Birth Injuries are classified as a type of medical malpractice. In order for someone to have a viable medical malpractice claim, a doctor or healthcare provider (physicians, nurses, hospitals, psychologists, x-ray technicians or a variety of other medical professionals) must have committed a negligent act that deviated from the accepted standard of medical care, and that negligent act must have resulted in significant injury.

For example, if a medically necessary C-section was delayed, that delay must have been caused by the inappropriate actions of the OBGYN and/or hospital staff that no other reasonably prudent healthcare provider would have done under the same or similar circumstances.

These breaches in the standard of care must be demonstrated to be the proximate cause of the birth injury. This means that if not for the negligent act(s), the child would not have suffered from these injuries.

Unfortunately, sometimes birth injuries can happen in the absence of negligence. Due to the emotional distress and chaos of an emergent labor and delivery, it is difficult for a patient to determine whether or not things were done appropriately.

That’s where our legal experience in birth injury law and procedure help families.

Cerebral Palsy
Erb–Duchenne palsy aka Erb’s Palsy
Various brain Injuries
Brachial Plexus Injuries
Wrongful death
Failure to perform a C-section in a timely manner

Failure to perform proper pre-natal testing
Did not render proper prenatal care
Failure to perform a cerclage (when indicated)
Hypoxic ischemic encephalopathy
Failure to provide proper care during delivery

We will evaluate your claim to help determine whether your child’s injuries were the result of an unfortunate bad outcome or the result of medical negligence. If a baby has a birth injury that could (and should) have been prevented by a medical professional we’ll advise on whether legal action should be taken to seek monetary compensation.

Because there are complicated and stringent statutes of limitations for medical malpractice cases that limit the amount of time the family of an injured child has to file a lawsuit it’s imperative to seek legal counsel as soon as possible. Birth injury cases in the Maryland and Washington, DC area are often complex and require an experienced attorney to understand and present the facts of the birth trauma in order to make the necessary links between the negligent act and the actual birth injury.

In some cases, insurance companies for doctors and nurses refuse to take responsibility for the birth injury and we’ll have to file a lawsuit against these providers to obtain justice for your family. Many of these cases settle – but only if your birth injury attorneys are fully prepared, and ready to take the case to trial in front of a jury.

Our firm employs an assertive, case specific litigation strategy utilizing the best in modern law office technology to obtain positive, timely results for our clients. We avoid taking a generalized, impersonal approach, recognizing instead that your case is unique and that the best results require individualized attention.