It is natural for newborns to sleep for an extended period of time shortly after birth. However, as time passes, a parent should be concerned if their child continues to sleep for the majority of the day. In fact, a lack of consciousness or lethargy may be a sign that a newborn was injured at birth. If your child continually appears sluggish due to a birth injury, you should consult with an experienced Maryland attorney for infant lack of consciousness or lethargy.
At Bennett & Heyman, our firm is prepared to offer victims of medical malpractice the unique legal representation they deserve to seek compensation for their injuries. We understand how a severe birth injury can affect a child for the rest of their life, and we are here for you. To schedule your free legal consultation to speak about the details of your case, contact the Bennett & Heyman at (410) 305-9287. You may also contact the firm by using our online submission form.
Birth Injury that May Cause Infant Lack of Consciousness or Lethargy in Maryland
A healthy newborn child will typically sleep up to 18 hours a day shortly after being born. However, a parent may have reason to worry if they notice that their child is regularly sleeping for 18 hours for weeks or months after birth.
If you notice that your newborn is having difficulty remaining conscious, this may indicate that they have developed cerebral palsy. Cerebral palsy is a medical condition that affects the nerves of the brain responsible for control over motor skills and movement. As a result, a child may have little control over specific muscles.
Cerebral palsy is typically caused due to a loss of oxygen or a newborn sustaining physical trauma during birth. The loss of oxygen may occur under a wide range of circumstances. For example, if a child remains in the birth canal for an extended period of time, this can lead to suffocation that can cause brain damage and cerebral palsy.
Alternatively, cerebral palsy may also develop if a newborn suffers trauma to their brain. For instance, if a doctor misuses forceps when trying to deliver a child, this could easily bruise the fragile skull of the child.
To learn more about filing a medical malpractice lawsuit against a doctor that caused your child’s injuries, you should continue reading and speak with an experienced Maryland medical malpractice attorney as soon as possible.
Liability for Infant Lack of Consciousness or Lethargy in Maryland
Depending on the circumstances of your birth injury case, there could be multiple parties that can be held liable if your child is showing signs of lethargy after a birth injury. As a result, you can file a lawsuit against all parties that are responsible for causing your child to suffer a birth injury.
A doctor responsible for an expectant mother’s pregnancy can be held liable for medical malpractice. Doctors are obligated to uphold a certain standard of care that is common among their particular field. Failure to uphold this standard of care could make a doctor liable for causing a child to suffer a birth injury.
It is important to note that a victim must first prove a doctor-patient relationship before they can pursue a medical malpractice lawsuit. A plaintiff cannot rely on casual medical advice as a basis for a medical malpractice claim. Records of treatment from a doctor may suffice to prove a doctor-patient relationship.
A hospital that employs a doctor could also be held liable for a doctor’s actions due to the doctrine of respondeat superior. This doctrine states that an employer may be held vicariously liable for the negligent actions of an employee if they occur within the scope of employment. For example, if a doctor causes a child to suffer experience severe lethargy due to a medical mistake, this negligent act could be imputed to an employer.
To avoid the possibility of being responsible for the actions of a doctor or medical practitioner, a hospital may choose to hire employees as independent contractors. Independent contractors are different from full-fledged employees because an employer does not have complete control over the actions of an independent contractor. This means that independent contractors have more freedom when it comes to treating patients, which could help avoid vicarious liability.
Note, however, that hospitals typically hire the majority of staff as full-fledged employees.
If you are uncertain about the parties that could be held liable for your medical malpractice claim, you should speak with an experienced attorney as soon as possible. The legal team at Bennett & Heyman is prepared to help you build your case against a negligent medical practitioner.
Work with Our Experienced Maryland Lawyer for Infant Lack of Consciousness or Lethargy
If your newborn was a victim of a birth injury, you should speak with an experienced Maryland lawyer for infant lack of consciousness or lethargy. The legal team at Bennett & Heyman has years of experience litigating birth injury lawsuits, and we would like to work with you concerning your potential case. You do not have to fight your case alone, contact Bennett & Heyman at (410) 305-9287 to schedule your free legal consultation. You can also schedule a consultation online.