Do You Have a Case?
When considering whether you have a valid birth injury claim, it's essential to understand the legal framework that establishes a case for medical malpractice. This framework is built on four key elements: duty of care, breach of duty, causation, and damages:
Duty of Care
Medical professionals owe a duty of care to their patients, including expecting mothers and their babies. This duty requires healthcare providers to act with the skill, attention, and prudence expected of a competent professional in similar circumstances. In the context of childbirth, this involves:
- Monitoring the health of the mother and baby.
- Identifying potential complications.
- Making appropriate decisions to ensure a safe delivery.
Breach of Duty
A breach of duty occurs when a healthcare provider fails to meet the standard of care. This could involve actions such as:
- Failing to diagnose and respond to fetal distress.
- Misusing medical tools like forceps or vacuum extractors.
- Delaying a necessary C-section.
To prove a breach, we must demonstrate that the provider's actions (or inaction) fell below what a competent professional would have done under similar circumstances.
Causation
Causation links the breach of duty directly to the birth injury. We must be shown that the provider's negligence caused or significantly contributed to the harm. For instance:
- Did the delayed response to fetal distress lead to oxygen deprivation and brain injury?
- Was improper tool use responsible for a fractured bone or nerve damage?
Establishing causation often requires expert testimony from medical professionals who can explain how the breach led to the injury.
Damages
The final element involves demonstrating that the injury resulted in measurable damages. These damages can include:
- Medical Costs: Expenses for surgeries, therapies, medications, and ongoing care.
- Pain and Suffering: Emotional and physical distress endured by the child and family.
- Lost Earning Capacity: If the injury will impact the child's ability to work in the future.
Compensation for Birth Injury Victims
Victims of birth injuries and their families can seek financial compensation to address various damages and hardships. These include:
- Healthcare Costs: Covering immediate medical bills, surgeries, and ongoing therapies.
- Lost Income: For parents who are unable to work due to caregiving responsibilities.
- Future Care Needs: Addressing the long-term support required for children with severe injuries.
- Emotional and Physical Pain: Recognizing the toll birth injuries take on the entire family.
We understand how overwhelming the costs of treatment and rehabilitation can be - especially for severe birth injuries. Compensation helps families cover immediate medical expenses, recover lost income, and account for the financial support or contributions the child might have provided in the future if not for the injury.
When pursuing compensation, it's vital to account for long-term expenses. This includes costs for ongoing healthcare, specialized therapies, or education tailored to the child's unique needs. By doing so, we ensure families are financially protected and receive the support they deserve.
Birth injury cases also consider the emotional pain and trauma experienced by families. This aspect of compensation acknowledges the psychological impact that can disrupt daily life and overall quality of life.
In the tragic event of a wrongful death during childbirth, financial compensation plays a vital role in supporting grieving families. These funds cover financial losses and honor the emotional devastation caused by such an immeasurable loss, providing families with resources to navigate this challenging time.
Who Can You Hold Liable?
When a birth injury occurs due to negligence, several parties may be held accountable for the harm caused. Identifying the responsible party is key to pursuing a successful claim. Potentially liable parties include:
- Doctors: Physicians who fail to provide the appropriate standard of care during pregnancy, labor, or delivery. This includes errors in diagnosing complications or improperly using medical tools.
- Nurses: Medical staff responsible for monitoring the mother and baby who may neglect critical signs of distress or fail to follow proper procedures.
- Hospitals or Medical Facilities: The institution may be liable if inadequate policies, understaffing, or poorly maintained equipment contributed to the injury.
- Anesthesiologists: Errors in administering anesthesia or monitoring its effects during delivery can lead to severe complications.
- Pharmaceutical Companies: If defective or improperly labeled medications were used during the pregnancy or delivery, the manufacturer could be held responsible.
How to Get in Touch With Us
We offer multiple ways to connect with us for a free consultation:
- Telephone: Call us at 443-845-1456 to speak directly with our team.
