Fatal Birth Injuries

Few things are as eagerly anticipated as the birth of a child. Tragically, for some families, the excitement they feel at the prospect of meeting their babies quickly turns to grief as they suffer the unimaginable loss of their children due to fatal birth injuries. When children die during or shortly after birth, it is frequently due to negligence and gross errors, and the doctors whose carelessness causes such devastating losses should be held accountable. If you lost your child due to a birth injury, it is advisable to meet with an attorney to determine your options for seeking justice. The experienced Baltimore birth injury attorneys of Arfaa Law Group can assess the facts of your case and aid you in pursuing the most favorable legal outcome possible.

Various factors can cause fatal birth injuries. One common cause of fatal harm is hypoxic-ischemic encephalopathy, which results from a lack of oxygen and blood flow to the baby's brain during labor and delivery, causing severe brain damage and, in some cases, death. Traumatic births, often caused by improper use of forceps or vacuum extraction, can result in skull fractures, intracranial hemorrhage, and other fatal harm.

In some instances, a mother will pass an untreated infection to her baby during pregnancy or delivery, which can lead to sepsis, meningitis, and other deadly conditions. Placental abruption, umbilical cord complications, and congenital anomalies can also potentially cause fetal distress, oxygen deprivation, and, in some cases, death. Preterm birth complications, maternal health issues, and conditions such as preeclampsia and eclampsia can cause fatal birth injuries as well.

Parents who lose children due to fatal birth injuries often suffer not only emotional harm but also significant financial losses as well. Accordingly, they will often seek to recover compensation for their emotional and economic harm through wrongful death claims.

In Maryland, the parents of a child who suffered a fatal injury are permitted to file a wrongful death claim if the infant could have lived outside of the womb. In other words, if the fetus was not viable, regardless of whether a birth injury occurred, the parents may be denied the right to compensation.

To pursue a wrongful death claim in Maryland, the surviving family members, typically the parents in the case of an infant, must show that the death resulted from the negligence or wrongful actions of another party. In other words, they typically must show that the defendant owed a duty of care to the deceased infant, that this duty was breached through negligent or intentional actions, and that the breach directly caused the infant's death.

Additionally, Maryland law requires that the surviving family members filing the claim have standing, meaning they must be recognized as beneficiaries. Damages included in wrongful death cases may include medical and funeral expenses and compensation for the emotional suffering endured by the parents due to the loss of their child. In some instances, parents may also be able to recover the income the child would have earned during their lifetime.

It's important to be aware that under Maryland law, wrongful death claims must be filed within three years of the date of death. Further, there are procedural requirements people pursuing wrongful death claims following fatal birth injuries must comply with, such as providing notice to the defendant and, if medical malpractice is alleged, obtaining a certificate of a qualified expert.

While advances in medical care have reduced the occurrence of fatal birth injuries, timely and effective treatment is critical for preventing such tragedies from happening, and when doctors neglect to provide such care, they may be liable for the damages they cause. If you lost your child because of errors healthcare providers committed before or during your child’s birth, it is vital to meet with an attorney to discuss your rights. While the trusted Baltimore birth injury lawyers of Arfaa Law Group are mindful that no amount of money can make up for the loss of a child, we understand the importance of holding reckless physicians accountable, and if we represent you, we will fight to help you seek the results you deserve. We have an office in Baltimore, and we regularly represent people throughout the city in birth injury lawsuits. You can contact us through our form online or at (410) 889-1850 to arrange a conference.