Many pregnant women see a physician during the course of their pregnancy to help the pregnancy progress safely, and to diagnose any illnesses or conditions. In some cases, however, a doctor will fail to provide thorough or attentive care to a pregnant woman, and issues the doctor neglects to address will cause harm to the woman's child. Incompetent prenatal care can cause significant birth injuries that take an emotional and financial toll on both the parents and the injured child. If your child sustained harm at birth because of negligent prenatal care, you may be able to recover damages. The skilled Baltimore birth injury lawyers of Arfaa Law Group are dedicated to helping injured parties pursue compensation for their harm.
Examples of Negligent Prenatal CareTypically, if a pregnant woman is treated by an obstetrician, gynecologist, or other physicians, the treating provider will schedule routine imaging and blood tests, as well as physical examinations, to assess the health of the unborn child and of the mother. When care is properly provided, it can diagnose and treat a number of conditions, such as preeclampsia, gestational diabetes, and congenital abnormalities. Prenatal treatment can also reveal whether the pregnancy is high risk, or whether a cesarean delivery is necessary for the health of the mother or child. When a doctor fails to conduct appropriate tests or does not address abnormal test results, concerning conditions may go untreated, leading to injuries at birth.
Proving Liability for a Birth InjuryTypically, when a child suffers a birth injury due to negligence, one or both of the child's parents will seek compensation from the care providers that caused the child's harm via a medical malpractice lawsuit. Under Maryland law, both an injured child and the child's parents may be able to recover damages if they can show the medical provider is liable. Generally, a plaintiff seeking compensation for a birth injury will assert that the medical provider acted negligently.
In order to prove a medical provider was negligent, the plaintiff must show that the medical provider had a duty to provide treatment that comports with the applicable standard of care. The standard of care in medical malpractice cases is the care that a competent provider with similar skills and experience and practicing in the same specialty would render in the same situation. Once the standard of care is established, the plaintiff must show that the medical provider departed from the standard of care, and the departure caused the plaintiff’s harm. In other words, the plaintiff must show that he or she would not have been harmed absent the breach. Lastly, the plaintiff must show he or she suffered measurable harm because of the breach.
In the majority of medical malpractice cases, the plaintiff will need to retain one or more experts to testify regarding the applicable standard of care, and the ways in which the defendant’s deviation from the standard caused the plaintiff’s harm. Expert testimony will likely be required to prove the plaintiff’s damages as well. A dedicated birth injury attorney can help you find an appropriate expert to testify in your case.
Damages Recoverable for Harm Caused by Negligent Prenatal CareParties harmed by negligent prenatal care may be able to recover the costs of any medical expenses, including rehabilitation, therapy, and prescriptions. The injured child may also be awarded damages for pain and suffering, loss of earnings, and loss of enjoyment of life. Maryland allows parents of a child injury at birth to recover damages for the emotional distress caused by the child’s injury as well.
Meet with a Knowledgeable Birth Injury Lawyer in BaltimorePrenatal care has numerous benefits, but when a doctor caring for a pregnant woman makes mistakes, it can result in substantial damages. If your child suffered a birth injury because of negligent prenatal care in Baltimore, it is prudent to meet with a seasoned attorney to discuss what damages you and your child may be able to recover. At Arfaa Law Group, we have the skills and experience needed to help parties injured by medical malpractice seek compensation for their harm. You can reach us at 410-889-1850 or through our form online to set up a free and confidential meeting.