The birth of a child may quickly turn from a happy occasion to a stressful event if any complications arise. The unfortunately reality is that, each year, a number of newborns are injured when their spinal cords are overstretched during delivery. Spine overstretching may cause serious and long-term consequences for a child. If you suspect that medical negligence harmed your baby, you should consider reaching out to experienced Baltimore birth injury attorney Julia Arfaa and the staff at the Arfaa Law Group.
Bringing a Medical Malpractice Case Based on Spine OverstretchingWhen a baby becomes stuck in the birth canal, the doctor must use special care to avoid using excessive force or overstretching the baby’s spine. Spine overstretching during delivery may dislocate the cervical or thoracic vertebrae, cause localized or complete paralysis, and even cause other types of permanent spinal cord damage.
If your child has sustained an injury due to spine overstretching during delivery, you may be able to recover compensation through a medical malpractice claim. Medical malpractice cases are appropriate when an obstetrician or another professional causes harm by failing to adhere to the standard of care that a reasonably prudent medical professional in the same specialty would have used in the same or similar circumstances. In other words, not all adverse or undesired outcomes will be considered to have resulted from medical malpractice. It is also important to show that the defendant‘s inadequate care was a direct cause of the child‘s harm.
Expert witnesses will typically establish whether or not a medical professional deviated from the standard of care. These witnesses are needed to inform the jury about complicated medical issues that often arise in malpractice trials, with which an ordinary person likely would not be familiar. When deciding whether an expert witness is qualified to offer testimony, the court will consider whether the witness is qualified as an expert by their knowledge, skill, experience, training, or education. It also must consider the relevance of the expert testimony on the specific subject, as well as whether a sufficient factual basis exists to support the expert testimony. As a general rule, the expert witness will be the same type of medical professional as the defendant. For example, whether an obstetrician deviated from the standard of care would be established by another obstetrician with similar qualifications and experience.
Parents raising children with spinal cord injuries need to deal with substantial and ongoing medical costs. If a spinal cord injury was caused by a medical professional’s negligence, it is unfair for parents to bear this burden on their own. Thus, Maryland law allows victims of birth injuries to recover economic and non-economic damages, such as medical expenses, rehabilitation costs, pain and suffering, therapy costs, and more.
Contact a Baltimore Lawyer to Pursue a Birth Injury CaseIf your child has suffered an injury involving spine overstretching, we can help. At the Arfaa Law Group, Baltimore attorney Julia Arfaa can investigate the facts of your case. We can provide you with an honest assessment of your claim and help you take the necessary actions to assert your right to compensation. We serve victims and their families throughout the state of Maryland. For more information about your legal rights and options, call 410-889-1850 or contact us online to arrange a free consultation with a medical malpractice attorney.