Earlier last month in Ireland, a mother filed claims against the doctor who delivered her third child, claiming that the doctor’s “poor performance” caused her child to be born with the incurable disease cerebral palsy. According to one local news source, the woman was admitted to the hospital for the birth of her third child on June 15, 2015.
That day, during the birth, the mother’s uterus ruptured, and the infant’s heart rate reached dangerously low levels. This necessitated an emergency cesarean section. However, during the delivery process, the child was distressed from the lack of oxygen it was receiving and needed to be put on anti-seizure medicine. This, however, was not told to the mother.
It wasn’t until later when the mother’s sister, who was also a nurse at the hospital, asked about the course of treatment that it was discovered the doctor did not order hypothermic, or “cooling,” treatment for the baby. This alarmed the baby’s aunt, who was aware that there is research suggesting that cooling therapy goes a long way to help prevent permanent and irreversible damage in children who are deprived of oxygen at birth.
According to the mother, this oversight by the doctor resulted in her child being diagnosed with cerebral palsy. She has since filed suit against the doctor.
Birth Injury Lawsuits in Maryland Courts
While the birth injury case discussed above occurred in the United Kingdom, similar laws apply here in Maryland to protect the innocent victims of a delivering physician’s negligence. In fact, any time a medical professional’s negligence causes injury to a patient, there may be a possibility for financial recovery through a medical malpractice action.
Through a medical malpractice lawsuit, or more specifically a birth injury lawsuit, parents can seek compensation for the injuries their child sustained as a result of sub-par medical care. In order to recover, the plaintiff parents must be able to prove to the court that the defendant doctor’s care fell below the acceptable level of care that most professionals would provide under similar circumstances.
For example, if the plaintiffs discussed above could show that other doctors would have utilized cooling therapy to help reduce the effects of oxygen deprivation at birth, they may have a successful lawsuit against the doctor who opted not to use such treatment. This is a significant oversimplification, however, and to learn more about birth injury lawsuits, you should contact a dedicated Maryland birth injury attorney to discuss the specifics of your case.
Have You Given Birth to a Child Born with a Preventable Birth Injury?
If your family has recently brought a child into the world who suffers from a preventable birth injury, you may be entitled to monetary compensation based on the delivering physician’s negligence. In some cases, it may be possible to also name the hospital or medical center as a defendant in the lawsuit. To learn more, contact one of the dedicated Maryland birth injury attorneys at Lebowitz & Mzhen, LLC. The skilled advocates at Lebowitz & Mzhen have the experience and dedication necessary to bring your case against the negligent parties responsible for your child’s injuries. Call 410-654-3600 today to set up a free consultation with an attorney.
More Blog Posts:
Maryland Appellate Court Considers the Cap on Judgments Against Municipalities, Maryland Accident Law Blog, January 16, 2015.
Substantial Lawsuit Brought Against Kaiser After Allegedly Botched Delivery, Maryland Accident Law Blog, April 22, 2015.