- Contact Form: Visit our Contact Page to fill out a brief form, and we'll respond promptly.
- Email: Send us an email at [email protected] with your questions or to schedule an appointment.
Meet Your Baltimore Birth Injury Attorney
Frank Spector is a compassionate and experienced attorney with over 30 years of dedication to families affected by medical malpractice and birth injuries. As the founding lawyer of Spector & Kopec, LLC, Frank has held hospitals and healthcare providers accountable, helping families secure justice and financial recovery, including representing over 400 patients in a $190 million case against Johns Hopkins.
What Makes Me Different?
When you call, you'll speak directly with me, not an assistant or call center. I will listen patiently to your story, understanding the unique challenges you face. Once I've heard your story, I will guide you step-by-step through the legal process, clearly explaining your options and ensuring you feel supported every step of the way.
Steps to Take If You Suspect a Birth Injury
If you believe your child has suffered a birth injury, taking the right steps quickly is vital for their health and your family's future. Here's what we recommend:
- Seek Immediate Medical Care: The first step is to get medical attention for your child's injury and any related complications. Quick treatment is vital for their long-term health and recovery.
- Contact Our Office: If you suspect medical negligence, call us as soon as possible. We specialize in identifying instances of negligence, even when healthcare providers deny any mistakes. Acting quickly ensures you don't miss legal deadlines for filing a case.
- Obtain Medical Records: Gather all medical records related to the pregnancy, delivery, and injury. These documents are pivotal in determining what went wrong and building a strong legal case.
- Hire Our Birth Injury Lawyer: With our experience in handling birth injury cases, we will guide you through every step of the legal process, from identifying responsible parties to seeking fair compensation for your child's injuries.
- Advocate for Your Child's Well-Being: Use all available resources to ensure your child receives the care and support they need. We're here to help you fight for the compensation necessary to provide a secure future for your family.
Don't Delay in Starting Your Claim
Maryland law mandates that medical malpractice claims related to birth injuries must be filed within five years from the date of the injury's occurrence or three years from when the injury was discovered (or reasonably should have been discovered), whichever comes first.
For minors injured at birth, the timeline is extended. They have until three years after their 18th birthday, meaning they can file a claim until they turn 21.
Delaying could jeopardize your ability to seek compensation. Evidence, such as medical records and witness testimony, is easier to obtain and evaluate when action is taken promptly. The sooner you contact our office, the sooner we can begin investigating your case, identifying negligence, and protecting your rights.
Filing a Birth Injury Lawsuit in Baltimore
If you are considering filing a birth injury lawsuit in Baltimore, it's important to follow Maryland's legal requirements and timelines. Here's a step-by-step breakdown of the process:
- Initiate the Legal Process: We will file a complaint with the Director of the Maryland Health Claims Arbitration Office. This crucial first step formally begins the legal process and ensures your case is reviewed by professionals.
- Identify the Liable Parties: Together, we will take legal action against any individuals or entities responsible for the negligent care that caused the birth injury. These could include doctors, nurses, or hospitals.
- Build a Strong Case: We will help you compile evidence, such as medical records and expert testimony, to establish the negligence that led to the injury.
- Navigate the Complex Legal Process: Our team will guide you every step of the way, ensuring compliance with all legal requirements and providing clarity about the terms and conditions of the relevant statutes.
- Advocate for Maximum Compensation: We will skillfully negotiate with insurers and other parties to seek full compensation for your child's medical expenses, future care needs, and the emotional and physical damages sustained.
- Enhance Your Chances of Success: By partnering with us, you can increase the likelihood of a favorable outcome through expert legal representation and sound advocacy, compelling evidence that strengthens your case, and skillful negotiation to ensure fair compensation.
How We Identify Medical Negligence in Birth Injury Cases
Identifying medical negligence in birth injury cases requires a comprehensive investigation. We will thoroughly review medical records, witness statements, and expert analysis to determine what happened during the incident that caused harm.If health records are unavailable, we will help you obtain them to ensure no important details are missed.
