After anticipating a healthy child, it’s distressing to realize your baby was injured at birth. Many babies suffer minor injuries and they heal without treatment. However, some birth injuries are serious and they can lead to long-term health issues. This can make adjusting to life with a newborn a lot harder. Giving your child the best possible life will be difficult if there are numerous surgeries and hospital visits in your future. As birth injury attorneys in Maryland, we see several scenarios like this.
The good news that you may be able to get compensation for your baby’s injuries. This won’t necessarily make their condition go away. However, it can make it easier for you to give them the care they need. Depending on the severity of the injury, you may be eligible for a large settlement. However, you need to work closely with an experienced Baltimore, Maryland birth injury lawyer.
How A Baltimore Birth Injury Attorney Can Help You
Many families don’t get the compensation they deserve for their little one’s injuries. In many cases, it’s because they don’t know that the injury resulted from negligence. Some birth injuries are unavoidable, especially in difficult births. However, sometimes the harm is caused by a mistake by someone on the medical team. If you suspect malpractice, you should consult an attorney. They will look into the case and determine whether you have grounds for filing a lawsuit.
Some birth injuries occur because doctors don’t do what they should to keep mothers and their babies safe. They may discover complications too late or fail to perform a c-section in time. When this happens, the injuries can be so serious that the child needs a lifetime of treatment. When you work with an attorney, they will take all your expenses and losses into consideration.
The first thing the lawyer will do is to review your child’s medical records. They’ll need to ascertain that the baby suffered a birth injury rather than a birth defect. A birth defect is a malformation that develops while the baby is in the uterus. On the other hand, birth trauma occurs during labor and delivery. It can be due to the use of forceps or vacuum extraction to help get the baby out.
Having established that your child suffered an avoidable injury, your Baltimore, Maryland birth injury lawyer will likely try to get a settlement. The at-fault party may be an OB/GYN, a nurse, another medical professional or the medical facility. If you’re lucky, their insurance company will offer you a fair settlement for your losses. However, sometimes you need to file a medical malpractice lawsuit to get the compensation you deserve.
Claiming Damages in a Birth Injury Case
There is no cap on the economic damages you can recover in Maryland. However, you must be able to prove all the damages you claim. Economic damages include:
- Medications, doctor’s visits, and treatments
- Special education costs
Your attorney will consider all the various factors in determining the amount to claim. Medical experts will be called to testify as to the severity of the baby’s injuries. They will also give their opinion on whether the doctors or nurses were negligent. Other professionals may be asked to estimate how much the injury will cost over the child’s lifetime.
A demand letter will then be sent to the liable party. Even though you may have to file a lawsuit, it is unlikely that the case will go to trial. It is usually in the best interest of both the victim and the defendant to settle out of court. Since birth injury cases can be complex, you need to hire an experienced attorney. You need someone who displays compassion even as they fight for your rights. Given what is at stake, you need to ensure you have the best representation possible.
Contact Pinder Plotkin if Your Baby Was Injured at Birth
If your baby was injured at birth that won’t heal on its own, you deserve to get compensation. Conditions like cerebral palsy and other brain injuries can significantly affect your child’s development. Getting the compensation you deserve can help to relieve the financial burden the injury causes. It also ensures your baby gets the medical treatment they deserve even if you can’t afford it.
Some birth injuries fall into the category of medical malpractice. In Maryland, you generally have until your child’s 11th birthday to file a malpractice lawsuit. However, it’s important that you contact an attorney as soon as possible after you discover the injury. It will take time to investigate the case. If you wait too long, it may become harder to prove that a particular person or entity was responsible. Contact the Baltimore, Maryland injury attorneys at Pinder Plotkin LLC today for a free consultation.