Learning that your beloved newborn has suffered a preventable birth injury creates overwhelming emotions for parents. Baltimore families affected by medical negligence during childbirth face substantial emotional distress alongside hefty medical bills and uncertainty about their child’s future. A Baltimore birth injury lawyer from Schochor, Staton, Goldberg and Cardea, P.A. provides the compassionate legal guidance your family needs during this turbulent time.
Our experienced attorneys understand the hardships of birth injury cases and the specific legal requirements within Baltimore. We help families secure the financial resources needed for specialized care while holding negligent medical providers accountable for their actions.
Common Causes of Birth Injuries Due to Medical Negligence
Birth injuries often result from specific failures by medical professionals to follow established standards of care. Understanding how these injuries occur strengthens your potential legal claim and aids in securing proper compensation.
Oxygen Deprivation (Birth Asphyxia)
Birth asphyxia occurs when an infant’s brain doesn’t receive adequate oxygen during labor or delivery. This serious condition may result from failure to recognize umbilical cord complications, inadequate response to signs of fetal distress on monitoring equipment, or delayed intervention when the baby shows signs of oxygen deprivation.
The consequences of birth asphyxia can be severe and long-lasting. Medical research published in the Journal of Perinatal Medicine confirms that even brief periods of oxygen deprivation can lead to hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and other permanent brain injuries requiring lifelong care and support.
Delayed C-Section
When complications arise during labor, timely cesarean delivery can prevent significant birth injuries. Medical facilities must follow precise protocols for emergency C-sections, including prompt recognition of fetal distress indicators, efficient preparation of surgical teams, and timely decision-making by attending physicians.
According to research published in the American Journal of Obstetrics and Gynecology, delays for emergency C-sections markedly increase risks of permanent brain damage and other severe complications. When healthcare providers fail to perform timely C-sections despite clear indications of distress, they may be held liable for resulting injuries.
Improper Fetal Monitoring
Delivery rooms utilize electronic fetal monitoring to track vital signs during labor. Effective monitoring requires continuous attention to fetal heart rate patterns, recognition of concerning variables that indicate distress, clear communication between nursing staff and physicians, and swift intervention when monitoring shows potential problems.
The American College of Obstetricians and Gynecologists (ACOG) has established detailed guidelines for fetal monitoring interpretation. When hospital staff fail to interpret monitoring data or communicate concerns to physicians properly, babies may suffer preventable brain injuries, nerve damage, or other grave conditions that could have been avoided with attentive care.
Misuse of Delivery Tools
In difficult deliveries, obstetricians sometimes use assistive devices like forceps or vacuum extractors. While these tools can be necessary, improper use can cause devastating injuries.
Forceps can cause skull fractures, facial nerve damage, or brain bleeds. Vacuum extractors may lead to subgaleal hemorrhages or cephalohematomas. Excessive pulling can damage the brachial plexus nerves, causing Erb’s palsy or similar conditions.
Medical centers must ensure physicians have thorough training in instrumental delivery techniques. When doctors apply excessive force or use these tools in contraindicated situations, they may be held responsible for resulting injuries.
Medication or Treatment Errors
Medication mistakes during pregnancy, labor, or delivery can have dire consequences for both mother and baby. For example, the Food and Drug Administration explained that improper administration of Pitocin (labor-inducing drug) can cause uterine hyperstimulation and fetal distress.
Additionally, failure to treat maternal infections can lead to sepsis in the newborn. Mismanagement of maternal conditions like gestational diabetes or preeclampsia can harm the baby. Anesthesia errors may compromise both maternal and fetal well-being.
The Agency for Healthcare Research and Quality reports that medication errors may occur in hospitalized patients, including labor and delivery units. Medical facilities must maintain rigorous medication protocols and ensure all staff follow established safety procedures to prevent these hazardous errors.
Other Preventable Errors
Additional forms of medical negligence that can cause birth injuries include failure to consult specialists for high-risk pregnancies, insufficient prenatal screening for potential complications, flawed communication during shift changes or between departments, staffing shortages that compromise patient safety, and dismissing patient concerns or symptoms requiring immediate attention.
Each birth injury case has distinct circumstances, and a methodical investigation is necessary to identify all instances of negligence that contributed to your child’s injury.
Determining Liability: Identifying Responsible Parties
Birth injury cases often involve multiple responsible parties, and your Baltimore birth injury attorney will investigate to identify all potentially liable parties to ensure full compensation.
Delivering Obstetrician or Medical Doctor
The primary physician overseeing your delivery has significant responsibility for your care and may be liable if they failed to identify or address risk factors during pregnancy, made errors during the delivery process, used inappropriate delivery techniques or excessive force, delayed necessary interventions like emergency C-sections, or failed to respond to fetal distress properly.
When physicians fail to meet the standard of care, they can be held accountable regardless of their reputation or hospital affiliation.
Nurses and Medical Staff
Labor and delivery nurses have critical responsibilities. They must monitor fetal heart rates and maternal vital signs, recognize warning signs that require physician attention, implement physician orders correctly, document important information accurately, and communicate effectively with the medical team.
When nursing staff fail in these duties, they may share liability for resulting birth injuries.
Hospital or Medical Facility
Hospitals and birthing centers may be held responsible for birth injuries under several legal theories. These include direct liability for systemic failures like inadequate protocols or staffing, vicarious liability for the negligence of employed healthcare providers, corporate negligence for failing to credential or supervise staff properly, and responsibility for equipment failures or facilities issues.
These institutions have a duty to maintain safe environments with proper equipment, qualified staff, and effective safety protocols.
Other Healthcare Providers
Additional medical professionals who may bear responsibility include anesthesiologists who administer epidurals or other pain management, perinatologists who manage high-risk pregnancies, maternal-fetal medicine specialists who provide specialized care, neonatologists responsible for newborn care, and radiologists who interpret prenatal ultrasounds or other imaging.
Your birth injury attorney will conduct a thorough investigation to determine which healthcare providers failed to meet the standard of care and how their negligence contributed to your child’s injury.
