Complications during delivery can be extremely stressful for everyone involved.
At these times, mothers and families trust their physicians to follow
proper standards of medical care. Unfortunately, every year a number of
infants are hurt when their spinal cords are damaged during difficult
deliveries. If you suspect that medical negligence harmed your child in
the Baltimore area, you should speak to an experienced
birth injuryattorney. At Wais, Vogelstein, Forman & Offutt, we will work hard to
seek the justice and compensation you deserve in your malpractice case.
Holding a Negligent Health Care Provider Accountable for Spine Over-Stretching
If a baby is wedged in the birth canal during delivery, it is imperative
for the physician to take extreme care to avoid using excessive force.
In some cases, too much force can cause long-lasting and even permanent
damage to the child’s spinal cord through over-stretching or tearing.
Spinal cord injuries sustained by an infant can have serious consequences
for his or her growth and development. Treatment of such harm may include
costly physical or occupational therapy, and even surgery.
Parents raising a child with spinal cord injuries sustained during delivery
should not have to deal with the cost alone. Families in this situation
can seek compensation from the at-fault health care provider by filing
a medical malpractice claim. This is a type of negligence action that
is based on an act or omission by a doctor or other medical professional
that deviated from accepted standards of practice in the medical community
and caused injury to a patient. The standard of care is usually established
through expert testimony, but it can be broadly described as what a medical
professional of similar training and experience in the same community
would have done in a similar situation.
When medical malpractice is established, any defendant that is found negligent
may be required to financially compensate the injured person. Like many
other states, Maryland has a cap on non-economic damages that are available
to a victim who prevails on a medical malpractice claim. A cap refers
to a limit on the amount of compensation the injured person can recover.
Maryland caps non-economic damages at $725,000. These forms of compensation
encompass items like pain and suffering, loss of enjoyment, and more.
However, there is no limit on the amount of economic damages that a victim
can seek. Economic damages that may be available to people affected by
malpractice include medical expenses, rehabilitation costs, lost earning
capacity, and any other costs related to the injury.
Under Maryland law, medical malpractice claims must be filed within five
years of the date when the harm occurred, or within three years from the
date when it was discovered, whichever is earlier. Failure to take action
within the applicable statute of limitations could mean losing your right
to be heard by a court altogether.
Seek Legal Guidance in Prince George’s County for a Medical Malpractice Claim
At Wais, Vogelstein, Forman & Offutt, our knowledgeable
medical malpractice attorneys have represented people in Prince George’s County and
other areas of Maryland in virtually all types of birth injury claims.
With over 100 years of collective experience, we understand what it takes
to assert your right to compensation. Unfortunately, medical errors are
more common than many people imagine, but you likely have options to pursue
if you are a victim of malpractice. For more information,
contact us online or call us at (410) 567-0800 for a free, no-obligation consultation
about your case.