If your baby has suffered a brachial plexus injury due to the negligence of a health care provider in the Baltimore area, you may want to seek advice from a birth injury lawyer at Lebowitz & Mzhen. Our team works diligently to pursue compensation for children and families who have been harmed by medical malpractice. We understand that no amount of money can erase the pain and stress caused by a birth injury. However, it can ease the burden of daily expenses that children and their families have to deal with, while also giving them a sense that justice has been served.Take Legal Action against a Negligent Professional after a Brachial Plexus Injury
Brachial plexus injuries take place when the bundle of nerves located between the neck and shoulder is damaged during delivery. These nerves may be stretched, or in the most serious cases, torn. This type of harm to a newborn child can cause temporary or long-term disabilities. Brachial plexus injuries can result in a variety of conditions, including Erb’s palsy, Klumpke’s palsy, Horner’s Syndrome, and even complete palsy.
When a birth injury is caused by a health care provider’s mistake, the patient or the patient’s family may be able to recover damages by filing a medical malpractice claim. Malpractice usually occurs when negligence by a doctor, nurse, or other professional causes harm to a patient in the form of injury, disability, or death. Health care providers are required to follow a specific standard of care that is connected to their particular specialty and the geographic area in which they practice. In other words, a treating obstetrician and/or obstetrical nurse must provide a level of medical care and skill that other reasonably competent obstetricians and/or obstetrical nurses would have provided under the same or similar circumstances. If a health care professional - such as an obstetrician or obstetrical nurse - fails to follow the proper standard of care, and that failure causes an injury, you may have a medical malpractice claim.
An injured patient can potentially seek both economic and non-economic damages for the harm suffered. The exact amount of compensation that an individual or family may be able to recover will vary depending on the extent of the injury. Economic losses include the cost of a newborn's past, present and future: medical care, occupational and physical therapy, nursing care, and the diminution of earning capacity caused by a birth injury. There is no law in Maryland artificially capping the amount of economic losses recoverable. Non economic damages are those damages for the injury itself and the pain and the suffering associated with the medical injury, as well as scarring and disfigurement and other damages that no amount of money can be used to purchase a cure. Unfortunately, the State of Maryland has placed an artificial cap on non-economic damages which sadly injures the most seriously injured victims of medical malpractice.
In rare cases, an injured patient may be able to pursue punitive damages. These may be sought in cases when there is clear and convincing evidence of an evil motive, an intent to injure, or fraudulent activity. Punitive damages are not subject to any cap or limitation.Seek Legal Guidance in Baltimore for a Medical Malpractice Claim
Birth injuries can have serious and long-term consequences for a child. At Lebowitz & Mzhen, we understand the emotional and financial toll that they can take. Our knowledgeable medical malpractice attorneys work diligently to assert the rights of Baltimore individuals and families to the compensation they deserve for their harm. We represent clients throughout Maryland and in Washington, D.C. as well. For a free consultation, call us toll-free at 800-654-1949 or contact us online.