Boy Suffers Brain Injury During Birth and Develops Cerebral Palsy
Recent developments have arisen in a case filed against doctors and a hospital after a woman gave birth to her son at the hospital in July 2005. The boy allegedly suffered a birth injury as a result of the negligent treatment of his mother and the circumstances surrounding his birth.
In response to her son’s injuries, the woman filed a lawsuit against the medical providers who cared for her and her son. One article covering the case notes that the suit claims that doctors failed to treat an infection and waited too long to deliver the child, which caused him to become oxygen-deprived, resulting in serious brain injuries and the development of cerebral palsy.
The plaintiff has requested substantial damages to compensate her for the expenses and loss related to the care of a severely disabled child, including significant amounts for long-term care and rehabilitation expenses. She has also requested compensation for the permanent damage to her son that cannot be repaired.
The Defendant Continues to Deny Liability for the Child’s Injuries
The article notes that an interim settlement has been approved by the presiding court in the case. However, the defendant has continued to deny any wrongdoing in the case, instead maintaining that a variety of factors contributed to the boy’s condition. The plaintiff may not yet be receiving an apology from the medical providers whom she believes negligently delivered her child, but she will at least receive financial assistance to help with the expenses and loss relating to her son’s injuries and disability.
Like this woman, some plaintiffs who allege birth injuries resulting from medical malpractice may be offered a fair settlement without proving the defendant’s wrongdoing, but many Maryland birth injury cases will need to be taken to trial before any wrongdoing is admitted.
What Must Be Proven it a Birth Injury Trial and How Defendants Try to Avoid Liability
To successfully recover damages for birth injuries in a Maryland medical malpractice lawsuit, a plaintiff must prove that the medical care provided by the defendant did not meet a minimum professional standard for the type of care being given, and that a birth injury was suffered as a result of the doctor’s negligent failure to provide adequate care. Defendants in birth injury cases often avoid liability for the injuries by arguing that the injuries developed in the womb and were unrelated to the delivery, or by claiming that adequate care was provided and the injuries were unavoidable and not the responsibility of the medical providers. Birth injuries can have several possible causes, and it can be extremely difficult for a plaintiff to prove that a birth injury was the result of malpractice without an experienced advocate on their side.
Are You a Victim of Malpractice?
If you or a loved one has suffered from negligent medical care resulting in a birth injury or disability, the experienced birth injury and medical malpractice attorneys at Wais, Vogelstein, Forman & Offutt can help you get the compensation you deserve. Our malpractice attorneys have fought against doctors and insurance companies in hundreds of birth injury cases, and we’re prepared to hold them responsible for their negligence. We focus our practice on birth injuries and medical malpractice, and we represent victims nationwide. Contact the experienced birth injury attorneys at Wais, Vogelstein, Forman & Offutt today. Call us at (410) 567-0800 or contact us through our website to schedule a risk-free consultation.