Families caring for a child who suffered an injury at birth deserve the utmost compassion and respect. The consequences of a traumatic birth can have long-term, if not lifelong, effects. If your baby has a birth injury, contact Parker, Pallet, Slezak, & Russell, LLC now. Our Aberdeen, MD birth injury lawyer will evaluate your case and determine the best course of action to get your family the financial support required to raise your baby with the best possible medical care. You may have limited time to submit a claim, so don’t wait to schedule a consultation with our firm.
What A Birth Injury Lawyer Does
Our birth injury lawyer upholds the rights of infants and their families after a complicated birth. As patients, we trust doctors to give us the best popular care. When a baby is injured at birth, the cause may be medical malpractice. We can help you determine the liability of your obstetrician, birthing center, or hospital. Our priority is the well-being of your baby, and it is essential that you seek medical advice if you suspect a birth injury that has yet to be diagnosed.
Our Aberdeen birth injury lawyer will walk you through the entire process of filing a personal injury claim and help you:
- Gather and interpret evidence
- Get a professional view of your infant’s medical records
- Seek medical testimony that validates our claim
- File a claim with insurance
- Negotiate a settlement
- Represent you in trial
Every birth injury case is unique. Our attorney gets to know you and diligently investigates the circumstances of your child’s birth to craft a tailored legal approach.
Benefits Of Hiring A Birth Injury Lawyer
When a baby is hurt during birth, you may not be sure who to hold accountable. If the injury is a result of poor prenatal care, your OBGYN might be liable, especially if a medical condition should have been identified earlier in the pregnancy. However, if the harm was caused by the staff delivering the baby, there may be other parties that should be included in the claim.
Furthermore, faulty equipment or unsterile conditions might make the hospital liable. Our birth injury lawyer takes on the responsibility of finding who should be named in the suit.
We calculate the total amount of damages you may be able to file a claim for. Factors that impact the value of your settlement include:
- The severity of your baby’s injuries
- Long-term care needs
- Emotional distress
- Lost wages and your future inability to work because of the level of care your child requires
- Projected costs of future medical expenses
If your baby’s birth injury was caused by gross negligence, you may also be able to sue for punitive damages. These cases usually involve egregious wrongdoing, like a doctor performing delivery under the influence or intentionally denying care.
Birth injuries can often lead to physical and mental disabilities. Infants who suffer this tragedy require more healthcare, amounting to significant bills that can easily land your family in debt. Don’t let the pressure of incurring healthcare costs manipulate you into taking a bad settlement. If your child was hurt during birth because of the negligence of a medical professional, call Parker, Pallet, Slezak, & Russell, LLC right away. Our Aberdeen birth injury lawyer will help you get the financial compensation you are entitled to.
Most Common Damages Awarded In A Birth Injury Claim
Each Aberdeen, MD birth injury lawyer at our firm understands that birth injuries can have devastating consequences for the child and their family, leading to significant physical, emotional, and financial hardships. When a birth injury results from medical negligence, families may pursue a legal claim to recover damages. These damages are typically categorized into specific areas to compensate for the losses incurred. Below are some of the most common damages awarded in the birth injury claims the legal team at Parker, Pallet, Slezak & Russell, LLC handles.
Medical Expenses
One of the primary categories of damages in a birth injury claim is compensation for medical expenses. Birth injuries often require extensive medical care, both immediately after the injury and throughout the child’s life. These damages cover costs such as:
- Emergency care during delivery
- Surgeries or other medical interventions
- Hospital stays and specialized treatments
- Ongoing medical care, including physical therapy, occupational therapy, and speech therapy
- Prescription medications and assistive devices, such as wheelchairs or communication aids
Medical expenses may also include the cost of future care, especially for lifelong conditions such as cerebral palsy or brain injuries. Expert testimony is often required to estimate these future costs accurately, ensuring the family has the resources needed for the child’s ongoing care.
Lost Earning Capacity
If the birth injury results in permanent disabilities or developmental delays, the child may be unable to work or earn a living as an adult. Damages for lost earning capacity compensate for the income the child is expected to lose over their lifetime due to the injury.
Calculating lost earning capacity involves assessing factors such as:
- The child’s expected career trajectory had the injury not occurred
- The severity of the disability and its impact on the child’s ability to work
- The family’s socioeconomic background and educational expectations
An Aberdeen birth injury lawyer will often consult with an economist or vocational expert to provide a detailed analysis of these factors, ensuring the compensation reflects the actual economic impact of the injury.
Pain And Suffering
Pain and suffering damages address the physical pain, emotional trauma, and reduced quality of life caused by the birth injury. For the child, this may include chronic pain, loss of independence, and the inability to participate in normal childhood and adult activities. For the parents, it may involve emotional distress from witnessing their child’s suffering and dealing with the challenges of raising a child with special needs.
