Baltimore Medical Malpractice Lawyers: Filing a Birth Injury Lawsuit
August 15, 2016When a woman goes into labor, she puts the life of her unborn baby in the hands of well-trained medical professionals. In most cases that person is an obstetrician, gynecologist, neonatologist, or other doctor who has had the necessary training to safety deliver babies. Some women decide to go a slightly different, more natural route, by opting to have a midwife deliver their baby. Regardless of who is in charge of making sure that both baby and mother are well cared for, mistakes happen that can result in the baby becoming seriously injured in the birthing process.
The Center for Disease Control (CDC) reports that six out of every one thousand babies born each year in the United States are injured during birth. Unfortunately, a birth injury can have devastating consequences that are often costly, and require long-term care. If the birth injury was a result of physician negligence, parents may choose to file a birth injury lawsuit.
If a baby became injured at birth because the medical professional did not have the proper training, failed to remain current on the latest technology in obstetrics, was exhausted or inattentive, or was simply incompetent, the parents have grounds to pursue legal action.
Common Mistakes Made During the Delivery Process
- Physician did not recognize or address the fetal distress
- Forceps were used incorrectly
- Physician used excessive force
- Baby suffered a lack of oxygen
- Physician did not follow up with the patient after delivery
- Physician administered improper medication, or an incorrect dosage
- Failure to perform a cesarean section
Liable Parties
In a birth injury lawsuit, the doctor and the hospital are usually named as defendants. However, if the doctor performing the delivery is an independent contractor, the hospital may not be liable for the injuries because the hospital cannot monitor the doctors’ behavior in the same way it would for a hospital employee.
Midwives, also referred to as Certified Nurse-Midwives, are being used by a growing number of women. While they receive less training than obstetricians or other doctors, they are licensed by the state to provide pre-natal, delivery, and post-natal care. To prove that a midwife was responsible for a birth injury, a skilled birth injury lawyer must prove that her actions caused unnecessary injury to the newborn.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Represent Women in Birth Injury Lawsuits
If your child was injured during birth, contact the experienced, reputable Baltimore birth injury lawyers at LeViness, Tolzman & Hamilton. We will take the necessary depositions, and subpoena the nurses, anesthesiologists, and any other individuals who were present at the birth. In addition, we will review employment records, any previous complaints filed by other patients or staff, as well as any other information that will ensure that you receive the maximum financial compensation. For a free case review, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent victims of medical malpractice throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.
