If your child has suffered from birth asphyxia, you need a dedicated advocate by your side. Our Baltimore birth asphyxia lawyer understands the immense pain and uncertainty you're experiencing.
16 birth asphyxia cases in a single year in Maryland is a saddening statistic. But we are here to provide clear guidance and ensure you receive the justice and compensation you deserve.
With a combination of compassion and specialized knowledge, we are committed to supporting you through every stage of the legal process.
Contact us today for a free consultation, and let us help you seek the answers and support you need during this challenging time.
How Do You Know if You Have a Birth Asphyxia Case?
Determining if you have a valid birth asphyxia case involves evaluating key legal elements:
- Duty of Care: Healthcare providers must meet accepted medical standards during labor and delivery, ensuring the safety of both the mother and baby. This duty is established if a doctor-patient relationship exists and the provider is responsible for monitoring the birth process.
- Breach of Duty: To prove a breach of duty, you must show the provider failed to meet the expected standard of care, such as neglecting to monitor the baby or responding to distress. The breach is judged based on what a competent provider would have done in the same situation.
- Causation: You must link the breach directly to the harm suffered, showing that the failure in care led to birth asphyxia or worsened the baby's condition. Expert testimony is often needed to prove that proper care could have prevented or reduced the harm.
- Damages: You need to demonstrate that the birth asphyxia caused actual damages, such as physical injury, long-term complications, emotional distress, and additional medical expenses. The extent of these damages will influence the compensation you may receive.
If you suspect a birth asphyxia case, consult with an experienced Baltimore medical malpractice lawyer from our firm who can help you with these legal elements and advocate for your rights.
Damages You Could Claim
These damages are designed to compensate for various impacts resulting from the incident:
- Economic Damages: These cover the direct financial losses resulting from the incident. This includes medical expenses for treatment, surgeries, or therapies, lost wages if you miss work, and future earning potential if the injury impacts your ability to work. Other costs, such as ongoing care and necessary modifications to your home, are also included.
- Non-Economic Damages: These compensate for intangible losses that are difficult to quantify but significantly affect your quality of life. They cover pain and suffering, emotional distress, loss of enjoyment of life, and any impact on personal relationships, such as loss of companionship. These damages are more subjective and reflect the personal impact of the injury.
- Punitive Damages: Awarded to punish the responsible party for particularly egregious conduct, such as gross negligence or intentional wrongdoing. Unlike economic and non-economic damages, punitive damages are intended to deter similar behavior in the future. They are less common and are determined based on the severity of the misconduct.
How to Contact Us
Reaching out to us is simple. Here's how you can connect with one of our skilled attorneys:
- Phone: Call us at 443-647-4815 for prompt assistance.
- Email: Contact us at [email protected] for questions or to arrange a consultation.
- Online: Fill in our contact form at your convenience.
Meet Your Baltimore Birth Asphyxia Attorney
With three decades of experience, Frank Spector has dedicated his career to assisting those in need — offering clear, compassionate guidance on medical malpractice and personal injury matters.
How Our Baltimore Birth Asphyxia Law Firm Can Help
When dealing with the aftermath of perinatal asphyxia, taking legal action against the negligent party can be overwhelming. Our Baltimore birth asphyxia law firm is dedicated to providing comprehensive support to ease your burden and advocate for your rights.
Here's how we can assist you:
- Recovering Lost Wages: We help you recover wages lost due to your inability to work while addressing the incident's impact on your earning potential. Our team will fight to ensure you receive fair compensation for the income you've lost during this challenging time.
- Help with Medical Bills: Birth asphyxia often results in significant medical expenses. We will work with you to manage and cover these costs, ensuring you get the financial relief needed for treatments, therapies, and ongoing care.
- Emotional Recovery: The emotional strain from dealing with birth asphyxia is significant. We provide support in seeking compensation for pain and suffering, aiming to help you and your family navigate the emotional impacts and move toward healing.
Let our experienced attorneys guide you through the legal process, addressing all aspects of your claim with empathy and expertise.
Contact us today to discuss how we can support you.
Our Case Results
We are proud of the successful outcomes we have achieved for our clients. Here are a few examples of how we have made a difference:
- $190,000,000 - WON AGAINST JOHNS HOPKINS on behalf of former patients of Dr. Nikita Levy for unlawful videotaping.
- $3,000,000 - SURGICAL, CHILD INJURY during surgery in Montgomery County.
- $2,500,000 for baby injured at birth in Washington, DC
What Clients Think of Us
These testimonials below reflect our commitment to providing excellent service and achieving the best possible outcomes for our clients.
