This Article was created in partnership with Fox45 News

Birth injuries can have profound and lasting impacts on children and their families, requiring comprehensive support and resources. Choosing the right birth injury lawyer is a vital part of working through the challenges associated with birth injuries and receiving compensation for damages, but it’s not the only piece of the puzzle.

There are several steps families need to take as they respond to the aftermath of such an unfortunate situation. The journey toward recovery will most likely not be simple or easy, but with the right people in your corner and the proper guidance, the hope is that the process is not overwhelming.

To help accelerate your efforts, here is a roundup of important steps to follow and resources to utilize when addressing a birth injury case:

1. Seek medical attention: The first step is to ensure the child receives appropriate medical care. Prompt evaluation and treatment can help mitigate the effects of the injury and prevent further complications. Consult with pediatricians, specialists, and therapists to develop a comprehensive care plan for the child. If parents are suspicious of any medical malpractice, it is often best to work with a different provider than where the birth occurred.
2. Document everything: Keep detailed records of the child’s symptoms, medical appointments, treatments, and outcomes. Documentation will be crucial for evaluating the extent of the birth injury, calculating financial losses, and building a strong legal case if medical negligence is suspected.
3. Consult with a birth injury lawyer: Consider consulting with a qualified birth injury lawyer who specializes in medical malpractice cases. Lawyers at Wais, Vogelstein, Forman, Koch & Norman in Baltimore can provide guidance on legal options, evaluate the viability of the case, and advocate for the family’s rights and interests.
4. Join support groups: Connect with other families who have experienced similar challenges by joining support groups or online communities for parents of children with birth injuries. Sharing experiences, resources, and advice can provide valuable emotional support and practical assistance.
5. Access financial assistance: Explore financial assistance programs and resources available to families of children with disabilities or special needs. These may include government benefits, nonprofit organizations, and charitable foundations that offer financial aid, grants, or scholarships to help cover medical expenses and support services.
6. Stay informed: Read and watch updates about the latest research, treatment options, and legal developments related to birth injuries. Knowledge is empowering and can help families make informed decisions about their child’s care and legal rights.

By following these steps and utilizing available resources, families can navigate the complexities of addressing a birth injury with confidence and resilience. With the right support and advocacy, they can ensure that their child receives the care, compensation, and opportunities they need for a brighter future.

This Article was created in partnership with Fox45 News

Birth injuries range from bone fractures to cerebral palsy to birth asphyxia to many other varieties. Each one can have profound and lasting impacts on children and their families. These injuries may result from medical malpractice, complications during labor and delivery, or underlying medical conditions. Prompt medical intervention and legal action are essential to ensure that affected families receive the necessary support, care, and compensation.

When filing a birth injury case, one crucial aspect that families must understand is the statute of limitations, which sets a deadline for filing a claim related to the incident. If the deadline passes, the right to sue may be lost forever. Each state has its own laws governing the statute of limitations for birth injury cases, and the time frames can vary significantly. Knowing these time limits and acting quickly can make a significant difference in the outcome of a case.

In Maryland, here are the birth injury guidelines to keep in mind:

1. Standard time frame: The statute of limitations for filing a medical malpractice claim, including birth injuries, is five years from the date the injury occurred. Under the discovery rule, the deadline may also be three years from when the injury was discovered. The shorter of the two timeframes is the one that is honored.

2. Exceptions for minors: Many states, including Maryland, provide exceptions for minors, allowing a longer period for filing a claim. This can extend the deadline until the child reaches a certain age, often 18 years old, plus an additional period (usually three years after reaching adulthood). Wais, Vogelstein, Forman, Koch & Norman in Baltimore recommends calling a lawyer even if you think it’s too late to file a claim because it often isn’t. An experienced birth injury attorney will know the ins-and-outs of Maryland law and will be able to build the best possible case.

Sooner is always better in these types of cases. Families should diligently pay attention to anything that appears wrong with the delivery process or the baby’s health. Legal experts advise people to act early for the following reasons:

Preservation of evidence: The sooner a case is initiated, the easier it is to collect and preserve evidence. Medical records, witness statements, and expert testimonies are critical for building a strong case.

