Throughout your pregnancy, you dream of raising your child: visions of playgrounds, school plays, and family holidays fill your head. Those dreams could turn into a nightmare if your child is born with a life-threatening or life-altering congenital disability. Your future is now a promise of expensive medical costs, occupational or physical therapy, special education expenses, and watching your child cope with disabilities. If your child’s developmental disorder is the direct result of your doctor’s negligent conduct, the nightmare is somehow worse.
If your child is suffering from developmental abnormalities that were either undiagnosed and left untreated or directly caused by your doctor’s negligent conduct, contact our Maryland attorneys for infant developmental abnormalities. The experienced attorneys at Rice, Murtha & Psoras will represent you and your child’s interests with compassion and care, fighting to get justice and compensation for the wrongs your child suffered. Call (410) 694-7291 to schedule a free case consultation with our attorneys.
Medical Malpractice and Infant Developmental Disorder Cases in Maryland
A congenital disorder or developmental birth abnormality is a condition existing at birth. These disorders can result in physical or intellectual developmental disabilities. The causes of developmental birth abnormalities range from genetic disorders, side-effects of prescription medication, and untreated infections, to the behavior of the expectant mother or injuries caused by a doctor during delivery.
While the majority of congenital disorders are the result of genetic or chromosomal abnormalities, there are instances where your doctor’s negligent conduct could affect the health and well being of your child. For example, if your doctor does not conduct the proper prenatal tests, both you and your physician may be unaware of an existing abnormality. Additionally, if your doctor fails to warn you about the adverse side-effects of medication you are taking during pregnancy or question you about what medication you are currently taking, that conduct may constitute medical malpractice.
You trust your doctor to professionally guide you through your pregnancy. If complications arise that are misdiagnosed or left untreated, your developing child may suffer a developmental abnormality. For example, failing to monitor gestational diabetes or not treating an infection could harm your child and result in a disability.
Traumatic brain injuries can also happen during childbirth, either from complications with the delivery or because of medical errors committed by your doctor or medical team. For instance, if your doctor failed to notice a significant drop in your baby’s heart rate or injured your infant’s head during a difficult delivery, your child could experience harm leading to developmental or intellectual disabilities.
At times, a misdiagnosis may constitute medical malpractice. For instance, some developmental disabilities should be diagnosed early in the pregnancy. Had the parents been aware of the severity of a congenital disorder, they may have elected to terminate the pregnancy. Additionally, birth injuries and health conditions that are not immediately diagnosed after delivery could get worse as the baby develops, making these conditions and disabilities worse.
Suing in Maryland for Developmental Disorders Caused by Prescription Medication Mistakes
In some instances, developmental birth abnormalities are linked to medication you are taking. Several prescription medications such as lithium, tetracycline, Accutane, and warfarin have side-effects that could be harmful to your developing child. If your doctor prescribed medication without providing adequate warnings or without checking to see if you were pregnant, you might have a medical malpractice claim. Additionally, it is also possible that the manufacturer of the medication may be liable for any harm you or your child suffered if their product did not include proper warnings for pregnant mothers. Consult with our knowledgeable Maryland medical malpractice attorneys if you believe you or your child suffered an injury from negligence involving prescription medication.
Wrongful Birth Cases in Maryland
The decision to terminate a pregnancy is never an easy one. However, if your child will be severely developmentally impaired or will be born with a congenital disability that offers a low quality of life, the emotional and economic hardship associated with it may require you to make that difficult decision.
Maryland is one of 26 states to recognize an action for “wrongful birth.” If your doctor failed to warn you of your child’s condition or failed to inform you of some genetic issue you risk passing on, you might have allowed a pregnancy to continue that you would have otherwise ended or avoided. Wrongful birth claims can help alleviate these medical mistakes.
Medical malpractice claims for wrongful birth can arise out of several situations. Before conceiving, your doctor may not have tested you for potential genetic disorders or may have failed to properly convey the risk of passing on genetic issues to your children. Given a proper understanding of the risks, you may have avoided pregnancy. Similarly, if your doctor failed to test for physical or mental disorders in the early stages of your pregnancy by performing an amniocentesis or another test, you may have a wrongful birth claim. You may also have a claim if your doctor unreasonably misdiagnosed a potential condition in your baby.
Some of the damages associated with a wrongful birth action include the cost of raising a child with a specific disorder, including medical expenses, occupational or physical therapy, special education costs, or specialized medical equipment. You and your partner may also be able to recover compensation for emotional distress arising out of the birth and raising of your child.
Call Our Maryland Attorney for Infant Developmental Abnormalities for a Free Consultation
If your child is suffering from developmental abnormalities that were either undiagnosed or caused by the negligent conduct of your physician or another health professional, contact our Maryland attorney for infant developmental abnormalities. The experienced attorneys at Rice, Murtha & Psoras will represent you and your child’s interests with compassion and care. Call (410) 694-7291 to schedule a free consultation on your potential case.