Many pregnant women treat with obstetrician-gynecologists (OB-GYNs) routinely throughout their pregnancies to reduce the risk of complications, and to treat and identify any concerning issues. Expectant mothers anticipate that their doctors will guide them through their pregnancy to ensure everything progresses healthily, but if a doctor fails to take appropriate measures during a pregnancy or delivery, it can lead to a devastating birth injury. If your child was harmed at birth due to a negligent OB-GYN, you may have a legal claim. At Arfaa Law Group, our seasoned Baltimore birth injury lawyers can assess the circumstances surrounding your child’s injury to determine whether you may be able to pursue damages. If you engage our services, we will aggressively advocate on your behalf to help you seek the compensation you may be owed.
Examples of Birth Injuries Caused by OB-GYN MalpracticeWhen an OB-GYN commits malpractice either during a pregnancy or delivery, it can result in a birth injury that causes lasting harm. Examples of errors committed during the pregnancy include the failure to assess an ultrasound or lab results properly, failure to administer appropriate tests, or the failure to diagnose a complication or condition in the mother or unborn child. These failures can lead to difficult deliveries, a delay in diagnosing or treating congenital defects, and other harm. OB-GYNs may also cause a birth injury by failing to induce labor, failing to perform a cesarean section, medication errors, and by injuring a child through the use of forceps. Examples of birth injuries caused by errors during the birth include cerebral palsy, Erb’s palsy, hemorrhages, clavicle injuries, and cognitive delays.
Proving Liability Following a Birth InjuryIf an OB-GYN that commits a medical error during a pregnancy or birth, he or she may be liable for malpractice. To prove an OB-GYN should be held accountable for a birth injury, you must first establish the standard of care with which the OB-GYN was required to comply. In other words, you must show what a physician in the same practice area and with the same skills and experience would have done when presented with similar circumstances. You must then show that the OB-GYN’s error constituted a departure from the standard of care and that your child would not have suffered a birth injury absent the error. Generally, medical experts are needed to establish both the standard of care and the manner in which a defendant physician departed from the standard. A seasoned birth injury lawyer can help you determine the types of expert testimony that may be needed in your case.
If you are successfully able to prove that an OB-GYN caused your child to suffer a birth injury, you and your child may both be able to recover damages. Damages typically compensate for the economic and noneconomic harm caused by the doctor's error. Economic harm includes the cost of any medical treatment needed due to the birth injury, as well as treatment that will be needed in the future. If the child is not able to earn an income in the future, he or she may be entitled to lost wages as well. Noneconomic harm includes the pain, suffering, and mental anguish caused by the injury. If the doctor's error was egregious, you may also be able to pursue punitive damages. In most birth injury cases, experts are needed to establish future medical costs and loss of earnings alleged as well.
Meet with a Knowledgeable Birth Injury Lawyer in BaltimoreGiving birth to a child is one of the most exciting events in a woman’s life, but when the child is injured due to an OB-GYN error, birth can be a bittersweet occasion. If your child sustained a birth injury due to OB-GYN malpractice in Baltimore, you may be able to seek damages. The zealous birth injury attorneys of Arfaa Law Group have the skills and experience needed to advocate on your behalf, and to help you pursue the full amount of compensation available for you and your child. You can contact us at 410-889-1850 or through our online form to schedule a confidential and free meeting.