Timely medical care: Early identification and treatment of birth injuries can improve outcomes and reduce the severity of long-term complications. Prompt legal action can also secure the financial resources needed for medical care.

Legal rights: Understanding and adhering to the statute of limitations ensures that families do not lose their legal right to seek compensation. Missing the deadline can result in the case being dismissed, regardless of its merits.

Selecting a qualified birth injury lawyer is essential for navigating the complexities of these cases, ensuring that the statute of limitations is met, and allowing families to focus on recovery rather than legal processes. That selection should be influenced by experience and expertise, medical knowledge, communication skills, and an oft-overlooked trait, compassion. An empathetic lawyer or law firm will not only provide legal guidance but will also connect with the affected family and take an interest in the baby’s health and how the family is handling the challenge emotionally.

Ultimately, understanding the statute of limitations in birth injury cases is essential for ensuring that families can seek the compensation they deserve. By acting promptly and choosing a qualified birth injury lawyer, justice can be served, and families can move forward from this harrowing experience as best they can. That being said, it is never too late to speak to a lawyer and get answers about your case.

This Article was created in partnership with Fox45 News

Birth injuries can be devastating for both the child and their family. They can result in long-term physical, emotional, and financial challenges. From a legal perspective, understanding the causes, types, and options available for victims is crucial in ensuring justice and compensation for those affected.

Birth injuries can occur due to various factors. Some common causes include:

1. Medical negligence: This occurs when healthcare providers fail to provide a standard level of care during pregnancy, labor, or delivery. This can happen through improper use of medical instruments, failure to monitor fetal distress, or delayed C-sections.
2. Complications during labor and delivery: Certain complications during labor and delivery can increase the risk of birth injuries. These include prolonged labor, fetal distress, umbilical cord complications, and breech presentations.
3. Underlying medical conditions: Some birth injuries may result from underlying medical conditions, such as maternal infections, placental abnormalities, or genetic disorders.

Birth injuries can manifest in many different forms, ranging from mild to severe. Some examples that are often seen are:

1. Cerebral palsy: This is a group of disorders affecting movement and posture, often caused by brain damage during childbirth. Symptoms may include muscle stiffness, poor coordination, and developmental delays.
2. Hypoxic-Ischemic Encephalopathy (HIE): Also called brain cooling, this occurs when the baby’s brain is deprived of oxygen during childbirth, leading to brain damage. HIE can cause cognitive impairments, seizures, and developmental delays.
3. Erb’s palsy: This is a paralysis of the arm caused by injury to the brachial plexus nerves during delivery. It can result in weakness or loss of function in the affected arm.
4. Bone fractures: Fractures of the clavicle or other bones may occur during difficult deliveries, particularly when excessive force is applied.

Not all cases of birth injuries will result in compensation. Some injury cases cannot be viably pursued because of the cause and nature of the injury. However, some victims of birth injuries and their families may be able to recover compensation for their damages, with the help of expert birth injury lawyers like the ones at Wais, Vogelstein, Forman, Koch & Norman in Baltimore.

“The sad reality of today, is that healthcare providers have gotten very good at downplaying your own thoughts,” Managing Partner Keith D. Forman said. “If you have questions or think something may be wrong, trust and follow your gut.”

In birth injury cases, victims are legally entitled to recover medical expenses, including hospital bills, rehabilitation costs, and ongoing medical care; damages for emotional distress and diminished quality of life, also known as pain and suffering; compensation for lost wages; and compensation for therapy and assistive devices needed to improve the child’s functioning and quality of life.

The following steps should be taken if someone is in the unfortunate position of having to pursue a claim related to a birth injury.

