Seeking Justice For Families Through Birth Injury Claims
A birth injury is physical harm sustained by an infant before, during or right after labor and delivery. It can be the result of medical malpractice. These injuries can have lifelong effects on a child. When a newborn is hurt due to medical negligence, there may be important avenues for seeking compensation and justice. Turn to Goldberg Law, LLC, for the trusted legal support you need. Birth injury attorney Kevin Goldberg provides parents of injured infants with medical malpractice guidance backed by nearly three decades of experience and a track record of success. He helps clients across Maryland, Washington, D.C. and Virginia from his office in Gaithersburg.
Common Kinds Of Birth Injuries
Birth injuries come in many forms and can impact many different areas of the body:
- Brain damage: Such as traumatic brain injuries, cerebral palsy and hypoxic-ischemic encephalopathy.
- Nerve injuries: Such as brachial plexus injuries and Erb’s palsy.
- Shoulder injuries: Such as those related to shoulder dystocia.
- Broken bones: Such as collarbone, arm or leg fractures.
- Soft tissue injuries: Such as bruising, sprains or swelling.
Such injuries differ considerably in their severity and potential impacts.
What Causes Birth Injuries?
While some birth injuries are due to genetics or natural causes, others are preventable ones resulting from poor medical care. Medical errors that can lead to birth injuries include:
- Delivery mistakes: Such as delayed C-sections, failure to monitor fetal distress, and improper use of forceps or vacuum extractors.
- Inadequate prenatal care: Such as failing to provide proper monitoring, testing and treatment during the pregnancy.
- Failure to diagnose/address maternal conditions: Such as not detecting gestational diabetes and preeclampsia.
- Medication errors: Such as giving the wrong medication, giving an incorrect dose or improperly administering a medication.
- Poor post-delivery care: Such as failing to respond properly to warning signs of infant health issues.
Medical malpractice lawsuits can typically be pursued when birth injuries come about from such errors.
Detecting Birth Injuries
Early diagnosis and intervention are critical when it comes to birth injuries. Symptoms can vary widely based on the specific injury. Common tools for diagnosing birth injuries include:
- Magnetic resonance imaging (MRIs)
- Electroencephalography (EEG)
- Computed tomography (CT) scans
- Blood tests
- X-rays
- Physical exams
Misdiagnosis or delayed diagnosis by doctors can significantly impact a child’s treatment options and outlook and could be grounds for a medical malpractice lawsuit.
How Are Birth Injuries Treated?
The treatment options for birth injuries depend on injury type and severity. Common ones include:
- Medications
- Physical therapy
- Occupational therapy
- Medical/adaptive devices
- Surgical procedures
Time can be of the essence, as early treatment can make a big difference.
Treatment lengths can vary. Some birth injuries may only require temporary care, while others, such as those involving significant developmental delays, may need lifelong management.
What Compensation Can Be Sought In Birth Injury Cases?
Medical malpractice lawsuits can provide families with a source of relief from the potential financial stresses of birth injuries. Damages that can be pursued in such legal claims include:
- Medical expenses
- Rehabilitation costs
- Expenses related to future care needs
- Lost earning capabilities
- Pain and suffering
Attorney Goldberg can help you pursue the full compensation your family needs.
What Do You Need To Prove In A Birth Injury Case?
Not all birth injuries qualify for damages. To succeed in a medical malpractice claim in relation to such an injury, you generally must show the following four elements:
- Duty: The medical professional owed a duty of care.
- Breach: The duty of care was violated.
- Causation: The violation caused the birth injury.
- Damages: The birth injury resulted in harm.
Evidence such as medical records and expert testimony can be used to try to prove these elements.
How Long Do Families Have To File A Medical Malpractice Claim?
The time limit for parents to file a birth claim varies by state.
- Maryland: Five years from the injury or three years from the discovery of it, whichever comes first.
- Washington, D.C.: It’s generally three years from the injury or discovery of it.
- Virginia: Two years from the injury, with some exceptions.
Attorney Goldberg can advise you on what specific deadlines would apply to your case.
Choosing A Birth Injury Attorney
Trusted legal representation is crucial for families affected by birth injuries stemming from medical malpractice. A skilled birth injury attorney can guide you through the legal process and advocate for your family’s rights. Important qualities to look for in such an advocate include experience, a proven track record, responsiveness and a dedication to client service.
Reach Out Today For Dependable Legal Support
Discover the difference Goldberg Law, LLC, can make in your family’s birth injury case. Call 301-960-8004 or reach out online to learn more about lawyer Kevin Goldberg, his services and how he can help you. Free consultations are available.