Dealing with complicated legal matters with the help of a birth injury attorney in Maryland is not something new parents have in mind. As one of the happiest moments in one’s life, no family should have to experience the tragedy of a birth injury. Unfortunately, more than one out of every 200 births involves a birth injury, according to the Centers for Disease Control and Prevention. When a healthcare provider does not provide proper care to the child and mother before, during, and after the delivery, it can result in devastating injuries to the infant. Some of these cases include minor, some major injuries, and some even fatal ones. As those cases can be among the most difficult, it is important to have a devoted Maryland birth injury lawyer to seek justice and a future full of hope for your child and you.
Dubo Law is perfectly suited to handle even the most complex birth injury cases and give your child the best life possible. With the rightful compensation, you will be able to care for your child a lot easier, also giving them lifelong care even after you are gone. We understand the physical and emotional struggle of the parents when they find out their child is injured during the delivery process. Contact childbirth injury attorney as soon as you suspect your little one suffered a birth-related injury. Dubo Law will seek compensation for medical expenses like ongoing medical care, long-term care, physical therapy, and other expenditures.
One of the Best Birth Injury Attorneys in Maryland
If you want to get the expertise you deserve, Neil Dubovsky is the right person for you. His tranquility and calm personality will guide you through your family’s difficult times. You can rest assured that you will be in more than capable hands having him on your side.
Rated as one of the Top 100 Civil Trial Lawyers in Maryland by the National Trial Lawyer Association, it shows that his achievements and success are recognized by his colleagues and other notable trial lawyer organizations. That means our small legal firm is capable of handling complex and large cases – you will not be just a number, Neil provides a hands-on approach where you will have direct interaction with one of the top-rated lawyers for birth injuries in Maryland.
What are Birth Injuries?
Birth injuries, or ‘neonatal birth trauma’ are any type of physical harm experienced during pregnancy, childbirth, or after the birthing process that can affect both the baby and the mother. It can be the result of the failure to:
- Properly or adequately respond to the birth complications
- Monitor fetal distress
- To order an emergency C-section
- Properly use forceps and vacuum extraction
- Consider or access a mother’s or baby’s risk factors
- Perform specialized tests to detect problems with the pregnancy
- Properly use medication, such as epidural anesthesia or Pitocin
- To remove the baby from the birth canal safely.
Birth injuries are more often than not preventable and occur due to the negligent action of healthcare professionals.
Healthcare providers have a legal duty to treat every patient in line with the appropriate ‘medical standard of care.’ If they fail so and their conduct results in birth injury, they could be held liable for the negligence before, during, or after the childbirth. The birth trauma lawyer in MD will ensure your child is taken care of for life. We fight for those who cannot fight for themselves.
Time Limits for the Birth Injuries Claim in Maryland
According to Maryland law, birth injuries fall under the category of medical malpractice statutes. Birth injuries claim can be filed three years from the date of discovery for the parents. While some injuries are apparent at birth, others may take years to uncover – that is why the statute of limitation starts to tick after the date of discovery of an injury.
For the child, the Maryland birth law appears to be more generous. The statute of limitations, in most cases, allows the child to file a claim anytime before he or she is 21.
Birth Injury Claim Worth in Maryland
As each case of injury during the delivery is unique, birth injury claims are based on the different factors of the case. Here are some most important elements:
- Current and future medical expenses, which can include continuing medications, anti-seizure drugs, occupational, speech, and physical therapy, neonatal intensive care unit (NICU) stay, surgical, and other specific treatments.
- Assistive devices, if the birth injury resulted in lifelong disability.
- Educational expenses if your child needs special education conditions because of the injury.
- Costs of home modification.
- Lost wages and earning potential for the parents who need to quit their job to provide adequate care to the baby.
- Pain and suffering, a dollar amount assigned to the difficulty of coping with injury.
Types of Birth Injuries
Due to the healthcare provider’s negligence, more than 28,000 newborns suffer childbirth injuries each year in the United States. While some tend to heal quickly and without permanent harm, others cause long-lasting consequences. Some of the most common birth injuries are:
The main cause of cerebral palsy is difficult childbirth, where the child is deprived of oxygen. Oxygen deficiency causes a variety of symptoms, including a lack of muscle coordination, tight or stiff muscles, weakness in one leg or arm, shaking, random involuntary movements, walking on toes (so-called ‘scissored gait’), and many others. This palsy happens when the damage occurs in the brain part that controls movement, but it also results in severe cognitive disabilities.
Hypoxic-Ischemic Encephalopathy (HIE)
This brain dysfunction is caused by the acute loss of blood and oxygen flow to an infant’s brain during pregnancy or childbirth. The amount of time the brain spends without oxygen can impact how severely the brain is damaged – some children who experience HIE may have no long-term consequences, while others will have mild to moderate consequences.
Known as brachial plexus palsy is the injury of the nerve groupings in the baby’s shoulder. It happens when the doctor or midwife pulls the baby’s head while the shoulder is stuck behind the mother’s pubic bone. The brachial plexus nerves can get stretched, torn, or ripped out of the spinal cord. The consequence is the inability to use certain muscles in the arm, hand, and shoulder. The infant’s hand will hang limply from the shoulder and fingers and wrist will be bent.
