Birth injuries can be life-altering for both the child and their family. When these injuries occur due to medical negligence, parents may consider filing a medical malpractice lawsuit to seek compensation for the harm caused. However, birth injury malpractice cases are complex, and not every poor medical outcome creates a basis for a lawsuit.

To file a medical malpractice case related to a birth injury that caused irregular symptoms following birth, certain legal criteria must be met. Understanding these criteria can help parents decide whether they have a viable claim and whether to pursue legal action.

1. Did a doctor-patient relationship exist?

Before a medical malpractice case can proceed, there must be proof that a formal doctor-patient relationship existed between the medical provider and the patient (in this case, the mother or the child). This relationship establishes that the healthcare provider had a duty of care to both the mother and the baby during pregnancy, labor, and delivery.

This criterion is generally easy to satisfy, as it applies when a physician, nurse, or other healthcare provider agrees to provide medical care to the mother and child. This relationship creates a legal obligation for the provider to follow accepted standards of care.

2. Was there a breach of the standard of care?

The next important element in a birth injury malpractice case is proving that the healthcare provider breached the “standard of care,” which refers to the level of skill and awareness that a reasonably competent healthcare provider would have exhibited under similar circumstances. Essentially, this means that the provider failed to act as a competent medical professional would have in a similar situation.

Parents must demonstrate that the doctor or medical team made mistakes or failed to take appropriate action that a reasonable healthcare provider would have taken to prevent the injury. For example, if the provider failed to monitor fetal distress during labor, used excessive force during delivery, or misused equipment during the birthing process, a breach of the standard of care probably occurred.

3. Can causation of the birth injury be established?

In addition to showing that the standard of care was breached, it must be proven that this breach directly caused the child’s birth injury. This is known as “causation” and can be one of the most difficult elements to prove in a medical malpractice case.

To do so successfully, parents and their lawyer must establish that the child’s injury would not have occurred if the healthcare provider had acted according to the appropriate standard of care. Medical records, expert testimony from medical specialists, and other forms of evidence are often required to show that the provider’s actions (or lack of action) directly led to the injury.

For example, if a doctor failed to perform a necessary C-section in time, and this delay led to oxygen deprivation that caused cerebral palsy, the failure to act could be considered the direct cause of the injury.

4. Were there significant damages associated with the birth injury?

To pursue a birth injury medical malpractice claim, parents must show that the injury caused damages, including but not limited to:

• Medical expenses: Costs for immediate and long-term medical care, including surgeries, rehabilitation, therapy, and medical devices.
• Future care: Expenses related to lifelong care for the child if the injury results in permanent disability, such as cerebral palsy or brain damage.
• Pain and suffering: Non-economic damages for the physical and emotional pain endured by the child and family.
• Lost earning capacity: Compensation for the child’s inability to earn a living in the future due to the injury.

Without substantial damages, even if medical negligence occurred, the case may not be financially viable. However, the costs of many birth injuries add up quickly, and their consequences are often lifelong.

5. Were there immediate effects on the child?

One of the biggest red flags indicating a birth injury is if a child isn’t released within a couple of days of birth. Babies are usually admitted to the neonatal intensive care unit if the delivery was difficult or if physical defects are immediately noticed by the medical team. Keep in mind that a difficult or premature birth doesn’t guarantee that there was any medical malpractice involved, but it is a hint that something went wrong and may need to be evaluated by a legal professional.

6. Are you eligible to file within the statute of limitations?

In Maryland, the statute of limitations for filing a medical malpractice claim, including birth injuries, is five years from the date the injury occurred. Under the discovery rule, the deadline may also be three years from when the injury was discovered. The shorter of the two timeframes is the one that is honored.

Many states, including Maryland, also provide exceptions for minors, allowing a longer period for filing a claim. This can extend the deadline until the child reaches a certain age, often 18 years old, plus an additional period (usually three years after reaching adulthood). The attorneys at Wais, Vogelstein, Forman, Koch & Norman in Baltimore recommend calling a lawyer even if you think it’s too late to file a claim because it often isn’t.

With that in mind, sooner is always better. Parents should consult a medical malpractice attorney expeditiously to ensure they file within the legal time limits.

Taking the next step with a birth injury attorney

If parents suspect their child’s birth injury was caused by medical negligence, consulting an experienced birth injury lawyer is essential. A qualified lawyer can help determine whether the case meets the legal criteria for medical malpractice and guide families through the complex process of seeking compensation for their child’s injury. Birth injuries can have far-reaching consequences, and holding responsible parties accountable may help ensure the resources needed for the child’s care and development are secured.

This article was created in partnership with Fox45 News.