1. Consultation with a birth injury lawyer: The first step is to consult with a qualified birth injury lawyer, such as Wais, Vogelstein, Forman, Koch & Norman, who can evaluate the case and determine its viability. A lawyer with experience in medical malpractice and birth injury cases can provide valuable guidance about the chances of a claim’s success.
2. Investigation and documentation: The lawyer will conduct a thorough investigation into the circumstances surrounding the birth injury, including reviewing medical records and consulting medical experts. Documentation of the injury, its impact on the child’s life, and associated medical expenses is crucial.
3. Filing a lawsuit: If there is evidence of medical negligence or wrongdoing, the lawyer may file a lawsuit against the responsible parties, which may include healthcare providers, hospitals, or medical facilities.
4. Negotiation or trial: In many cases, birth injury lawsuits are resolved through negotiation or mediation, where parties reach a settlement agreement. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

Birth injuries can have profound and long-lasting effects on the lives of those affected. By consulting with a qualified birth injury lawyer and understanding their legal rights, victims can take steps toward securing the support and resources they need to cope with the challenges ahead.

“It’s a marriage between us and our clients. The litigation process is not fun, and we will be spending an incredible amount of time together, but one of the most important factors in choosing a law firm is your comfort level. We want to make sure we fit with your family,” Forman said.

This Article was created in partnership with Fox45 News

Identifying birth injuries early is crucial for ensuring prompt medical intervention and seeking legal recourse if necessary. There are a lot of moving parts after a baby is born, but parents need to be vigilant as they spend time with their children because these first days, weeks, and months are critical for noticing potential signs of birth injuries. If any alarming symptoms present themselves, parents must take appropriate action as soon as possible to protect their child’s well-being and legal rights.

Here is a roundup of the most common signs that a birth injury has occurred.

• Abnormalities in movement or functioning: Noticeable abnormalities in the child’s movement or functioning, such as difficulty in using limbs symmetrically, favoring one side of the body, or delays in reaching developmental milestones.
• Persistent crying or irritability: Excessive crying, irritability, or signs of distress that do not improve with comforting measures.
• Difficulty with feeding or sucking: Difficulty with breastfeeding or bottle-feeding, including poor latch, weak sucking reflex, or inability to coordinate swallowing and breathing.
• Abnormalities in muscle tone: Unusual muscle tone, such as stiffness or floppiness, particularly in the arms, legs, or neck.
• Seizures or tremors: Seizures, tremors, or involuntary movements that occur spontaneously or during specific activities.
• Respiratory issues: Persistent respiratory problems, such as difficulty breathing, rapid breathing, or cyanosis (bluish discoloration of the skin).
• Obvious physical injuries or blemishes: Any fractures in the baby’s bones or bruises on the scalp, face, or body.

While these symptoms may be associated with other conditions that are not as serious, it is still best to consult trusted medical and legal professionals to make sure your child and your entire family are safe and secure going forward. Here are some helpful steps to take if you are concerned about your child’s health and development.

1. Seek medical evaluation: Parents should seek prompt medical evaluation from a qualified healthcare provider, such as a pediatrician or pediatric neurologist, who can assess the child’s condition and determine if further diagnostic tests or interventions are necessary. If parents are suspicious of any medical malpractice, it is often best to get a second opinion from a different provider than where the birth occurred.
2. Document symptoms and medical care: Keep detailed records of the child’s symptoms, medical appointments, treatments, and outcomes. Documentation will be crucial for evaluating the extent of the birth injury and establishing a legal case if medical negligence is suspected.
3. Consult with a birth injury lawyer: If there is evidence of medical negligence or wrongdoing contributing to the birth injury, parents should immediately consult with a skilled birth injury lawyer, such as those employed at Wais, Vogelstein, Forman, Koch & Norman in Baltimore. A lawyer with experience in medical malpractice cases can provide guidance on legal options, help protect the family’s legal rights, and work with medical experts who can provide reliable testimony to strengthen the case.

“The sad reality of today is that healthcare providers have gotten very good at downplaying your own thoughts,” Managing Partner Keith D. Forman said. “If you have questions or think something may be wrong, trust and follow your gut.”

If medical malpractice is determined to have occurred, parents of children with birth injuries may be able to recover compensation for their damages, including:

1. Medical expenses: Compensation for past and future medical expenses related to the birth injury, including diagnostic tests, treatments, and therapy.
2. Pain and suffering: Damages for the physical pain, emotional distress, and diminished quality of life experienced by the child and family as a result of the birth injury.
3. Lost earnings: Compensation for lost income or earning capacity if the child’s birth injury results in long-term disability or impairment that affects the parent’s ability to work.
4. Special education and rehabilitation: Coverage for special education services and even devices needed to support the child’s development and functioning.

Recognizing signs of birth injuries early and taking prompt action is essential for ensuring the well-being of the child and protecting the family’s legal rights. By seeking medical evaluation, documenting symptoms, and consulting with the birth injury lawyers at Wais, Vogelstein, Forman, Koch, and Norman, parents can take proactive steps toward obtaining compensation for their child’s injuries and securing the support they need to navigate the challenges ahead.

“I can always guarantee one thing – we will give you more answers about what happened during delivery than your doctor. They may not be the answers you were hoping for, but we will give you answers,” Forman said.

As an expecting parent, you hope for a healthy birth, but malpractice, mistakes, and complications can lead to birth injuries. These injuries can range from minor to severe and can have a profound impact on the child’s life.

In this article, we’ll explore the different types of birth injuries and how they can impact your child. Plus, we’ll review the legal recourse available to families affected by these injuries.

Birth injuries: an overview

A birth injury is any physical or neurological damage sustained by a baby during the birthing process. These injuries can vary in severity, ranging from minor conditions that may resolve on their own to life-threatening complications that require extensive medical intervention. Some birth injuries are preventable, resulting from medical negligence or errors during prenatal care, labor, or delivery. Others are unavoidable due to unforeseen circumstances or the complexities of childbirth.

Regardless of their cause, birth injuries can have a profound and long-lasting impact, both on the child and their family. These injuries can have various results, including physical disabilities, cognitive impairments, developmental delays, chronic pain, and emotional trauma. The severity of the injury often determines the extent of the impact on the child’s physical, mental, and emotional well-being.

The toll on families coping with a birth injury can be immense, as families may experience grief and anxiety about their child’s future. They may also struggle with the financial burden of medical care, therapy, and specialized equipment, which can be overwhelming.

Recognizing the gravity of birth injuries, it is crucial for families to seek legal support if they suspect their child has suffered a preventable injury during childbirth. Medical malpractice laws exist to hold healthcare providers accountable for negligence or errors that result in birth injuries. By pursuing legal action, families can obtain compensation for the medical expenses and long-term care required. Pursuing a lawsuit can also help prevent similar incidents from occurring in the future, ensuring safer childbirth practices for all.

It isn’t always immediately clear if the birth injury was preventable or not, nor whether malpractice caused it. Law firms will often offer no-cost consultations. During these consultations, they’ll get a better picture of what happened and help you understand whether your child’s injury was the result of negligence or malpractice.

Common types of birth injuries:

• Hypoxic-ischemic encephalopathy (HIE) is a condition that occurs when the brain is deprived of oxygen and blood flow. This can happen during labor and delivery or shortly after birth. HIE can cause a variety of problems, including cerebral palsy, intellectual disability, and seizures.
• Cerebral palsy is a group of disorders that affect movement and coordination. It is the most common birth injury, affecting about 2 out of every 1,000 babies born in the United States. HIE or other factors, such as premature birth and infections, can cause cerebral palsy.
• Kernicterus is a condition that occurs when the brain is damaged by bilirubin, a yellow pigment that is produced when red blood cells break down. It can cause intellectual disability, hearing loss, and cerebral palsy.
• Autism Spectrum Disorder (ASD) is a neurodevelopmental disorder that affects social interaction, communication skills, and behavior. While the exact cause of autism is still unknown, some studies suggest that certain genetic and environmental factors, including birth complications, may contribute to its development.
• Developmental delays refer to a significant lag in achieving developmental milestones, such as motor skills, language, cognitive abilities, and social-emotional skills. These delays can be caused by various factors, including birth injuries that affect the brain’s development or oxygen supply during labor and delivery.
• Seizure disorders, such as epilepsy, involve recurrent seizures caused by abnormal electrical activity in the brain. Birth injuries, particularly those that result in hypoxic-ischemic encephalopathy (HIE) or brain trauma, can increase the risk of developing seizure disorders later in life.