Pain and suffering damages are more subjective than medical expenses or lost earning capacity. Courts may consider the severity of the injury, the duration of the pain, and the long-term impact on the child and family’s emotional well-being when determining the award.
Life Care Costs
In cases of severe birth injuries, the child may require lifelong care to manage their condition. Lifecare damages cover the costs of services and support that go beyond standard medical treatment, such as:
- In-home caregivers or personal assistants
- Modifications to the family’s home or vehicle to accommodate the child’s disability
- Special education programs or private schooling tailored to the child’s needs
- Costs associated with therapeutic or recreational activities designed to improve the child’s quality of life
These damages ensure that families have the financial means to provide the necessary care and accommodations throughout the child’s life.
Let Us Advocate For Your Family
Birth injury claims aim to provide financial relief for families facing the immense challenges of caring for an injured child. The damages awarded are designed to address the diverse and often lifelong needs resulting from the injury. Working with an experienced Aberdeen birth injury lawyer is crucial to accurately calculate and present these damages, ensuring the family receives the compensation they deserve. Call Parker, Pallet, Slezak & Russell, LLC for a confidential consultation.
How Forceps And Vacuum Extraction Can Cause Birth Injuries
Our compassionate Aberdeen, MD birth injury lawyer knows that assisted delivery methods, such as forceps and vacuum extraction, are sometimes used during challenging labors to help deliver a baby safely. While these tools are effective when used correctly, improper or excessive use can lead to serious birth injuries. If you are interested in filing a claim or want to know how long it may take from start to finish, give us a call. We offer free consultations, so don’t hesitate to contact our office. Below, we outline how these methods may cause harm during delivery.
- Excessive Pressure Can Cause Skull Fractures. Both forceps and vacuum extractors apply pressure to the baby’s head to guide them through the birth canal. If too much pressure is used, it can result in skull fractures. These injuries range from minor cracks to more severe breaks that may require immediate medical attention.
- Improper Use Can Lead to Brain Injuries. When excessive force or improper technique is used, the baby may experience brain injuries due to trauma. Forceps can compress the head, and vacuum extractors may cause internal bleeding. Brain injuries like intracranial hemorrhage can have long-term consequences, including developmental delays or cognitive challenges.
- Facial Nerve Damage May Occur. Forceps are designed to grip the baby’s head firmly, but if they are positioned incorrectly, they may compress or damage facial nerves. This can lead to temporary or permanent conditions, such as facial paralysis or asymmetry. In some cases, surgical intervention may be required to correct the damage.
- Shoulder and Neck Injuries Are Possible. Our Aberdeen birth injury lawyer knows that improper use of forceps or a vacuum extractor can also result in injuries to the baby’s neck and shoulders. Brachial plexus injuries, which affect the nerves connecting the spine to the arm, are common in these scenarios. These injuries may lead to conditions such as Erb’s palsy, which can impact the baby’s arm movement and strength.
- Risks of Scalp and Skin Injuries. Vacuum extractors use suction to assist with delivery, which can create issues such as scalp lacerations or bruising. In severe cases, the suction can lead to a condition called cephalohematoma, where blood collects between the scalp and skull. While some of these injuries heal on their own, others may result in long-term complications.
- Increased Risk of Maternal Injuries. The misuse of these tools doesn’t only pose risks to the baby; mothers can also experience complications. Excessive force during delivery may lead to severe vaginal or perineal tears, uterine rupture, or other injuries that can result in significant recovery time.
What To Do If A Birth Injury Occurs
If you suspect that improper use of forceps or vacuum extraction caused a birth injury, it’s essential to act quickly. Medical records, delivery notes, and expert evaluations can provide the evidence needed to assess what happened.
At Parker, Pallet, Slezak & Russell, LLC, we are committed to helping families seek justice and accountability when birth injuries occur. Contact our Aberdeen birth injury lawyer today to discuss your case, understand the statute of limitations, and explore your legal options. We have been helping clients with their personal injury cases for 50 years and are here to help you. Let’s work together to protect your family’s future.
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"I had an amazing experience with Parker, Pallett, Slezak and Russell. My lawyer was Carmen Slezak she was amazing her and her team worked with me every step of the way. Amazing staff always an amazing atmosphere, friendly, and if you like dogs they have one or two at the office. I'm so thankful and greatful to have met the staff and feel almost like family. Thank you again Parker, Pallett, Slezak & Russell law office."
G Amato
Parker, Pallett, Slezak & Russell, LLC
11450 Pulaski Hwy
White Marsh, MD 21162
Toll free: (410) 779-3590