Hearing your newborn child struggle to breathe is a serious cause for concern. When a newborn has difficulty breathing, this could cause a number of health issues as the child may not be getting the oxygen they need. In some cases, if an infant struggles to breathe, it could mean that they suffered an injury at birth. If your child has issues with breathing due to a birth injury, you should consult with an experienced Maryland birth injury attorney for infant difficulty breathing.
The Law Offices of Randolph Rice has worked on a number of complex birth injury cases, and we would welcome the opportunity to represent you. Our firm recognizes the many burdens associated with dealing with a severe birth injury, and we are here to aid you in your time of need. To schedule a free legal consultation to discuss your claim, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact our firm online.
Birth Injuries that Cause Infant Difficulty Breathing in Maryland
A child that is struggling to breathe may have many future medical issues if the problem is not treated as soon as possible. As an infant cannot explain the sensation they feel while breathlessness, it is vital for a medical practitioner to diagnose the issue. The following is a list of birth injuries that may cause a child to experience difficulty breathing.
Group B Strep
Group B strep is a bacterial infection that can be spread to a newborn if it is not treated. It is the obligation of a doctor to ensure a mother receives treatment for any infections that could harm her baby. If a doctor fails to diagnose and treat an infection, and it passes to a newborn, they could be held liable for medical malpractice.
There are other types of infections that can be spread to a child. These infections can negatively affect an infant’s respiratory system, which could cause the infant to experience difficulty breathing.
Hypoxic Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy is a medical condition that occurs when a child is deprived of oxygen for a prolonged period of time. The lack of oxygen can cause a number of health issues in the future, which could explain why a child may have issues breathing even while performing basic tasks.
There are many other medical conditions that can be linked to issues with breathlessness for an infant. To learn more about liability for your child’s injuries, you should continue reading and speak with our experienced Maryland birth injury lawyer.
Maryland Liability Laws for Infant Difficulty Breathing Birth Injuries
The Law Offices of Randolph Rice can help you determine the appropriate parties to sue if your child was a victim of a birth injury. Recognizing the liable parties is important when naming defendants in a medical malpractice lawsuit to recover damages.
Depending on the details of your birth injury case, there may be multiple parties that are liable for your child’s injuries. One likely defendant would be the doctor that oversaw the pregnancy when the birth injury occurred. A doctor is required to uphold the standard of care that is common within their particular field. When a doctor fails to accomplish this task, they could be held liable for malpractice.
Note, however, that every injury or medical issue may not rise to the level of medical malpractice. If an infant suffered a mild injury that would heal or an injury that could not be avoided, a plaintiff may have a difficult time proving their case. However, an injury that causes an infant to have difficulty breathing would likely be considered more than a mild injury. Our firm can help you build your claim against a doctor that caused a birth injury. Nurses that were directed by a doctor could also be held liable if they caused an infant to sustain an injury.
Additionally, the hospital that employs a doctor could also be liable if the doctor committed a negligent act. Specifically, the doctrine of respondeat superior deals with employer liability for employee actions. If an employee commits a negligent act while advancing the interests of their employer, the doctrine of respondeat superior will allow the victim to hold the employer vicariously liable. For example, if a doctor uses excessive force and injures a newborn when utilizing a birth-assisting instrument, the doctor’s actions could be attributed to the hospital that employs them.
It is important to note that some hospitals may try to escape vicarious liability by hiring doctors and some other medical staff as independent contractors. As an independent contractor, an employee would have more freedom over how to approach the treatment of patients. As a result, the hospital can allege that they do not have control over all of the employee’s actions.
If you are concerned about who can be held liable in your birth injury case, you should speak with an attorney as soon as possible.
Consult with Our Skilled Maryland Lawyer for Infant Difficulty Breathing Caused by Birth Injury
Our experienced Maryland birth injury attorney at the Law Offices of Randolph Rice is prepared to work with you if your child was a victim of a severe injury during delivery. Medical malpractice lawyer Randolph Rice has over 20 years of experience, and he would be honored to use his knowledge to provide you with unique legal representation tailored to your needs. To schedule a free legal consultation to discuss your potential malpractice lawsuit, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also schedule an appointment using our online submission form.