Signs and Symptoms of Birth Injuries

The birth of a child is one of life’s most significant milestones, and new parents are often overwhelmed by the joy they feel once their children enter their lives. Sadly, though, the happiness that some parents experience is diminished by the fact that their children suffered preventable harm at birth. The signs and symptoms of birth injuries can be subtle and may initially go unnoticed, which may make it more challenging to prove that they were caused by medical negligence. If your child suffered harm at birth and you are interested in pursuing claims against the health care providers responsible for their losses, it is smart to contact an attorney promptly. The skilled Baltimore birth injury lawyers of Arfaa Law Group understand the devastation families suffer due to medical mistakes, and if you hire us, we will help you seek the full extent of compensation recoverable for your losses.

The signs and symptoms of birth injuries range from subtle to obvious. For example, if a baby drools or grunts excessively, is fussy, or arches their back while crying, it may be due to an undiagnosed birth injury. Reduced heart rates and oxygen levels, nerve damage, fractures, and seizures are often caused by birth injuries as well. Other signs of birth injuries include looseness and stiffness in the muscles, sensitivity to light, diminished reflexes, and difficulty swallowing, suckling, or eating.

Regardless of the nature of a child’s birth injury, their parents will most likely seek to hold the medical professionals responsible for their child’s losses accountable. In most birth injury cases, the plaintiff will argue that the defendant acted negligently. In Maryland, a party asserting a negligence claim must show that the defendant owed them a duty, a breach of the duty owed, causation, and damages.

In birth injury cases, the duty the defendant owes the plaintiff is to offer treatment that meets the applicable standard of care, which is the care a competent professional working in the same specialty would provide in a similar situation. A breach is any behavior that demonstrates a failure to comply with the standard of care. Demonstrating causation requires the plaintiff to prove that the defendant’s breach of the duty owed proximately caused the birth injuries in question. Finally, the plaintiff must establish that they suffered quantifiable harm. In the majority of cases, the plaintiff will need to offer testimony from a medical expert regarding the standard of care, the manner in which the defendant deviated from the standard, and how the defendant’s actions caused the plaintiff’s harm.

Parents aggrieved by their children’s birth injuries and injured children both have the right to seek compensation for birth injuries, but different statutes of limitations apply to each of their claims. Specifically, in Maryland, a minor injured by medical malpractice has until three years after their eighteenth birthday to pursue claims against the party responsible for their harm. Their parents, conversely, must pursue their claims within five years of the date of harm, or within three years of when the harm was uncovered, whichever occurs earlier. In other words, the statute of limitations on the parents’ claim does not begin to run until they actually uncover or reasonably should uncover the cause of their child’s harm. Regardless of when it is discovered, though, their claims must be filed within five years of when the injury occurred.

The signs and symptoms of birth injuries are often subtle but nonetheless indicate significant harm. If a negligent medical professional injured your baby at birth, you might be owed damages, and you should speak to an attorney as soon as possible. The experienced Baltimore lawyers of Arfaa Law Group can advise you of your rights and formulate persuasive arguments on your behalf, to help you seek a favorable outcome. We have an office in Baltimore, where we frequently represent parties in birth injury lawsuits. You can reach us via our online form or by calling us at (410) 889-1850 to set up a confidential meeting.