During initial consultations, we focus on reviewing medical records to look for any signs of malpractice. This is a vital step in uncovering evidence that may point to negligence. If necessary, we will work with specialists to gain deeper insights into the events surrounding the injury.
Medical experts are pivotal in defining the expected standard of care and identifying any violations. Obstetricians, neonatologists, and pediatric neurologists often play a key role in determining whether healthcare providers met their professional obligations.
Evidence in birth injury cases frequently relies on evaluations and testimony from these experts. They highlight the shortcomings in patient care and help build a strong case by explaining how the standard of care was not met.
To establish negligence, it is essential to prove that the medical professionals involved failed to meet the accepted standard of care.This involves gathering facts, analyzing evidence, and securing expert testimonies that support your claim. By uncovering these violations, we aim to build a solid case and help your family seek justice.
If negligence during the birth process caused an injury to your child, our law firm is here to help. Contact us to schedule a free consultation today to discuss your case and seek justice your family deserves.
Free Consultation & Our Fees
At Frank Spector Law, we offer free initial consultations to families considering birth injury claims in Baltimore and throughout Maryland. During this meeting, we will assess your case in detail, answer your questions, and outline a recommended plan of action. This no-cost consultation ensures you can explore your legal options without any financial risk.
Our fee structure is designed to make expert legal representation accessible to all families. We operate on a contingency fee basis, meaning:
- You pay nothing upfront.
- Payment is only required if we win your case.
- Our fees are deducted from the final settlement or judgment amount.
- If there is no favorable outcome, you will not owe any attorney fees.
This approach allows families to focus on their child's needs without worrying about legal costs. Take the first step toward justice—call us at 443-845-1456 to schedule your complimentary consultation today. Whether you're in Maryland or the DC area, we are here to guide you every step of the way.
Why Choose Us Over Other Baltimore Birth Injury Attorneys?
Frank Spector has over three decades of experience handling complex birth injury cases. His proven history of securing substantial settlements and judgments demonstrates his ability to deliver positive results for his clients. Every case receives the utmost care and personalized attention, ensuring your family's needs are prioritized.
Clients choose Frank Spector Law for:
- Decades of experience in intricate birth injury litigation.
- A track record of achieving significant settlements and judgments for families.
- Specialized knowledge of medical and legal aspects of birth injuries.
- A commitment to providing personalized attention and unwavering dedication to every case.
We offer a unique combination of legal and medical insight to pinpoint instances of negligence or misconduct. Frank's deep understanding of birth injury conditions and treatments allows us to build compelling cases that hold negligent parties accountable.
In addition to our legal expertise, we provide compassionate support during an incredibly challenging time. We know how emotionally taxing these cases can be and ensure every family feels recognized and supported throughout the legal process. By choosing our Maryland birth injury lawyer, you gain skilled and empathetic representation to help your family secure the justice and compensation you deserve.
Common Birth Injuries Due to Medical Malpractice
Medical mistakes during childbirth can result in serious injuries, many with lasting consequences. These injuries often occur due to negligence or improper practices during delivery.
Some of themost common birth injuries include:
- Brain Damage: Often caused by oxygen deprivation or trauma during delivery.
- Cerebral Palsy: A permanent disorder affecting movement and coordination, usually due to brain injury during or shortly after delivery.
- Stillbirth: A tragic outcome that can sometimes result from preventable medical errors.
- Brain Hemorrhage: Bleeding in the brain caused by trauma or oxygen deprivation.
- Hypoxic-Ischemic Encephalopathy (HIE): A severe brain injury caused by a lack of oxygen during birth.
- Brachial Plexus Injuries: Nerve damage in the arms due to excessive force during delivery, leading to conditions like Erb's Palsy.
- Cephalohematoma: Bleeding between the scalp and skull, often caused by delivery tools.
- Vacuum Trauma: Injuries resulting from the improper use of vacuum extractors.
- Cervical Cerclage Complications: Errors in cervical suturing that can result in preterm labor or other issues.
- Fractures, Cuts, and Skull Injuries: Often caused by the misuse of tools like forceps or vacuums.
Skilled handling and informed decision-making are pivotal during childbirth to avoid these injuries. When healthcare providers fail in their responsibilities, families deserve justice for the harm caused. We are here to help hold negligent parties accountable and secure the compensation you need.
Common Birth Injuries
A birth injury occurs when a baby is harmed during delivery, often while passing through the birth canal. These injuries can result from natural childbirth forces or medical errors that worsen or cause additional harm.
Common birth injuries include:
- Muscle and physical damage
- Head injuries
- Nerve damage
- Broken bones
Brachial plexus injuries are among the most frequent birth injuries. They can lead to arm weakness or paralysis, especially in larger babies. Fortunately,many symptoms improve naturally within a few days after birth.
Facial nerve injuries may cause uneven facial movements when crying but typically resolve by the time the baby is 2 to 3 months old. Similarly, collarbone fractures are common but usually heal on their own within a few weeks.
Other injuries include cephalohematoma (bleeding under the scalp), which heals naturally, and head molding, caused by pressure during delivery, which also corrects itself over time. Skull fractures can occur but often heal without the need for medical intervention.
More serious brain-related birth injuries can have long-term effects.
- Subgaleal hemorrhage: Involves significant blood loss and may require transfusion.
- Asphyxia: A lack of oxygen during birth that can cause lasting complications.
- Intracranial hemorrhage: Bleeding in the brain due to pressure or illness, which can lead to symptoms like drowsiness and seizures.
- Severe spinal cord injuries: Require urgent medical attention to prevent permanent damage.
At Frank Spector Law, we understand the challenges families face when dealing with birth injuries. Our goal is to help you seek justice and hold negligent parties accountable for the harm caused to your child.
Speak to a Birth Injury Lawyer in Baltimore Today!
Don't wait to take the first step toward justice. We offer compassionate, skilled legal representation to help secure the compensation your family needs for medical care, future support, and emotional recovery.
Contact us today for a free consultation:
- Telephone: Call us at 443-845-1456
- Contact Form: Visit our Contact Page
- Email: Send us an email at [email protected]
FAQs About Birth Injuries
What is a birth injury?
A birth injury occurs when a baby is harmed during labor and delivery. This can include physical injuries such as nerve damage, broken bones, or muscular trauma. These injuries are serious and require immediate medical attention. Our birth injury lawyer is here to help you understand your legal options and take action to protect your family.
What should I do if I suspect my child has a birth injury due to medical negligence?
If you believe your child has suffered a birth injury caused by medical negligence, the first step is to seek immediate medical care. Once your child is safe, contact our firm to discuss your case with our experienced birth injury lawyer. We will guide you through the process of obtaining and reviewing the necessary medical records. Acting quickly ensures the best possible outcome for your child's situation.
How can our birth injury lawyer help my case?
Our lawyer specializes in Maryland medical malpractice cases and has extensive experience with birth injuries caused during labor and delivery. We will gather evidence, consult with medical experts, and represent you during settlement discussions or court proceedings. Our goal is to secure the compensation you and your family deserve while providing personalized guidance throughout the process.
What types of compensation can we seek for a birth injury?
With our help, families can pursue compensation for a range of damages, including current and future medical expenses, lost wages due to caregiving responsibilities, and the emotional and physical pain caused by the injury. Our firm is committed to helping ease the financial and emotional burdens associated with birth-related harm so you can focus on your child's recovery and future.
How can I contact Frank Spector Law for a consultation?
If you need to discuss a potential birth injury case, contact our firm online through our Contact Page, call us at 443-845-1456, or email us at [email protected]. Your consultation is free, and our birth injury lawyer is ready to provide the compassionate support and expert representation your family needs.