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Pursuing Justice for Maryland Birth Injuries

Birth injuries can occur due to various reasons, ranging from natural factors to instances of medical negligence or malpractice. By understanding the causes and consequences of these injuries, families can take informed steps toward seeking justice and obtaining the compensation they deserve. At Regan Zambri Long PLLC, we understand that birth injuries can have a profound impact on families, leading to emotional distress and financial burdens. That’s why we are dedicated to helping families affected by birth injuries in Maryland seek justice and pursue fair compensation. If your child suffered a birth injury in Maryland, contact us today for a free, no-obligation consultation to discuss your case and legal rights. We can explore the legal avenues available to pursue compensation and ensure a brighter future for your family.

What Are Birth Injuries?

Birth injuries are physical or neurological injuries that happen to a baby during labor, delivery, or shortly after birth. These injuries can range in severity, from mild to life-altering. Some common examples of birth injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, fractures, and brain damage.

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While it’s important to note that not all birth injuries are preventable, some may result from medical negligence or malpractice. Understanding the causes and effects of these injuries is essential in determining if legal action is warranted to pursue compensation.

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The Legal Rights of Families Affected by Birth Injuries in Maryland

In Maryland, families whose children have suffered birth injuries due to medical negligence or malpractice have legal rights and may be entitled to compensation.

Statute of limitations

Maryland sets a time limit within which a birth injury lawsuit must be filed. This limit is called the statute of limitations. In Maryland, the limit is three years from the date of injury, or from when you knew or should have known that a birth injury was suffered. It’s crucial to consult with a birth injury lawyer as soon as possible to ensure compliance with this deadline and preserve your right to seek compensation.

Negligence and liability

Families affected by birth injuries can pursue legal action based on medical negligence. This involves proving that the healthcare provider or medical staff involved in the care and delivery of the child breached their duty of care, resulting in the birth injury. Establishing negligence is a complex process that requires the expertise of a birth injury lawyer.

Common Causes of Birth Injuries

Birth injuries can occur due to natural factors beyond anyone’s control. Difficult or prolonged labor, abnormal positioning of the baby during birth, or a larger-than-average baby can contribute to birth injuries. These situations may require medical interventions to ensure the safe delivery of the baby.

In some cases, though, birth injuries are the result of medical negligence or malpractice. Examples of medical negligence during childbirth include improper use of delivery instruments such as forceps or vacuum extractors, failure to respond promptly to fetal distress, medication errors, or inadequate monitoring of the mother and baby during labor.

The Impact of Birth Injuries on Families

Birth injuries can have a profound and long-lasting impact on families. Emotionally, parents may experience feelings of guilt, sadness, and anger, questioning why their child had to endure such hardships. Financially, families may face overwhelming medical expenses, therapy costs, and the need for ongoing care and support for their child.

Plus, birth injuries can result in long-term consequences for the child. Birth injuries can affect their physical abilities, cognitive development, and overall quality of life. The child may require extensive medical treatments, rehabilitation therapies, and assistive devices. These challenges not only place a strain on the affected child but also on the entire family.

Common Types of Birth Injuries in Maryland

According to the Agency for Healthcare Research and Quality, nearly 2 of every 1,000 babies suffer a birth injury. There are many different kinds of birth injuries, but three types are most common.

Cerebral Palsy

Cerebral palsy is a group of neurological disorders that affect muscle coordination and body movement. It can occur due to brain damage or abnormal brain development before, during, or shortly after birth. Causes of cerebral palsy may include oxygen deprivation, trauma during delivery, or infections during pregnancy.

Families whose child has been diagnosed with cerebral palsy as a result of medical negligence may have grounds to pursue a birth injury lawsuit. By working with a skilled birth injury lawyer, families can seek compensation to cover medical expenses, therapy costs, ongoing care, and other damages associated with cerebral palsy.

Erb’s Palsy

Erb’s Palsy, also known as brachial plexus palsy, is a birth injury that affects the nerves in the baby’s upper arm. It typically occurs when there is damage to the brachial plexus nerves during a difficult delivery. This injury can lead to weakness or paralysis in the affected arm.

If medical negligence or improper delivery techniques contributed to the development of Erb’s Palsy, affected families may have legal options. By consulting with a knowledgeable birth injury lawyer, families can determine if pursuing a birth injury lawsuit is appropriate to seek compensation for medical expenses, therapy costs, and the future needs of the child.

Other Brachial Plexus Injuries

Brachial plexus injuries are nerve injuries that occur during birth, affecting the nerves in the shoulder and arm. These injuries often result from stretching, tearing, or compression of the brachial plexus nerves. They can cause weakness, limited mobility, or loss of sensation in the affected area.

In cases where medical negligence or errors during delivery led to brachial plexus injuries, families may have legal options to pursue compensation. A skilled birth injury lawyer can help families navigate the legal process and seek the financial resources needed to cover medical treatments, therapy, and ongoing care for the child.

The Role of a Birth Injury Lawyer in Maryland

Maryland birth injury lawyers specialize in handling cases related to birth injuries in Maryland. They possess extensive knowledge of medical malpractice laws, understand the complexities of birth injury cases, and have experience dealing with insurance companies and legal proceedings. These lawyers work tirelessly to protect the rights of families and seek the compensation they deserve.

