Expectant mothers often experience contractions as one of the first signs of labor. Contractions are not only an indicator that a baby will soon be born, but they are also used by health care providers to monitor the health of both the mother and the child. Therefore, when a doctor or nurse fails to properly assess or time a woman’s contractions, it can lead to significant health issues for her unborn baby. If your infant suffered an injury at birth due to a miscalculation of contractions, you should speak to a lawyer to discuss whether you may be owed damages. The accomplished Baltimore birth injury attorneys of Arfaa Law Group are proficient at handling claims against negligent medical professionals. If you hire us to represent you, we will fight tirelessly to help you seek a just outcome.
The Dangers of Miscalculation of ContractionsA progression of contractions within the normal range is a critical part of a healthy birth. Thus, contractions should be closely monitored throughout the labor process. Unfortunately, some health care providers either fail to observe the duration of a woman’s contractions or there is a miscalculation of contractions that incorrectly calculates the length of time between them, which can ultimately lead to birth injuries. Typically, problems arise when contractions come too quickly or fail to progress. Rapid and intense contractions without breaks can cause fetal stress and impaired fetal oxygenation, which can lead to metabolic acidosis, injuries to the brain and death. Similarly, when contractions do not become more frequent and are inadequate, it may be a sign of arrested or prolonged labor, which may cause fetal distress, intracranial hemorrhage, cerebral palsy, and other significant health issues.
Recovering Damages Related to Miscalculation of Contractions in a LawsuitWhile it is clear that accurately calculating the length and frequency of contractions is essential to protecting fetal health, babies are nonetheless frequently harmed by the careless miscalculations of contractions by doctors and nurses. Thus, parents and their injured children often pursue damages from the healthcare providers responsible for the harm suffered in a birth injury lawsuit.
Usually, a plaintiff in a case arising out of harm suffered at birth will allege a negligence claim against the defendant. Thus, pursuant to Maryland law, the plaintiff must show that the defendant had a duty to comply with a certain standard of care. The standard of care that applies is the treatment that a reasonable and skilled professional practicing in the same specialty would render under a similar set of facts to those presented to the defendant. The plaintiff must then show that the defendant’s acts or omissions amount to a breach of the standard. Finally, the plaintiff has to prove that the deviation from the standard proximately caused the plaintiff to suffer an injury, which resulted in actual losses. In other words, the plaintiff bears the burden of showing that his or her harm would not have occurred if the defendant complied with the standard of care.
Generally, a plaintiff in a birth injury case must retain numerous experts. First, expert testimony is usually needed to explain the standard of care to the judge or jury and to describe why the defendant’s behavior failed to comply with the standard. Expert testimony is also needed to prove the defendant’s breach caused the plaintiff’s harm. A plaintiff will also often require one or more additional experts to describe the nature of the treatment and care the injured infant will need going forward and to establish the losses the infant and parents suffered due to the injury.
Meet with an Experienced Attorney in BaltimoreWhen a birth does not go as planned, it can have devastating consequences, and in many cases, one or more medical professionals may be liable. If your infant sustained a birth injury, it is advisable for you to meet with a lawyer to evaluate whether you may be able to pursue claims for damages. The experienced attorneys of Arfaa Law Group have the skills and resources needed to help families shattered by the reckless acts of doctors seek compensation for their harm and we will advocate aggressively on your behalf. We have an office in Baltimore where we frequently represent people in medical malpractice lawsuits. You can reach us through the form online or at (410) 889-1850 to set up a meeting.