Labor and delivery problems can lead to a variety of health concerns for a baby. In some cases, these problems can be temporary. In other cases, however, the medical complications can be extremely serious and long-term. At Lebowitz & Mzhen, we firmly believe that health care professionals should be held accountable for any incidents of negligence. Our experienced birth injury lawyers have helped many people in the Baltimore area pursue medical malpractice claims, and we can help you as well. Our team can work diligently on your behalf in seeking the compensation that you need to regroup from the situation.Seeking Compensation for Harm Caused by Labor and Delivery Errors
The birth of a child is supposed to be a joyous occasion, but it can quickly become very stressful when there are labor and delivery problems. If your child was hurt because of errors during this process, you may be able to recover compensation for his or her harm. There are a number of birth injuries that can result from labor and delivery complications, the most serious of which involve damage to the child’s brain. Some common types of mistakes include forceps errors, vacuum errors, uterine rupture, or shoulder dystocia.
Medical malpractice occurs when a physician or health care provider fails to meet the standard of care that would be expected of other health care providers in the same specialty and geographic area who are in good standing in their profession. Doctors, nurses, anesthesiologists, and other staff members at a hospital are expected to take the precautions, in view of a certain patient’s situation, that this standard would require. If they fail to do so, and this negligence directly results in harm to an infant, the family of that infant likely can establish a claim.
Ordinary people generally do not have a clear understanding of what the standard of care in each specialized context requires. As a result, a medical malpractice attorney usually will enlist expert witnesses who can explain what should have been done differently and how the lapse in care caused the harm.
If the elements of a claim are established against a defendant, it generally will be liable for any resulting damages that are the direct consequence of the malpractice. In birth injury cases, these may be significant because the harm often extends across the rest of the child’s life. Damages that are typically sought tend to include medical expenses, the costs of future treatment, lost earning capacity, and pain and suffering.
It is important to note that in Maryland there is a Health Care Malpractice Statute that provides a mandatory arbitration system for all medical malpractice claims. The statute requires that prior to filing a lawsuit, an individual must first file with the Director of the Maryland Healthcare Alternative Dispute Resolution Office.Discuss Your Medical Malpractice Case with a Baltimore Lawyer
Unfortunately, every year a number of babies are hurt because of labor and delivery problems. At Lebowitz & Mzhen, our skilled medical malpractice attorneys have two decades of experience assisting individuals in Baltimore and elsewhere in Maryland, as well as in Washington, D.C. We understand this is a stressful time, and you can expect compassion from our entire team. For more information, call us toll-free at 800-654-1949 or contact us online.