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Wais, Vogelstein, Forman, Koch & Norman, LLC Wais Vogelstein Forman Koch & Norman LLC
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Mother Sues Doctor and Hospital for Birth Injury, Accepts Settlement Offer

Earlier this month in the United Kingdom, a family accepted a settlement offer in a case that alleged professional negligence on the part of the doctor who was the consulting obstetrician during the mother’s pregnancy. According to one local news source, the family decided to accept the settlement because they wanted to avoid the possibility of a lengthy and uncertain six-week trial.

baby-boy-1281126-mEvidently, the plaintiffs’ claims were that the defendant doctor failed to adequately warn the mother and father that there would be increased risks with a vaginal birth because the mother had previously delivered via a cesarean section. The lawsuit also alleges that the doctor failed to appropriately monitor the mother for the weeks leading up to the delivery.

The defendant doctor was joined in the lawsuit by the hospital where the incident took place. All defendants claimed that everything was done to ensure a safe birth, but sometimes birth injuries are unavoidable.

The child was born with severe cerebral palsy and will likely need significant medical care for the remainder of his life. The parents were also upset because they felt as though the hospital minimized their concern and grief following the tragic event.

Birth Injuries in Maryland Hospitals
While the tragic birth injury discussed above took place in the United Kingdom, these kinds of oversights occur frequently here in Maryland as well. While the laws in the U.K. are certainly different than they are in Maryland, similar principles do apply.

For example, the laws in Maryland require that physicians acquire informed consent prior to performing any kind of medical procedure, including a vaginal birth. If a doctor fails to fully advise a patient about the risks involved with a procedure prior to performing the procedure, that doctor may be liable for any injuries caused as a result of the procedure.

Holding Responsible Parties Accountable
In Maryland, claims of professional medical negligence are called medical malpractice actions. When the alleged medical negligence is in relation to the birth of a child, the case is considered a birth injurycase. Both types of cases have additional requirements not present in other cases alleging negligence, such as an expert report justifying the plaintiff’s claims against the defendant. It is suggested that anyone considering filing a medical malpractice action speak with a dedicated attorney prior to proceeding.

Have You Been the Victim of a Maryland Birth Injury?

If you have recently given birth to a child whom you believe suffered from some kind of preventable birth injury, it may have been caused by the negligence of the hospital staff. To learn more about causes of birth injuries, and to speak with an attorney about your case, call (410) 567-0800 to set up a free consultation with a dedicated personal injury attorney well versed in birth injury cases.

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