Birth injuries forever alter a family’s journey. When an infant suffers harm due to healthcare provider errors in Montgomery County, parents face both emotional heartbreak and financial strain. For Aspen Hill families, watching a newborn struggle with preventable injuries while medical bills accumulate creates unimaginable pressure.
Our birth injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. combine medical understanding with fierce legal advocacy to hold negligent medical providers accountable. While you focus on your child’s recovery and care, we handle every aspect of your legal claim with precision and dedication.
Understanding Birth Injuries and Legal Accountability in Maryland
Birth injuries differ significantly from birth defects. Injuries result from physical trauma or oxygen deprivation during labor or delivery, often caused by medical negligence. These injuries can affect either the infant or mother and range from temporary conditions to permanent disabilities requiring lifelong care.
Medical malpractice occurs when healthcare professionals fail to provide the standard of care that similarly trained practitioners would deliver under comparable circumstances. This failure breaches their professional duty and forms the basis for legal action.
Several parties may bear responsibility for birth injuries in Aspen Hill medical facilities:
- Obstetricians and Physicians: Doctors who fail to identify risk factors, respond properly to emergencies, or use appropriate delivery techniques
- Labor and Delivery Nurses: Nursing staff who inadequately monitor fetal heart rates or fail to alert physicians to warning signs
- Hospitals and Medical Centers: Institutions responsible for hiring qualified staff, maintaining proper equipment, and implementing safety protocols
- Anesthesiologists: Specialists who administer medications during labor and delivery
To establish liability, your attorney must demonstrate through expert medical testimony that providers violated the acceptable standard of care and that this violation directly caused your child’s injuries.
Common Causes of Birth Injuries Due to Medical Negligence
The common causes of birth injuries in Aspen Hill are the following:
Delayed Cesarean Section (C-Section)
When complications arise during childbirth, prompt surgical intervention becomes necessary. Unwarranted delays in performing emergency C-sections can lead to oxygen deprivation, resulting in permanent brain damage and conditions like cerebral palsy.
If Aspen Hill healthcare providers postpone necessary surgery despite signs of fetal distress, they may be held liable for resulting injuries.
Misuse of Forceps or Vacuum Extractors
Instrumental deliveries require exceptional skill and proper technique. When applied incorrectly, these tools can cause:
- Skull fractures and cranial bleeding
- Nerve damage affecting facial movement
- Permanent neurological disorders
- Cerebral hemorrhage
Montgomery County healthcare providers must demonstrate appropriate training before utilizing these instruments.
Failure to Monitor Fetal Distress
Electronic fetal monitoring provides vital information about a baby’s condition during labor. Warning signs requiring immediate attention include:
- Decreased variability in heart rate
- Late decelerations
- Prolonged bradycardia (abnormally slow heart rate)
- Presence of meconium in amniotic fluid
When Aspen Hill medical staff misinterpret these signals or fail to respond appropriately, babies may suffer hypoxic-ischemic encephalopathy (HIE), resulting in permanent brain damage.
Mishandling Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. This obstetric emergency requires specific maneuvers to resolve safely.
Improper handling can cause brachial plexus injuries, including Erb’s palsy, resulting in weakness or paralysis in the affected arm. According to the American College of Obstetricians and Gynecologists, proper technique can prevent most permanent injuries associated with this complication.
Untreated Infections and Additional Medical Errors
Maternal infections like Group B Streptococcus can be transmitted to newborns during delivery if not properly identified and treated. Likewise, conditions such as neonatal jaundice require prompt intervention to prevent kernicterus, a form of brain damage.
Medication errors during labor and delivery pose additional risks.
