An Anne Arundel County Maryland birth injury lawyer is sometimes contacted by parents who are looking for more answers than they are being given by medical professionals. In addition to a lack of answers, mothers are usually on the front lines in these types of situations. As one mother said, “Between the mounting medical bills, and not knowing what the future had in store for my baby, I realized that my family needed help.”
A nurse monitoring a newborn baby.
The above quote is just some of the questions and challenges parents face when their child has suffered a Maryland birth injury. An Anne Arundel County Maryland birth injury lawyer can help with issues such as:
These are but a few questions and issues your Maryland birth injury lawyer will be able to assist you and your family with a better understanding.
CEREBRAL PALSY IS THE NUMBER ONE CAUSE OF MOTOR DISABILITIES IN CHILDREN
A brain injury at birth can lead to many challenges in the future for a baby. According to organizations like the Centers for Disease Control and Prevention (“CDC”), cerebral palsy is the number one cause of motor disabilities in children. Parents can usually begin to notice the challenges that their baby faces due to the fact the child is not meeting certain neonatal developmental milestones.
Even though many parents might notice early on that their child is facing challenges, many doctors will not give a cerebral palsy diagnosis until the child is around 2 to 3 years of age. The diagnosis will come using medical tests and reviewing the child’s medical records and history.
DID BABY SUFFER A BRAIN INJURY AT BIRTH?
When a child is in distress during a vaginal delivery, doctors and nurses have to pay close attention to baby and mother. One way that doctors and nurses can tell how well a baby is tolerating a vaginal delivery is with the use of a device called the fetal heart monitor. This monitor is used in most hospitals across the United States and it feeds continuous information to medical professionals regarding the baby’s heart rate, among other things.
MRI of the brain.
According to the American College of Obstetricians and Gynecologists (“ACOG”), fetal heart tracings can be broken down into 3 specific categories. They are the following:
- Category 1 (this category of readings according to ACOG are readings which are normal and require no action on the part of the medical professionals)
- Category 2 (in this category the fetal heart readings are considered intermediate and requires evaluation and monitoring…other tests may also be needed to ensure fetal wellbeing)
- Category 3 (these types of readings are abnormal and mean that the doctors and nurses have to take immediate action…intrauterine resuscitation measures should be followed and if the readings do not return to normal the baby needs to be delivered ASAP)
If medical professionals misread the fetal heart readings or do not correctly respond to other evidence of fetal distress, then an injury to the baby can occur. One of the most common forms of injury in a situation like this is a lack of oxygen getting to the brain and other vital organs.
An Anne Arundel County Maryland birth injury lawyer will make sure that when a suspected brain injury at birth occurs, that the medical records are thoroughly reviewed by the appropriate medical experts. Again, this is one way in which a Maryland birth injury lawyer can help you and your family get the answers that you deserve.
HYPOXIC ISCHEMIC ENCEPHALOPATHY IS WHAT THE DOCTORS TOLD ME
Hypoxic Ischemic Encephalopathy (“HIE”) is a medical condition which deals with essentially the lack of oxygen to the brain. HIE is usually diagnosed through the use of neuroimaging techniques. As mentioned above, when there is a lack of oxygen to the brain one has to be on the lookout for a possible cerebral palsy diagnosis in the future. To break down HIE into simpler terms think of it like this:
- Hypoxic deals with a lack of adequate oxygen in the body or region in the body.
- Ischemic deals with a lack of or restriction of blood flow in the body or a region of the body.
- Encephalopathy is a medical term which deals with an injury to the brain either because of disease or some other cause. It can also mean an alternation of the brain.
An Anne Arundel County Maryland birth injury lawyer will inspect the fetal heart strips, as mentioned above to see if there was evidence of fetal distress in the strips which was missed by the medical professionals. For example, did the baby have an abnormally high heart rate for a considerable amount of time? On average, a baby’s heart rate should not remain over 160 beats per minute (“bpm”) for a considerable time without intervention. The medical term for a high heart rate like this is tachycardia.
The fetal heart monitor can help doctors determine if the baby is in distress.
One the flip side, just like a high heart rate can be problematic for the baby, a low heart rate for a considerable amount of time can possibly lead to injury. A normal fetal heart reading will not drop below 110 bpm for a considerable amount of time. The medical condition bradycardia ensues when the baby has a low heart beat like this. As with tachycardia, extended bradycardia is a strong sign that the baby may need immediate intervention.
A combination of either tachycardia and/or bradycardia with other troubling signs (lack of variability, late decelerations, etc…), should be enough for doctors and nurses to start intrauterine resuscitation measures. With that said, if some of the initial measures are not adequate, then doctors have to consider an emergency C-section because of the serious threat of a brain injury like HIE, which could lead to a possible cerebral palsy diagnosis in the future.