Unfortunately, around 10% of Erb’s palsy cases lead to permanent disability in the child. This child will grow significantly different from others and will have limited life activities, depending on the severity of the case.
Persistent Pulmonary Hypertension of the Newborn (PPHN)
PPHN happens when the child’s circulation does not adapt to breathing outside the womb. This happens because of the lack of oxygen before or during birth, or meconium aspiration (breathing in their own stool in the womb).
Intrauterine Growth Restriction (IUGR)
When the baby is in the bottom 10% of growth for the fetus of the same gestational age, we talk about IUGR. So the baby fails to achieve its genetically predisposed growth potential. The leading cause of IUGR is the lack of oxygen and nutrients that a baby gets from the placenta. Close monitoring by regular ultrasounds can successfully treat IUGR to prevent birth injuries.
Umbilical Cord Injuries
The umbilical cord is responsible to deliver nutrients and oxygen to the fetus, so if it gets compressed, becomes wrapped around the baby’s neck, forms knots, or develops abnormally, it can lead to severe consequences. Doctors should have spotted the issue with the baby’s umbilical cord during an ultrasound check and monitored it properly.
The accumulation of blood under the scalp is called cephalohematoma. It results from the trauma of the small blood vessels on the baby’s head. It is usually caused by excessive usage of assistive delivery tools like vacuums or forceps. Although those traumas develop outside the skull and may clear on their own, they can indicate more serious conditions such as anemia, jaundice, or infections.
When the baby’s shoulder is stuck behind the mother’s pelvic bone during the delivery, it can cause the baby not to be able to breathe. It can result in brain damage, the abovementioned Erb’s palsy, or fractured collarbone.
Skull fractures can occur due to the excessive use of force with forceps and/or vacuum extractors or by excessive contractions using drugs like Pitocin. It can result in a physical injury of the brain or bleeding.
The most tragic result of negligent childbirth care is the wrongful death of the baby. Failing to monitor the fetus or prescribing a dangerous drug can lead to child loss.
Negligent Maternal Care as Cause of Birth Injuries
Only in 2018, the maternal injuries and death rates rose across the county – statistics revealed that around 50,000 mothers suffered serious injuries, and 700 died. Some of the leading maternal conditions that can lead to birth injuries if left untreated:
- Preeclampsia is a serious condition followed by high blood pressure, high protein levels in urine, and swelling of the feet and hands. If left untreated, it can cause eclampsia, a very serious condition that can cause maternal seizures.
- Cholestasis is a potentially serious liver condition that can occur in late pregnancy. It can cause premature birth, fetal distress, breathing problems, and stillbirth. Cholestasis can be diagnosed with a blood test by monitoring the levels of bile acids in the blood.
- Several conditions can cause post-partum hemorrhage, like placenta previa, vasa previa, placental abruption, uterine rupture, untreated infections, and many more.
Liability for Birth Injury in Maryland
If the mother or baby sustains injury before, during, or after the labor, several parties might be found negligent:
- Obstetricians and gynecologists
- Attending nurses
- Medical technicians
- Drug manufacturers (if the dangerous drug caused a birth defect).
In some cases, even the primary care providers could be held liable for the birth injury. Although they are not experts in pregnancy, labor, and delivery, their failure to provide a patient with a referral to an OB/GYN could mean that the potential complications go undressed and increase the risk of birth injury.
Lawyer For Birth Injury in MD: Dubo Law
- Client-Focused & Results-Driven: Neil’s results speak for themselves – he has helped obtain millions of dollars on behalf of his clients.
- Expertise & Experience: Neil has an extensive experience in birth injury laws and personal injury litigation, so he successfully handles those cases.
- Esteemed Reputation: Being very client-friendly and attentive, Neil gained a reputation as an attorney who takes good care of his clients.
- Commitment to Timely Resolution: Dubo Law goes the extra mile for every birth injury case, so we do not take more cases than we can manage.
- Contingency-Fee Arrangement: We do not get paid unless we win, so there are no costs or legal fees unless you receive compensation.
5-STAR LEGAL SERVICES AT DUBO LAW
“I am very pleased with how Neil and Jordan handled my case. They are both very professional, warm, friendly, knowledgeable and most of all caring. All I had to do was make the call and they took care of the rest. I was able to heal and rest while they took good care of me. I am extremely grateful for them both! I highly recommend Dubo Law. And did I say how quick they were to get my case done! Just blown away! Thank you, Neil! Thank you, Jordan!”
“They took care of my case splendidly! Whenever I called the team was very informative and let me know what I needed to know when I needed to know it. With covid going on there were a few delays but the process went by smoothly as far as I know. Highly recommended!”
“I’ve been working with Neil and Dubo law since the start. The professionalism is outstanding. Not only does he work tirelessly for the best possible outcome but he also truly cares about his clients. Highly recommend!”
Maryland Birth Injuries Lawyer: Start Your Case With Dubo Law
If you are Googling ‘birth injury attorneys near me,’ you will certainly stumble upon Dubo Law. The reviews and testimonials will reveal a professional, kind, and caring attorney who is passionate about helping others. With birth injury malpractice expertise, the participants of these unspeakable tragedies will receive rightful compensation for the medical expenses, lost wages, and pain and suffering. Contact us at (443) 275-6345 and schedule a free consultation and case evaluation.
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