Intellectual Disability

Unfortunately, many children in Maryland and elsewhere suffer from the negligence of healthcare providers during or shortly after the delivery process. In some birth injury cases, the consequences may be severe and lifelong. If your child has been diagnosed with an intellectual disability or is struggling to meet milestones, you should discuss your situation with a Baltimore birth injury lawyer who can help you determine whether to bring a claim against a medical professional. While an intellectual disability is often due to genetic abnormalities, it may also be the direct and tragic result of a birth injury. We can thoroughly assess the facts of your case and determine the viability of your claim.

Intellectual disability refers to a condition that involves below-average intelligence or mental ability. This disability typically originates in infancy or before the age of 18. An intellectual disability with an onset or diagnosis after the age of 18 is considered dementia. An intellectual disability is a neurodevelopmental disorder that significantly affects a child’s intellectual ability and adaptive functioning. As a practical matter, those with an intellectual disability do not have the skills necessary for independent daily living.

In birth trauma cases, an intellectual disability can be caused by a lack of oxygen or blood flow to the baby during the labor and delivery process. All medical professionals involved in the labor and delivery process have an obligation to treat mother and baby with a standard level of care. Prompt action is almost always required when the labor has gone on for too long or when the baby shows signs of fetal distress.

If your child’s intellectual disability was the result of a birth injury, you may be able to file a medical malpractice claim against the at-fault party. Medical malpractice refers to negligence by a health care professional that causes harm to a patient. Negligence takes place when a medical professional deviates from the standard of care that is generally accepted in his or her area of specialty, and this deviation is a direct cause of harm to the patient. Similar to other malpractice cases, expert testimony usually will play a key role in establishing the elements of the claim.

In Maryland, certain procedural requirements must be met before a medical malpractice lawsuit can be filed in court. The Maryland Health Claims Arbitration Act requires that before filing a lawsuit, an individual must file a claim with the Director of the Maryland Health Care Alternative Dispute Resolution Office. The plaintiff is also required to submit a certificate from a qualified expert, asserting that the medical professional deviated from the generally accepted standard of care and was the cause of the patient’s injury.

At Arfaa Law Group, our Baltimore medical malpractice attorneys have extensive experience representing children and their families in medical malpractice and birth injury cases. These claims can be very complex and require a knowledgeable lawyer to help you handle your claim. We represent victims and their loved ones throughout the state of Maryland. To schedule a free consultation with a personal injury attorney, call 410-889-1850 or contact us online.