The baby was not meeting neonatal milestones, and this prompted the mother in this case to not only get a second opinion as to a diagnosis, but to also reach out to a birth injury attorney for a consult. For some parents, their concerns following a delivery filled with complications subside as their baby seems to progress to normal. However, it is not until certain accomplishments do not occur for their baby that the parents look to move in another direction.
In this Maryland birth injury educational article, I will talk about some of the areas of analysis when looking to have a consult with a birth injury attorney. Please remember, that the information covered in this article is not exhaustive as to all the issues. However, these areas of analysis will help you begin to understand the process and some of the things you need to focus on regarding whether you may have a birth injury claim.
NOT MEETING NEONATAL MILESTONES…
When a baby is not meeting neonatal milestones, this can cause serious concern in parents, and rightfully so. Developmental milestones are simple activities that babies perform as they get older. Some of these milestones include rolling over, walking, and sitting up. In general, these milestones can be classified into different grouping categories such as language development, motor development, and social development. Parents must remember that even though babies move through milestones, no two babies will develop at the exact same time.
Below are some the milestones that babies reach after around the first month of life:
- Grasp Reflex: A baby will grasp on to an object if it is placed into the palm of the baby’s hand.
- Mouthing Reflex: These reflexes help a baby eat and survive. When the mouth is touched the baby will begin to suck. The “rooting reflex” is present when the baby’s check is touched. The baby will turn its head toward your hand if you touch its cheek (helps with breastfeeding).
- Stepping Reflex: A baby will start to put one foot in front of the other if it is held on a flat surface.
- Moro Reflex: This reflex can be seen if the baby is startled or is falling. The baby will extend its arms and legs away from the body.
If you have specific questions regarding your baby not meeting neonatal milestones, be sure to talk with your baby’s doctor about the specific issues present.
HOW DO YOU KNOW IF YOU HAVE A BIRTH INJURY CLAIM?
Birth Injury cases can be a little different from other injury type cases in Maryland. To be successful in a birth injury case you must prove that your treating doctor fell below the standard of care old to your baby, and by falling below the standard of care this is what caused the injury. The standard of care and causation analysis is proven using medical experts. Maryland law requires that these experts give an opinion as to the above mentioned.
When a birth injury attorney is helping a family determine whether their child’s injury at birth is due to a failure with the doctor and or nurse following standard of care, the attorney will want to look at all medical records available. This means that the attorney will want to look at not only the mother’s records from the labor and delivery but also the records for the baby. Of special importance will be the records from the electronic fetal heart monitor.
In many instances, a birth injury attorney will not be able to give you a clear answer as to whether the doctors and nurses are the cause of your baby’s birth injury until they can do a thorough investigation involving the above. Like I tell my clients, I will be able to tell you more regarding whether you have a viable birth injury claim when we can complete our investigation.
DO YOU STILL HAVE QUESTIONS REGARDING YOUR BABY’S BIRTH INJURY?
Has the fact that your baby is not meeting neonatal milestones caused you to have questions as to whether birth trauma is the reason your baby is not able to develop properly? If you have these types of questions, this is what I invite you to do. Pick up the phone and give me a call.
I can be reached at 301-850-4832. I answer questions regarding labor and delivery, brain injuries, cerebral palsy diagnosis, and much more surrounding birth injuries all the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP