Birth Injury Lawyers

Malpractice-related birth injuries are more common than most parents think. Medical providers are entrusted to provide adequate care during pregnancy, delivery, and aftercare. However, any medical mistake during those times can possibly result in devastating consequences to the child and your family. Murphy Falcon & Murphy is a team of highly experienced lawyers who specialize in these types of sensitive and complex cases.

Maryland Statute of Limitations

The limitations period in health care negligence claims is five years from the time the injury was committed or three years from the date the injury was discovered, whichever is shorter.

Did you know?

• According to the U.S. Department of Health & Human Services (HHS), every year in the U.S. there are just under 30,000 babies who are born with some form of birth injury. This means there is a baby born with some type of birth injury every 20 minutes in the U.S.
• Birth injuries are much more common in male babies compared to girls. The injury rate per 1,000 births is over 6.9 for boys compared to 5.1 for girls. The obvious reason is that male babies generally are significantly larger which makes passing through the birth canal more difficult.
• Only a small percentage of the total reported birth injuries are classified as “minor.” Over 80% of all reported birth injuries are classified as “moderate to severe” which includes broken bones, brain damage, and nerve damage.
• Infant mortality rates in the United States are approximately 586 for every 100,000 live births. The top 3 leading causes of infant mortality are congenital malformations, low birth weight, and sudden infant death syndrome.
• Birth injuries account for 20% of all infant fatalities which makes birth injury the 4th leading cause of infant deaths in the U.S. This means for every 100,000 babies delivered, approximately 135 of them will die as the result of some form of birth injury.

What Types of Birth Injuries Are Caused by Malpractice?

Obstetricians and gynecologists are entrusted to take proper care of mothers and their babies throughout the pregnancy, labor, and delivery. When one of these physicians is negligent in his or her professional duties, it could cause serious birth injuries to the child. Medical malpractice such as lack of prenatal care, failure to diagnose and treat maternal conditions, lack of labor preparedness, and misuse of birth-assisting tools could contribute to the following birth injuries.

Brain Injuries and Related Neurological Conditions

Injuries to an infant’s brain before and/or during labor and delivery could have lifelong results. A few of the most common malpractice-related causes of infant brain injuries include umbilical cord problems, lack of oxygen to the baby’s brain, failure to monitor fetal vital signs, failure to order an emergency cesarean section, failure to take proper steps to respond to a birth emergency, and mistakes such as fracturing the baby’s skull during delivery or shortly after. An injury to the brain at its early stages of development could lead to the following conditions:

• Cerebral palsy – Cerebral palsy is a lifelong neurological condition that affects the ability of the child to move. Motor skills and coordination can suffer to different degrees. Lack of oxygen to the brain can contribute to cerebral palsy.
• Attention Deficit Hyperactivity Disorder (ADHD) – If physicians diagnose your child with ADHD later in life, it could stem from brain trauma before or during birth, including oxygen deprivation. The same could also be true of autism and Asperger’s Syndrome.
• Kernicterus – Kernicterus can happen in an infant with severe jaundice after birth. Failure to properly treat kernicterus could result in bilirubin entering and permanently damaging the infant’s brain tissues.
• Brain damage – Head and brain trauma during or after birth (e.g. a nurse dropping a child on his/her head) or injuries to the infants’ spinal cord could lead to temporary or permanent brain damage. Maternal infections such as herpes or syphilis could also cause infant brain damage.

Traumatic and acquired head or brain injuries may impact an infant’s brain development and culminate in long-lasting physical or cognitive difficulties. Physicians may diagnose some brain injuries right away, while others could take months or years to detect. Either way, parents may have medical malpractice claims against at-fault physicians or healthcare centers. The moment a physician diagnoses your child with a brain injury or related condition, contact an attorney.

Bone Fractures and Nerve Damage

Infants can suffer broken bones during or shortly after birth if the attending physician fails to use proper, prudent care when delivering the child. Misuse of tools such as forceps and vacuums could lead to bone fractures in the infant – particularly in the face, shoulder, clavicle, or arm. Fractured bones could lead to related health problems such as temporary facial paralysis or Erb’s and Klumpke’s palsy, which both relate to the nerves in the arms and hands. Fracture-related nerve damage is usually temporary but could affect a child’s physical development.

If a physician uses the incorrect birthing technique to respond to an emergency, such as the baby lodged behind the mother’s pelvic bone, it could lead to bone fractures in the infant. Tugging on the child’s arm, for example, could break the bone and cause damage to the brachial plexus, or the bundle of nerves located in the shoulder. These nerves impact how an infant can move his/her arms and hands. Shoulder dystocia or a brachial plexus injury could make it difficult for a child to move the arm and grip things for months after birth.

No matter what type of birth injury your child may have suffered, contact a highly skilled malpractice lawyer to discuss a potential medical malpractice case. It is possible that a negligent or careless physician may have caused your child’s injuries.

Most Common Birth Injuries

Although virtually any type of negligence-based injury to your child could potentially be grounds for a birth injury lawsuit, there are certain types of birth injuries that cause the need for legal action more than others. The nature of the birthing process and potential complications often give rise to injuries involving the baby’s brain, muscles, or motor skills. Some of the most common types of birth injuries are as follows:

• Anesthetic Complications 
• Birth Fractures 
• Brachial Plexus
• Cerebral Palsy
• Erb’s Palsy
• Klumpke’s Palsy
• Spinal Cord Injuries

No matter what type of injury your infant has suffered, bring your case to the attention of an attorney at Murphy Falcon & Murphy. Our experienced birth injury attorneys truly care about our clients and believe that no infant should have to suffer because of the incompetence or negligence of a medical professional. If you suspect you or your child is the victim of medical malpractice you have the right to bring a birth injury lawsuit in Maryland or Washington D.C., contact our office for assistance.

Causes of Birth Injuries

Notwithstanding unavoidable causes, numerous birth injuries are the result of medical malpractice. Parents are often given insufficient information regarding the cause of their child’s condition and can be wrongly led to believe that a preventable mistake was inevitable.

SOME CAUSES OF BIRTH INJURIES AND ENSUING DISABILITIES INCLUDE:

• Dystocia – A type of obstructed labor that happens when, after the head is delivered, the shoulder has difficulty passing through. If doctors fail to properly respond to dystocia, the umbilical cord can become compressed and be life-threatening to the infant. Resulting complications from dystocia can include Klumpke paralysis, Erb’s palsy, and cerebral palsy, among others.
• Fetal distress – A labor complication characterized by diminished oxygen to the infant. Prolonged diminished oxygen can result in permanent brain damage or death.
• Prematurity – When doctors fail to respond appropriately to premature birth, an infant is at risk for problems like apnea, jaundice, respiratory distress syndrome, and others.
• Prolonged labor – Extended labor (labor that lasts longer than 14-21 hours) can be labeled “failure to progress.” When this happens, the baby is at risk for serious complications.
• Birth infections – Infections, if left untreated, can cause serious birth injuries such as brain damage. Some common infections include bacterial infections, rubella, and cytomegalovirus (CMV).
• Abnormal pelvis shape – Labor can fail to progress if the mother has an irregular pelvis structure. Doctors can note this ahead of time to plan for a safer delivery option, such as a C-section.
• Improper use of force during delivery – The use of forceps, ventouse, or excessive pulling during delivery can cause fractures and even paralysis.
• Hypoxic-ischemic encephalopathy (HIE) – This is a type of brain injury that often results from diminished oxygen to the infant during childbirth.

Even if you had a major risk factor present, your doctors and nurses are trained to remain vigilant and respond to your specific medical needs to ensure a healthy delivery. For example, the hospital staff is required to monitor your fetus’s condition closely in the days and hours leading up to delivery. If fetal distress is discovered or a condition becomes life-threatening, a responsible healthcare provider should take the necessary steps to keep you and your baby safe, including scheduling an emergency C-section.

Identifying a Birth Injury

Some physical injuries may heal fairly quickly after delivery, including minor bruising or forceps marks, swelling in the scalp, and other injuries. Although the initial injury may look very extreme, most heal within a few weeks of birth. If they do not heal within the first weeks of your child’s life, or you begin to notice developmental delays, you could have a more serious situation on your hands.

Physical injuries often require therapy or surgery, like the following movement-impairing conditions:

• Paralysis
• Fractures
• Shoulder dystocia
• Injuries to the brachial plexus

Cranial injuries, such as cerebral palsy or brain damage, are often the most life-altering injuries and usually occur when a child experiences hypoxic-ischemic encephalopathy (also known as hypoxia, or simply a lack of oxygen) during the delivery process. Early treatment for these injuries can include therapy, medication, surgery, or accessibility devices.

Ultimately, the treatment process is as wide-ranging and complex as the injury itself and will vary greatly for each individual. Consult with your physician immediately to determine the best course of action for treatment and prevention of further injury or disability.

Statute Of Limitations In Maryland

In Maryland, the general statute of limitations for medical malpractice lawsuits is three years. However, if an injury is not detected immediately, the victim has three years from the date from which the injury is recognized to file suit. But a suit must be filed in any event within five years of an absent unusual circumstance. One of those particular circumstances is claims for minors. For children, the clock starts ticking when the child reaches 18, regardless of how old they were when the injury happened.

Entrust your child’s birth injury case to a team of attorneys who truly care about you and your child. Call Murphy Falcon & Murphy, today for a free 24-hour case evaluation at 410-657-8332 or contact us online for more information.