We all want to believe that we are in good hands at the time of labor and delivery. Unfortunately, medical errors do take place, often leaving a newborn to deal with long-term conditions, such as developmental problems and delays. If your child has been diagnosed with developmental delays, you can speak to an experienced Baltimore medical malpractice lawyer at Lebowitz & Mzhen. We can assess whether negligence may have played a role in your child’s condition. At Lebowitz & Mzhen Personal Injury Lawyers, we have represented many victims of medical malpractice and can work diligently to seek the compensation that your child deserves. We proudly represent people in Washington, D.C. and throughout Maryland.Holding a Health Care Provider Accountable for a Developmental Delay
Developmental delays occur when a child is not reaching developmental milestones at the expected time. Some examples of developmental milestones include crawling, walking, and talking. These delays can persist over time and manifest as long-term disabilities. In some cases, developmental delays require life-long care, including care from infants and toddlers programs provided by the Maryland county where the child's family lives, occupational therapy, physical therapy, and nursing care.
Developmental delays can often be traced to the labor and delivery process, during which events may have occurred that can cause brain damage, such as the improper use of forceps to deliver the baby, a delayed C-section, or any condition that prevented oxygen from reaching the baby’s brain. Reduced oxygen to the brain is known as hypoxia. Development delays, including cognitive impairments and disabilities, can also occur due to substandard medical care in the hospital’s neonatal intensive care unit (NICU). These are just a few examples, and there could be many other causes, which is why it is important to speak to an attorney who can meticulously analyze the facts.
If you suspect that your child’s developmental delay was caused by a health care provider’s error, you may be able to seek damages through a medical malpractice claim. These claims are appropriate when someone is harmed while under the care of a medical professional, due to the fact that the defendant failed to comply with the accepted standard of care for a professional in good standing in his or her specialty. The plaintiff mustestablish that the health care provider’s failure to meet the established standard of care was a direct cause of his or her harm. In other words, he or she likely would not have been harmed if the defendant had used the appropriate level of care. Expert testimony always plays a central role in supporting a birth injury case. Experts typically consulted will be in the fields of obstetrics and gynecology, neonatology, radiology, pediatrics and neonatal perinatal medicine, economics, and life care planning.
If medical malpractice is shown, a plaintiff usually can secure monetary damages for both economic and non-economic forms of harm. These tend to include compensation for medical expenses, rehabilitation costs, home health care, prescriptions, future lost wages, pain and suffering, and more. The amount of compensation that is appropriate in a certain case will depend on the nature and severity of the developmental delay. For example, long-term harm likely would require more significant and expensive treatment, which a damages award would reflect.Discuss Your Medical Malpractice Claim with a Baltimore Lawyer
At Lebowitz & Mzhen Personal Injury Lawyers, our Baltimore medical malpractice attorneys are ready to tenaciously fight for your legal rights. We take pride in keeping our clients informed at each step of the legal process. Our firm represents injured patients and their families in Washington, D.C. and throughout Maryland, including in Baltimore City, Glen Burnie, Annapolis, Rockville, Germantown, Bethesda, Upper Marlboro, Hyattsville, Bowie, Silver Spring, Towson, Columbia, Takoma Park, and other communities throughout Anne Arundel, Montgomery, Prince George's, and Carroll Counties. To set up a free consultation with a birth injury attorney, call us at 800-654-1949 or at 410-654-3600, or contact us online.