Expectant mothers often anticipate that the process of birthing their children will cause discomfort, but they rarely expect their children to suffer harm during the process. Sadly, however, many infants suffer painful injuries during birth, like broken bones. In many cases, fractures infants sustain at birth are preventable and only arise out of the carelessness of the physician attending to the mother. If your child suffered a fracture during delivery, you have the right to seek compensation, and you should speak to an attorney to discuss your possible claims. The assertive Baltimore birth injury attorneys of Arfaa Law Group are adept at proving the liability of negligent doctors, and we can advise you of your rights and help you and your child to pursue the full damages recoverable.
Factors that Lead to Fractures During BirthMany kinds of fractures can occur during the birthing process, but some are more common than others. For example, infants are most likely to suffer fractures of the clavicles, humerus, femur, and depressed skull fractures. Certain risk factors increase the likelihood of fracture during birth. For example, atypically large babies often suffer broken bones during delivery due to their difficulty passing through the birth canal. Conversely, premature infants often suffer fractures as well due to the fact that they are more fragile than full-term babies. Babies delivered in abnormal positions, like breech, facing forward, or head or shoulders first instead of face first, are at an increased risk for fractures as well. Finally, broken bones are more likely in cases in which the mother endures a prolonged and difficult labor or has an inadequately sized or shaped pelvis.
Elements of a Lawsuit Arising Out of Fractures During BirthDoctors that recklessly cause birth injuries may be found liable for medical malpractice. As the harm a doctor causes an infant during birth is typically unintentional, in most cases, a plaintiff seeking compensation for a birth injury will allege the defendant was negligent.
Under Maryland law, proving the negligence of a doctor or other healthcare provider requires a plaintiff to first show that the defendant owed the plaintiff a duty and a breach of the duty. The duty a doctor owes a patient is to provide treatment that meets or exceeds the standard of care, which is the care that a reasonable professional working in the same practice area would provide when presented with a similar set of facts. As the standard of care imposed on doctors is beyond the understanding of most laypersons, in most cases, the plaintiff will have to hire an expert to explain the applicable standard and how the defendant's behavior is considered a departure from the standard.
The plaintiff then must show that the breach proximately caused the plaintiff to suffer measurable harm. In other words, the plaintiff must show that harm suffered would not have occurred absent the defendant's breach. Typically, expert testimony is needed to establish causation and damages. If a judge or jury deems a defendant liable for a birth injury, but the injured child and the child's parents may be awarded damages. The damages recoverable will depend on numerous factors but often include compensation for medical costs and the pain and suffering caused by the injury.
Meet with a Capable Baltimore AttorneyFractures are often extremely painful, and when they occur in newborn babies, they can lead to permanent deformities, nerve damage, and other trauma. If your child sustained a fracture a birth due to the careless acts of a physician, it is in your best interest to meet with an attorney as soon as possible. The capable Baltimore lawyers of Arfaa Law Group are adept at helping parties injured by negligent physicians recover compensation, and if you hire us, we will work diligently to help you pursue any damages you may be owed. Our office is located in Baltimore, and we regularly represent parties throughout the city in lawsuits arising out of birth injuries. You can reach us via our form online or by calling us at (410) 889-1850 to set up a conference.