Awesome Team, Communicative, Knowledgable
"Super Awesome team and staff! Worked with them for a case they handled for my grandchild about 10yrs ago! Would definitely use them again! I recommend them to everyone I know. Could never thank them enough! Very thorough and knowledgeable! Always kept us in the loop throughout the entire process!!!!"
Truly Cares!
"I wanted to say thank you for spending time with me regarding my questions about legal issues. Mere words cannot really express my gratitude. You seem to truly care about people."
Attentive, Caring
"Frank was very attentive and caring during our initial conversation and most importantly he listened and provided honest feedback. I would truly recommend him to anyone searching for an attorney."
Important Initial Advice!
If you suspect that birth asphyxia has occurred, taking the right steps early on will protect your rights and ensure the best possible outcome for your case.
Here's a thorough guide on what you should do:
- Attend All Appointments: Go to all scheduled medical appointments and ensure the recommended treatment plan is followed. Document these visits as they are pivotal for your infant's case.
- Get a Second Opinion: If you're unsure about diagnosis or treatment, seek a second opinion to confirm or challenge the initial care.
- Contact a Baltimore Malpractice Lawyer: Reach out to an experienced attorney for guidance and to ensure you get the compensation you deserve.
- Document Everything: Keep detailed records of medical treatments, expenses, and how your condition affects your life. This documentation is key for your case.
- Preserve Evidence: To support your case, keep all relevant evidence, including medical records and test results.
- Notify Your Health Insurance Provider: Inform them about your situation to manage medical costs and coverage.
- Avoid Social Media: Don't share details about your case online. Insurance companies may use this information against you.
- Don't Accept the First Offer: Initial insurance offers are often low. Consult a lawyer before accepting any settlement to ensure it covers all your damages.
- Be Cautious with Insurance Communications: Be careful with your wording when talking to insurance companies. Avoid statements that could hurt your claim. Always consult your lawyer before responding.
- Discuss Only with Your Lawyer: Discuss your case with your attorney to avoid unintended consequences. Your lawyer will guide you on how to communicate effectively.
Following these steps will help you manage your situation's legal and medical aspects while focusing on your recovery and well-being.
Deadlines
In Maryland, the statute of limitations for filing an infant asphyxia claim is up until age 21. However, claims on behalf of the mother generally must be filed within three years from the date the birth. It's best to act promptly to ensure your claim is filed within the proper timelines.
Delays can jeopardize your ability to seek compensation.
Contact a birth asphyxia lawyer in Baltimore from our law firm as soon as possible to discuss your case and ensure all deadlines are met.
Evidence Needed For Medical Negligence
Gathering the right evidence is essential to building a strong case when pursuing a medical negligence claim. Here's a detailed look at what you'll need:
- Medical Records: Complete and detailed records from all healthcare providers involved in the treatment. These should include test results, treatment notes, and records of any follow-up care.
- Expert Testimony: Opinions from medical experts who can confirm that the standard of care was breached. They help establish how a competent provider would have acted differently under similar circumstances.
- Proof of Breach: Documentation that clearly shows where and how the medical professional failed to meet accepted standards. This might include a failure to diagnose, misinterpretation of tests, or inappropriate treatment.
- Causation Evidence: Demonstration that the breach of duty directly caused harm or worsened the condition. This often requires linking the provider's actions to specific negative outcomes the infant experienced.
- Damages Documentation: Evidence of the harm suffered, including medical bills, rehabilitation costs, records of lost wages, and documentation of physical and emotional suffering. This helps quantify the impact of the negligence on the enjoyment of life.
Dealing with the fallout from medical negligence can be overwhelming, especially while focusing on recovery. Let us handle the heavy lifting and gather evidence while you and your little one can recover.
What Can I Expect to Pay?
At our firm, we work on a contingency fee basis for medical negligence cases. This means you don't pay any upfront costs. Our fee is a percentage of the compensation we secure for you.
You don't owe us anything if we don't win your case.
This approach ensures that our interests are aligned with yours and allows you to pursue justice without financial risk.
Why Choose Us Over Other Baltimore Birth Asphyxia Lawyers?
Our firm stands out from the rest for several compelling reasons:
- Specialized Expertise: We focus specifically on birth asphyxia cases, bringing deep knowledge and experience to each case. Our attorneys are well-versed in the complexities of medical negligence and its impact on families.
- Personalized Attention: We treat every case with the individual attention it deserves. You'll receive dedicated support and clear communication from your initial consultation through the resolution of your case.
- Proven Track Record: Our firm has a history of achieving favorable client outcomes. We leverage our successful track record to negotiate effectively and passionately advocate for you.
- Compassionate Approach: We understand the emotional and physical toll of birth asphyxia. Our compassionate approach ensures that you feel supported throughout the legal process, allowing you to focus on your family's well-being.
Choosing the right lawyer can make a significant difference in your case.
