Birth Injuries At Baltimore Area Hospitals: When Is A Hospital Legally Responsible?

The birth of a child should be one of the most joyful moments a family experiences. When something goes wrong in the delivery room, the aftermath can be overwhelming. Parents are left with questions, fear, and in some cases, a child who faces serious and lasting health challenges. If that outcome was the result of a preventable medical error, the hospital and the healthcare providers involved may bear legal responsibility for what happened.

How Birth Injuries Happen and When Negligence May Be Involved

Not every difficult birth is the result of negligence. Some complications arise that no level of care could have prevented. But many birth injuries are directly tied to failures in medical judgment or technique during labor and delivery. Understanding the difference matters enormously when it comes to determining whether a legal claim may exist.

Medical professionals caring for a mother and child during delivery are expected to meet a recognized standard of care. When they fall short of that standard and a child is harmed as a result, the law may hold them accountable. Some of the more common situations where negligence plays a role include failure to adequately monitor fetal heart rate during labor, delays in performing a necessary cesarean section, improper use of forceps or vacuum extraction devices, failure to identify and respond to complications like umbilical cord compression or placental abruption, and errors in administering anesthesia or medication.

The injuries that can result from these types of failures vary widely in severity. Some of the conditions seen most often in birth injury cases include:

• Cerebral palsy, which can affect movement and muscle control for a child’s entire life
• Hypoxic-ischemic encephalopathy, a form of brain damage caused by oxygen deprivation during delivery
• Erb’s palsy and other brachial plexus injuries affecting nerve function in the arm
• Shoulder dystocia complications arising from improper management during delivery
• Skull fractures or other physical trauma from excessive force
• Maternal hemorrhage resulting from failure to monitor or control blood loss

The presence of any of these outcomes does not automatically mean negligence occurred, but each is worth a thorough and careful evaluation.

When a Hospital, Not Just a Doctor, May Bear Responsibility

Many families assume that a birth injury claim is directed solely at the delivering physician. In reality, hospitals can also face legal liability in these situations. A hospital may be responsible when a birth injury results from inadequate staffing in the labor and delivery unit, insufficient training or supervision of nursing staff, faulty equipment, or systemic failures in protocols and procedures.

Hospitals can also be held responsible for the conduct of employees who were acting within the scope of their duties at the time of the injury. The specific legal theories available depend heavily on the facts of each individual case, including how the injury occurred and who was involved in the care.

Deadlines That Families Need to Know

Maryland law imposes specific time limits on medical malpractice claims, including those involving birth injuries. Under Md. Code Ann., Cts. & Jud. Proc. § 5-109, the general rule for medical malpractice claims is that a lawsuit must be filed within the earlier of five years from the date of the injury or three years from the date the injury was discovered or reasonably should have been discovered.

For claims brought on behalf of the injured child, Maryland recognizes an important exception for minors. Because the child cannot pursue a claim independently, the statute of limitations for the child’s own claim generally does not begin to run until the child turns 18, giving them until their 21st birthday to file. Parents may have separate claims with different deadlines, which is one of several reasons why speaking with an attorney as early as possible is important.

It is also worth knowing that Maryland generally requires medical malpractice claims to go through the Health Care Alternative Dispute Resolution Office before a lawsuit can be filed in circuit court. This procedural step adds an additional layer to the process that families need to be aware of from the start.

Take the First Step Toward Understanding Your Options

When a child is born with an injury that may have been preventable, families deserve honest answers and knowledgeable guidance. Our Baltimore medical malpractice attorneys at Iamele & Iamele, LLP are ready to help families evaluate what happened, understand the legal standards that apply, and explore whether a claim may be available. We encourage you to contact us today to schedule a confidential consultation.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-109