This list represents a few of the most common birth injuries that can occur, but any birth injury can have a profound impact on the child and their family. If you are unsure about a condition or circumstance related to your child’s birth, a legal professional can help you get unbiased answers.

The impact of birth injuries on children

Birth injuries can cause a variety of problems, including cerebral palsy, physical and intellectual disabilities, spinal cord injuries, hearing loss, and vision problems. These injuries can have a lifelong impact on the child, affecting their physical, mental, and emotional well-being.

Children with birth injuries may require lifelong medical care and therapy, which can be a financial burden for their families. They may also experience social and emotional challenges, such as difficulty attending school, forming friendships, and finding employment. In some cases, birth injuries can even be fatal.

The impact of birth injuries on children is not limited to the physical and emotional toll they take. They can also have a significant financial impact on families. Medical expenses, therapy, and other costs associated with caring for a child with a birth injury can be overwhelming. In some cases, families may even be forced to give up their jobs or homes to provide the care that their child needs.

The emotional impact of birth injuries on families is also significant. Parents of children with birth injuries may experience grief for their child. They may also struggle to cope with the challenges of caring for a child with special needs. In some cases, the stress of caring for a child with a birth injury can lead to divorce or other relationship problems.

The consequences of birth injuries can significantly affect both the child and their loved ones. Coping with the physical, emotional, and financial burdens that come with these injuries can be incredibly difficult. If you or your child has experienced a birth injury, it is crucial to consult with a lawyer. You may have a right to receive compensation for the harm you have endured.

 

Preventing birth injuries

The prevention of birth injuries is of utmost importance for the well-being of newborns and their families. There are several steps that can be taken to reduce the risk of birth injuries, providing a safer birthing experience and minimizing potential lifelong consequences.

Firstly, choosing an experienced and qualified healthcare provider, such as an obstetrician or midwife, is crucial. Their expertise and knowledge play a vital role in managing pregnancies and handling childbirth effectively. Regular checkups and prenatal care are essential, as they allow healthcare providers to monitor the health of both the mother and the developing fetus. This enables early identification and management of any potential complications that may increase the risk of birth injuries.

Additionally, maintaining a healthy lifestyle during pregnancy can significantly reduce the chances of birth injuries. This includes avoiding harmful substances such as alcohol, tobacco, and recreational drugs, as they can negatively impact fetal development. Taking prenatal vitamins as prescribed by a healthcare provider provides additional nutrients to support the baby’s growth and development.

Furthermore, being aware of potential risk factors associated with certain medical procedures is crucial. For instance, some interventions, such as the use of forceps or vacuum extraction during delivery, may increase the likelihood of birth injuries.

Discussing these risks with healthcare providers and understanding the circumstances under which these procedures may be necessary allows expectant parents to make informed decisions.

By implementing these preventive measures and prioritizing the health and well-being of both the mother and the baby, it is possible to reduce the risk of birth injuries, giving newborns the best chance for a healthy and fulfilling life.

Unfortunately, even with all the preventive measures in place, a birth injury might occur, and even the most experienced medical practitioner can make a mistake leading to a birth injury. In these cases, it is important to know what your options are.

Legal recourse for birth injuries

Medical malpractice lawsuits can be complex and challenging, but an experienced birth injury lawyer can help parents navigate the legal process and fight for the compensation they deserve.

In a birth injury lawsuit, the parents of the child may be able to recover damages for the child’s medical expenses, lost wages, and diminished earning capacity. They may also be able to recover damages for their child’s pain and suffering, though these claims are often limited.

The amount of damages that may be awarded in a birth injury lawsuit will vary based on various factors, including:

• The severity of the child’s injuries
• The specific circumstances of the case
• The location of the hospital the child was injured in

In many cases, damages may exceed $1 million.

It is important to note that there is a statute of limitations for filing a birth injury lawsuit. This means that parents have a limited amount of time to file a lawsuit after their child’s birth injury. The statute of limitations varies from state to state, so it is important to speak to an attorney as soon as possible if you believe your child has suffered a birth injury. Even if you think the injury happened too long ago, you should still contact an attorney, as they will know the specifics of the law in your area and may be able to find a way to make the case.