MECONIUM WAS PRESENT WITH MY BABY AT BIRTH
Meconium can sometimes be present when a woman’s amniotic fluid (“water”) breaks. On its own meconium will not be enough to conclude that a baby is in fetal distress, according to some medical literature. However, the presence of meconium is enough for doctors and nurses to pay very close attention to mother and the baby.
Essentially, meconium is the baby’s stool. It can be greenish to brownish in color and can be present even though the baby does not eat like children and adults. The question that many medical professionals have is what causes a baby to pass meconium? Some birth injury lawyers have suggested that meconium is passed in a moment of panic, like when an adult is faced with a serious situation of panic.
What happens if your baby ingests or “breaths in” meconium? If this occurs then the baby can suffer from complex respiratory issues. This is due to the fact the meconium, being sticky in nature, can block the baby’s airways and cause the lungs to collapse. The name of this condition is meconium aspiration syndrome (“MAS”).
According to the Merck Manual, stress can cause the baby to gasp reflexively and lead to the baby inhaling the meconium into their lungs. Doctors can diagnose MAS through the use of chest X-rays and can treat the condition immediately after birth with oxygen and the use of a ventilator when needed. If left untreated, MAS can lead to the baby’s death.
HAS YOUR BABY’S ARM OR HAND BEEN INJURED SINCE CHILD BIRTH?
An Anne Arundel County Maryland birth injury lawyer will sometimes get calls from parents who have noticed that their child has not been able to use his or her arm and/or hand. When pressed about when they first noticed, the parents will sometimes say that from the early beginning they noticed that their baby was favoring one limb or not moving a hand.
A picture of a hospital operating room hallway.
One of the main causes of an injury to a baby’s arm or hand during birth is a medical condition called shoulder dystocia. Shoulder dystocia occurs when the baby is trapped behind the mother’s pelvis. As a result of this, doctors must work quickly and carefully to free the trapped baby. Shoulder dystocia is considered a delivery room emergency because if not treated properly, the baby can die.
Some of the risk factors for shoulder dystocia are the following:
- Gestational Diabetes
- Maternal Obesity
- Mother over 35 years old
- Mother short in stature
Even though there is no 100% way of knowing whether a shoulder dystocia emergency will occur during a delivery, the above risk factors can provide helpful information to medical professionals. In addition, if a shoulder dystocia condition occurs, doctors are taught medical techniques to assist the baby during delivery.
When a baby’s arm or hand is injured during birth, it can be hard to immediately know sometimes the long term nature of the injury. In some instances, doctors may be able to treat the baby through surgery and other therapies. Add to this, because of the amazing nature of a baby’s body, sometimes this amazing ability will allow the baby to overcome an injury to their arm and/or hand. Injuries can range from the following:
- Brachial plexus palsy
- Erb’s palsy
- Klumpke’s palsy
An Anne Arundel County Maryland birth injury lawyer will be sure to go over your baby’s records and advise you and your family of the possible options for the future. For example, will it be better to look into a Maryland birth injury law suit immediately (long term prognosis reveals permanent injury or paralysis) or if the wait and see method (within a reasonable amount of time) is best.
AN ANNE ARUNDEL COUNTY MARYLAND BIRTH INJURY LAWYER CAN HELP
One crucial way in which an Anne Arundel County Maryland birth injury lawyer can help when your child has suffered a birth injury is to break down and explain the medical malpractice process to you. In so many instances, parents and family members have very little understanding as to how these types of cases work in Maryland. For example, to many, if a bad result occurred that is automatic proof of Maryland medical malpractice. This is not a correct understanding of Maryland law.
Even though birth injury cases fall under the umbrella of medical malpractice, when the cases are broken down into their basic parts, Maryland tort law is the foundation. In a basic Maryland tort case one must prove the following elements:
- DUTY
- BREACH OF DUTY
- CAUSATION
- DAMAGES
If any one of these elements is missing then you will not be successful with your claim. In conjunction with meeting the above elements, the current state of Maryland law as of the time of this writing is that if you are even 1% responsible for your injury then you cannot recover under tort law. This doctrine is called contributory negligence.
BOSTON LAW GROUP LLC YOUR ANNE ARUNDEL COUNTY MARYLAND BIRTH INJURY LAWYERS
If your child has suffered an injury at birth and you know that it is time for you to talk with someone about your options, this is what we invite you to do. Pick up the phone and give us a call. It costs you nothing to call us. We answer Maryland birth injury questions like yours all the time and we would be happy to listen to your story. You can reach us at 301-850-4832.
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Boston Law Group, LLC handles Maryland birth injury cases in: