaa Law Group can examine the circumstances surrounding your child’s harm and offer you pursue damages for perinatal encephalopathy and any other harm you and your child suffered. We have an office in Baltimore, and we regularly assist parties with birth injury claims throughout the city. You can contact us through our form online or at 410-889-1850 to arrange a meeting.