Contact us today to learn how our dedicated team can help you achieve the justice and compensation you deserve.
General Information on Birth Asphyxia in MD
Birth asphyxia occurs when a newborn's brain and body do not receive enough oxygen during or immediately after delivery. This is sometimes preventable but, sadly, can result in a brain injury. C-section, cognitive and motor issues, and much more.
Does Asphyxia Always Result From Negligence?
No, birth asphyxia does not always result from negligence. While it can sometimes be caused by medical errors, such as improper monitoring or delayed intervention, asphyxia can also occur due to unavoidable complications during birth.
Factors like umbilical cord issues, maternal health problems, or unforeseen complications can also contribute to asphyxia. Determining negligence involves evaluating whether proper medical standards were followed and if any lapses in care contributed to the condition.
Common Causes of Asphyxia in Birth
Here are some common causes:
- Umbilical Cord Complications: Issues such as cord compression, knots, or prolapse can cause a lack of oxygen to the baby in the uterus. These complications may result in a lack of adequate oxygen supply during labor.
- Maternal Health Problems: Conditions such as preeclampsia, diabetes, or infections in the mother can affect the oxygen levels available to the baby. Severe maternal health issues can lead to complications during delivery that increase the risk of asphyxia.
- Prolonged Labor: Extended labor can stress the baby and affect the delivery process. Prolonged or obstructed labor may lead to reduced oxygen supply and an increased risk of asphyxia.
- Uterine Rupture: This rare but serious condition involves a tear in the uterine wall, which can disrupt the oxygen supply to the baby and cause asphyxia.
- Placental Issues: Problems with the placenta, such as placental abruption or placenta previa, can impair oxygen and nutrient delivery to the baby, increasing the risk of asphyxia.
- Fetal Heart Rate Abnormalities: Abnormalities in the baby's heart rate, detected during labor, can indicate compromised oxygen levels and potential asphyxia.
Side-Effects of Birth Asphyxia
Birth asphyxia can have a range of short-term and long-term effects on a newborn. The severity of these effects depends on the extent and duration of the oxygen deprivation:
Short-Term Side Effects
- Respiratory Distress: Difficulty in breathing or irregular breathing patterns immediately after birth are common. The baby may require immediate medical intervention to support their breathing.
- Cardiovascular Issues: Low blood pressure or irregular heartbeats can occur as the baby's body adjusts to the birth environment and recovers from oxygen deprivation.
- Neurological Problems: Initial signs may include poor muscle tone, difficulty feeding, or seizures. These issues often require prompt medical attention to mitigate further complications.
Long-Term Side Effects
- Cognitive and Developmental Delays: Children who experience birth asphyxia may face developmental delays or cognitive impairments, impacting their learning and intellectual development.
- Motor Function Difficulties: Long-term motor issues such as cerebral palsy or coordination problems can arise, affecting the child's physical abilities and movement.
- Behavioral and Emotional Challenges: Some children may experience difficulties with behavior or emotional regulation, which can affect their social interactions and quality of life.
- Sensory Impairments: Asphyxia can sometimes result in visual or auditory impairments, affecting the child's ability to see or hear properly.
- Chronic Health Conditions: Long-term health issues, such as respiratory or cardiovascular problems, may persist, requiring ongoing medical care and management.
Who You Could Purse For Compensation
When seeking compensation for birth asphyxia, consider the following potential liable parties:
- Healthcare Providers: Obstetricians, gynecologists, and midwives may be liable if their negligence contributed to the birth asphyxia.
- Hospital: The hospital where the delivery occurred could be held accountable for issues related to care or systemic failures by staff.
- Medical Equipment Manufacturers: If faulty equipment, such as fetal monitoring devices, was involved, the manufacturers might be pursued.
- Medical Institutions: Clinics or birthing centers with inadequate protocols or poor care might also be responsible.
- Insurance Companies: They handle compensation claims once liability is established and are crucial in securing the compensation you deserve.
Going after the bodies above is obviously very difficult to do yourself. That's why hiring an experienced lawyer in the state of Maryland is highly advisable.
Other Locations We Serve
Our commitment to helping clients in need means we can assist victims of medical malpractice across a wide area, including but not limited to:
- Baltimore
- Washington D.C.
Speak to a Baltimore Birth Asphyxia Lawyer Today!
Dealing with the effects of birth asphyxia can be overwhelming and heart-wrenching. If you're facing the challenges that come with such a case, we are here to offer the support and guidance you need.
Our dedicated team of attorneys is committed to providing personalized care and legal expertise to help you through this difficult time.
Our birth injury lawyers are here to ease the legal burden so you can focus on what matters most—your family's recovery and well-being.
Don't face this alone. Contact us today to schedule a free case evaluation.