Birth Injuries in Maryland
A pregnancy brings with it a large number of responsibilities: mom will now need to watch her stress level, change her nutrition, deal with morning sickness and often haggle with her employer to make sure she can get enough time off. As the oldest of 5, I remember reading “What to Expect When You’re Expecting” with my mother for several of my own brothers. When the time to bring a new life into the world finally comes, it can be the most exciting and anxious time of a couple or single mother’s life. What happens, however, if something goes wrong and there are birth injuries in Maryland?
“Most births go well. Unfortunately, while there are some times when everyone does everything right and something still goes wrong in the complicated birthing process, there are still others when a doctor should have known better, but was careless.” Explained Miguel Palmeiro of the Law Offices of Miguel Palmeiro. “This can be a difficult and trying time for a couple or single mother when they are already dealing with the challenge of readying themselves to bring a newborn child home, and now must plan on how to care for a child who will need special attention for the rest of their life.”
These injuries can include failing to diagnose a condition during the pregnancy, allowing the umbilical cord to wrap around the newborn’s neck or failing to provide a timely Cesarean section when complications arise.
Birth injuries can be devastating to a family: in addition to the pain of knowing that their child may never be able to realize the full potential they could have had they not been injured, there are often immediate medical bills to take care of. In addition, there is often long term care to be considered as many birth injuries will leave an infant disabled for their lifetime.
In Maryland, to win a birth injury case, one must show that a doctor was negligent, that is, that they deviated from their standard of care, and that this caused the birth injury. In addition, there are developing issues in the law that must be kept on top of.
For example, Maryland is currently debating a birth injury fund that would provide a no-fault payment to those whose children are injured during the birthing process. This would, however, deprive a parent of their right to sue the doctor, hospital or other negligent party for the injury.
“Even the most educated parents will ultimately put a large degree of trust in a doctor and hospital, both for the mother’s life, as well as her child’s,” said Miguel Palmeiro. “While we want to believe the best about the physicians who we put our trust in, the truth is that they are part of a multi-billion dollar industry that includes members like insurance and pharmaceutical companies. If something goes wrong, this industry will look to do anything it can to protect itself from liability, as is their duty to their shareholders. Meanwhile, our duty is to our clients, and seeking the compensation that will allow them to take care of the very difficult and often expensive road ahead of them.”
If you or a loved one have suffered a birthing injury, please make a free consultation with an attorney: these children deserve the care that is required to help them for a lifetime, and the parties responsible should be held accountable.