Birth injury lawyers play a crucial role in building a strong case on behalf of the affected families. They investigate the circumstances of the birth injury, collect relevant medical records, consult with medical experts, and gather evidence to establish liability. They also handle negotiations with insurance companies and, if necessary, take the case to trial to fight for fair compensation.

When pursuing a birth injury claim in Maryland, it is essential to choose the right birth injury lawyer to represent your interests. Here are a few factors to consider:

Experience and expertise in birth injury cases: Look for a lawyer who has significant experience specifically in handling birth injury cases. They should have a deep understanding of the medical and legal aspects involved in these complex cases.
Successful track record and positive client testimonials: Research the lawyer’s track record of success in birth injury cases. Read client testimonials and reviews to gauge the level of satisfaction and trust others have placed in the lawyer’s abilities.

By selecting the right birth injury lawyer, you can have confidence in knowing that your case is in capable hands. The Maryland birth injury lawyers of Regan Zambri Long PLLC have extensive experience with birth injury cases, have recovered millions of dollars for clients, and always keep client interests first and foremost throughout the entire legal process.

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Steps Involved in a Birth Injury Lawsuit in Maryland

When pursuing a birth injury lawsuit in Maryland, families embark on a legal journey to seek justice and secure compensation for the harm caused to their child. Navigating the legal process can be complex. But with the guidance of an experienced birth injury lawyer at Regan Zambri Long PLLC, families can understand the steps involved and take the necessary actions to build a strong case.

Consultation and case evaluation: Our representation begins with an initial consultation. During this meeting, we listen to your story, review medical records, and evaluate the merits of your case. We assess the extent of the birth injury, determine if medical negligence played a role, and advise you on the legal options available to pursue compensation.
Gathering evidence and building a strong case: Once you decide to proceed, we will start collecting evidence to support your claim. This may involve obtaining medical records, consulting with medical experts, gathering witness testimonies, and analyzing the circumstances surrounding the birth injury. Building a strong case requires thorough investigation and attention to detail to establish liability.
Negotiating with insurance companies: After gathering the necessary evidence, we will engage in negotiations with the insurance company representing the healthcare provider or facility involved. This step involves presenting your case, advocating for fair compensation, and negotiating a settlement that adequately covers the damages suffered by your child and your family. We will skillfully navigate these negotiations on your behalf, aiming to secure a favorable outcome. You decide whether to accept a settlement or not, in consultation with us.
Preparing for trial (if necessary): In some cases, a fair settlement cannot be reached through negotiations. If this occurs, we will guide you through preparation for trial. This involves strategizing, preparing legal arguments, gathering additional evidence, and ensuring that your case is presented effectively in court. We provide the necessary guidance and representation throughout the entire trial process, fighting for your rights and the compensation your child deserves.

Frequently Asked Questions About Maryland Birth Injury Claims

What Types of Compensation Can Families Pursue in a Maryland Birth Injury Lawsuit?

Families pursuing a birth injury lawsuit in Maryland may seek various types of compensation, including:

Medical expenses: This includes current and future medical costs associated with the birth injury, such as hospital bills, surgeries, medications, and specialized treatments.
Rehabilitation and therapy costs: Birth injuries often require ongoing rehabilitation, physical therapy, occupational therapy, and other specialized therapies. Compensation can help cover these expenses.
Pain and suffering: Birth injuries can cause physical pain, emotional distress, and reduced quality of life for the affected child. Compensation may be available to address these non-economic damages.

Why is Compensation Important For the Long-Term Care of a Child With a Birth Injury?

Birth injuries can result in long-term or lifelong disabilities that require specialized care and support. Compensation plays a vital role in providing financial resources to cover the costs of ongoing medical care, therapies, assistive devices, and other necessary accommodations. It ensures your child receives the comprehensive care needed to optimize their development and well-being throughout life.

How Can a Birth Injury Lawyer Help Maximize the Compensation in a Maryland Birth Injury Lawsuit?

A skilled birth injury lawyer can play a crucial role in maximizing compensation for families. They have a deep understanding of Maryland’s legal system, medical malpractice laws, and the factors involved in assessing damages. By leveraging their experience, they can:

Thoroughly evaluate the full extent of damages: A birth injury lawyer will assess all current and future medical expenses, therapy costs, and potential long-term care needs. They work closely with medical experts to determine the accurate value of these damages.
Build a strong case: Lawyers collect and present compelling evidence, including medical records, expert opinions, and witness testimonies, to support the claim for maximum compensation. They carefully document the impact of the birth injury on the child’s life and the family as a whole.
Negotiate skillfully: Lawyers are adept at negotiating with insurance companies on behalf of their clients. They strive to achieve a fair settlement that adequately compensates for the damages suffered. If necessary, they are prepared to take the case to trial and advocate aggressively for their client’s rights.

Contact an Experienced Maryland Birth Injury Lawyer Today

Pursuing justice and seeking compensation for a birth injury in Maryland is a challenging journey, but it is an essential step towards securing the resources and supports your child needs. At Regan Zambri Long PLLC, our dedicated team of experienced birth injury lawyers is here to help. Contact us today for a free consultation to discuss your case and explore your legal options.