Baltimore Birth Injury Lawyer

We Have Recovered Millions for Our Clients

If a child suffers at the hands of a medical professional’s negligence, the results can be catastrophic and permanent. Due to the vulnerable nature of a newborn baby or unborn fetus, birth injuries are tragically quite common when treatment and care is placed in the wrong hands.

If you are in need of an aggressive and determined Maryland medical malpractice lawyer to fight for all you, your child and your family have suffered, and will continue to suffer, look no further than Brown & Barron, LLC. We will treat your case with the urgency and thoroughness it deserves, and we will also bring you into our family to ensure your experience throughout the legal process is as easy and comfortable as possible.

Why Hire Brown & Barron, LLC?

• 130+ Years of Combined Experience
• Free, No-Obligation Consultations
• Millions Recovered for Our Clients
• Personalized & Tenacious Representation by a local, award-winning law firm specializing in complex medical cases like this

What Are Birth Injuries?

The term “birth injury” refers to any damage or injury your child sustains before, during, or immediately after delivery. Often, birth injuries are minor and are simply a physical side effect of being born. 

Sometimes, however, birth injuries are more serious. In a legal sense, birth injuries refer to any profound injury or death to the infant or mother that can be attributed to medical mistakes, malpractice, negligence, or flawed hospital policy during the birthing process.

Brain Injuries

There are a number of brain injuries that can occur, and the baby may suffer long-term damages as a result. Most of the time, brain injuries are caused by oxygen deprivation. 

Typically, these situations are labeled as:

• Anoxia: Anoxia refers to a severe form of oxygen deprivation, where there's a complete lack of oxygen flow to the baby for a significant period.
• Hypoxia: Hypoxia is a condition characterized by reduced oxygen supply to tissues, which can occur during childbirth when there's an insufficient amount of oxygen reaching the baby's organs. It's less severe than anoxia but can still lead to complications and potential damage if prolonged.
• Birth Asphyxia: Birth asphyxia specifically refers to a condition where the baby experiences a lack of oxygen and blood flow during childbirth, leading to difficulty in breathing or inadequate oxygen supply. It's often diagnosed when a newborn shows signs of respiratory distress, low heart rate, and poor muscle tone immediately after birth due to oxygen deprivation during labor.
• Perinatal Asphyxia: Perinatal asphyxia encompasses oxygen deprivation that occurs around the time of birth, usually before, during, or immediately after delivery. It's a broader term that includes oxygen supply to the baby's tissues or organs. It can lead to cell damage or death if not promptly addressed. Anoxia can occur during childbirth if there's a complete interruption of  both birth asphyxia and conditions where oxygen deprivation happens shortly before or after birth. Perinatal asphyxia can lead to various complications, including brain damage and organ dysfunction, if not promptly addressed.

The most common brain-related birth injuries are cerebral palsy and hypoxic ischemic encephalopathy (HIE). Most brain injuries during pregnancy are caused by failure to monitor, failure to identify prolapsed umbilical cord, or failure to use tools correctly when assisting with birth.

Cerebral palsy affects nearly 800,000 children and can be a result of maternal infections, infant infection, infant stroke, and a lack of oxygen. In some situations, though, proper monitoring by the medical experts can allow for preventative measures when it comes to cerebral palsy.

Muscle and Physical Injuries

Typically occurring during the delivery process, there are multiple different muscle-related injuries that can be sustained, and the baby may be left to suffer. 

These are the common physical and muscle-related injuries that can occur:

• Brachial plexus injury: The upper extremity of the arm is injured
• Erb’s palsy: The nerves of the upper arm are affected, causing loss of feeling or weakness.
• Klumpke’s palsy: The lower nerves in the arm are damaged.
• Shoulder dystocia: An injury to the baby’s head and shoulder when trapped behind the pelvic bone during delivery.

Delivery Injuries

Some of the injuries that can be caused by misuse of forceps or vacuum extractor include broken bones, lacerations, and skull fractures. These are often dependent on how the physician handles the delivery, and whether or not they monitor the situation properly for the best standard of care.

Birth Injuries vs. Birth Defects

There are several differences between birth injuries and birth defects that expectant parents should understand.

While the terms “birth injury” and “birth defect” are sometimes used interchangeably, there is an important difference between the two. 

A birth defect is a condition that forms during a mother’s pregnancy, before the baby is born, and is in no way caused by the baby’s or the mother’s medical care. 

Instead, the condition often arises due to genetics. However, a birth injury occurs when there is physical harm done to the baby during the labor or delivery process.

Common Causes of Birth Injuries 

Some of the most common causes of birth injuries include:

• Improper Use of Assistive Birthing Devices: Tools like forceps or vacuum extractors are sometimes used to assist in the delivery process. Improper or excessive use of these devices can lead to birth injuries, such as bruising, lacerations, or nerve damage to the baby's head, neck, or shoulders.
• Failure to Order a Cesarean Delivery (C-Section): In certain situations where there are complications during labor, such as fetal distress, umbilical cord issues, or prolonged labor, a timely C-section might be necessary. Failure to recognize these signs or delays in deciding to perform a C-section can result in birth injuries due to oxygen deprivation or trauma during prolonged labor.
• Inadequate or Inappropriate Response to Birth Complications: Complications during childbirth require prompt and appropriate responses from medical professionals. Failure to recognize or address issues like umbilical cord entrapment, placental abruption, or fetal distress can lead to birth injuries.
• Failure to Monitor the Infant for Signs of Fetal Distress: Monitoring the baby's vital signs and responses during labor is crucial. Failure to recognize signs of fetal distress, such as abnormal heart rate or oxygen levels, can result in delayed interventions and potential birth injuries.
• Medication Errors: Errors in administering medications to the mother before, during, or after birth can have adverse effects on both the mother and the baby. Dosage mistakes or giving the wrong medication can lead to complications, affecting the health of the newborn.
• Inadequate Prenatal Care: In some cases, birth injuries might be a result of inadequate prenatal care, where potential risks or complications during childbirth were not identified or addressed early in the pregnancy.
• Mismanagement of High-Risk Pregnancies: Pregnancies that are considered high-risk due to factors like maternal health conditions or multiples require specialized care. Mismanagement or inadequate attention to these high-risk pregnancies can lead to birth injuries.
• Failure to Perform Necessary Tests or Screenings: Inadequate or missed prenatal screenings and tests can result in a failure to identify potential risks or complications, leading to unanticipated birth injuries.
• Lack of Communication or Coordination Among Healthcare Providers: Miscommunication or lack of coordination among medical staff during labor and delivery can lead to delayed or inappropriate interventions, contributing to birth injuries.
• Inadequate Training or Experience: Healthcare professionals who lack sufficient training or experience in handling complicated births might make errors that result in birth injuries.
• Hospital Policies and Protocols: In some cases, hospital policies or protocols that are outdated, not followed correctly, or lack sufficient guidelines for handling emergencies during childbirth can contribute to birth injuries.