Birth injuries are a sensitive and often misunderstood topic. Any myths and misinformation can make an already bad situation worse, as they can cause confusion, delay necessary treatment, and prevent the affected families from getting justice.
Some of these myths and misinformation might affect parents when they are feeling discouraged or sad, preventing them from seeking proper legal representation. These misconceptions often serve healthcare providers, making parents believe that a birth injury lawsuit is not worth pursuing.
Our birth injury team wants to tackle 10 of the most common misconceptions about birth injuries and debunk them to help parents and caregivers better understand their rights, and the realities of birth injuries.
Myth 1: It’s not an injury; it’s genetic
Reality: While some conditions present at birth are genetic, many birth injuries are the result of complications during labor and delivery. These injuries can stem from medical negligence or errors, such as improper use of medical tools or failure to monitor the baby’s vital signs. Only thorough medical evaluation and testing can differentiate between genetic conditions and preventable birth injuries.
Myth 2: Birth injuries can’t be prevented
Reality: Many birth injuries are preventable with proper medical care and attention. For example, timely decisions regarding C-sections, careful monitoring of fetal distress, and appropriate use of delivery instruments can significantly reduce the risk of injury. Medical professionals are expected to adhere to a standard of care, and when they fail to do so, injuries can result.
Myth 3: It’s too late to file my claim
Reality: Many parents believe that they’ve missed their chance to file a claim if they didn’t act immediately after the birth injury occurred. However, the statute of limitations for birth injury cases in Baltimore is five years, or three years from the date that the injury was discovered, whichever comes sooner. Many states, including Maryland, provide exceptions for minors filing a lawsuit. In these cases, the deadline extends until the child reaches a certain age, often 18 years old, plus an additional period (usually three years after reaching adulthood). An experienced birth injury lawyer will understand the intricacies of state law, how a lawsuit should be filed, and what compensation an affected person or family is entitled to receive.
Myth 4: The only birth injury sign is cerebral palsy
Reality: While cerebral palsy is one of the more well-known outcomes of birth injuries, it’s not the only one. Birth injuries can result in a wide range of conditions, including brachial plexus injuries (like Erb’s palsy), fractures, brain injuries, and developmental delays. Each injury can have its own set of symptoms and long-term effects. In some cases, a single incident could cause a variety of conditions and symptoms – each with unique care needs.
Myth 5: The effects of a birth injury can be immediately identified
Reality: Not all birth injuries are apparent immediately after birth. Some injuries, such as brain injuries, may not become evident until months or even years later when developmental milestones are missed. Early intervention and consistent medical follow-ups are crucial in detecting and addressing these injuries. Even when the symptoms of a biorth injury present later, parents still have legal options to pursue a birth injury lawsuit. The compensation they receive can help them get specialized care to secure their child’s future.
Myth 6: Birth injuries only happen during difficult or prolonged labor
Reality: Although labor complications can increase the risk of birth injuries, they are not the only cause. Birth injuries can occur in any type of delivery due to factors such as improper use of forceps, mismanagement of shoulder dystocia, or a delayed C-section. There are even cases of post-natal birth injuries, or parents receiving improper care during their pregnancy.
Myth 7: Birth injuries are always minor and temporary
Reality: While some birth injuries may heal over time with proper treatment, others can have lifelong consequences. Conditions like cerebral palsy, brain injuries, or nerve damage can result in permanent disabilities, requiring ongoing medical care, therapy, and support throughout the child’s life.
Myth 8: Only the mother’s health affects the risk of birth injuries
Reality: While maternal health is a crucial factor in a safe delivery, the healthcare provider’s actions play a significant role. Proper prenatal care, monitoring during labor, and appropriate responses to complications are critical to preventing birth injuries. Negligence on the part of the medical team creates grounds for a birth injury lawsuit.
Myth 9: No legal action can reverse the damage
Reality: While legal action cannot undo the injury, it can provide the financial resources necessary to support the child’s care, therapy, and future needs. A successful birth injury claim can help families manage the long-term costs associated with the injury, alleviating the financial burdens and giving them access to specialized care for the child. Birth injury lawsuits also keep healthcare providers accountable – preventing other families from suffering a similar scenario.
Myth 10: All birth injury cases are the same
Reality: Every birth injury case is unique, with varying causes, outcomes, and legal considerations. The specifics of each case, such as the type of injury, the medical circumstances, and the jurisdiction, will determine the legal approach. A skilled birth injury lawyer can provide tailored advice and representation based on the individual case details.Overcoming a birth injury is challenging enough without any misinformation. If you suspect your family has been the victim of a birth injury, or if you need any clarification about your situation, consult an experienced lawyer, such as Wais, Vogelstein, Forman, Koch & Norman, who can guide you through the complexities of your case and help secure a better future for your child. Taking a free consultation has no risks – and can get you the answers you deserve.
This Article was created in partnership with Fox45 Baltimore.
