Birth Injuries: Should I Have My Child’s Case Investigated?

By Peter DePaolis

Did you know that medical malpractice and/or the failure of a healthcare provider to act in a timely fashion during childbirth could have disastrous consequences?

Common medical mistakes during child delivery include:

  • Failure to respond appropriately to bleeding
  • Failure to respond to fetal distress
  • Failure to anticipate birth complications
  • Misuse of forceps
  • Delay in performing a necessary cesarean section

Aside from death, errors made during childbirth can cause birth trauma. Birth injuries resulting from healthcare provider negligence can include deformities, brain damage, cerebral palsy, erb’s palsy and shoulder dystocia.

When these injuries or a death occurs, it may be a good idea for the family of a victim to obtain legal counsel. An attorney can investigate your case and determine if your family is entitled to damages, which can be used to pay for items like physical therapy, which can be costly for birth injury victims.

Additionally, if your child died, while no amount of money will ever bring him or her back, you may be able to pursue a wrongful death lawsuit.

Maryland Family Files Birth Injury Lawsuit

An example of birth injury litigation publicized recently in Maryland involves a couple that has filed a lawsuit against Three Lower Counties Community Services, Inc. and Dr. Kelli Lutrell, M.D.

Reports indicate that the couple filed the lawsuit after complications occurred during the January 23, 2013 birth of their child. There was reportedly severe vaginal bleeding, a rupture of the amniotic sac and poor variability on fetal heart monitor tracings during the delivery process.

Despite these issues, Dr. Lutrell allegedly failed to order a cesarean section delivery. The child allegedly ended up suffering prolonged hypoxia, dying shortly after birth.

The family is allegedly seeking damages in excess of $1 million.

Seeking Counsel Following a Traumatic Birth

As we mentioned above, if you experience complications during the birth of your child, it may be in your best interest to speak to an attorney. Remember, our firm is committed to getting the damages they deserve when a child is injured or killed by a healthcare provider’s negligence.

Visit our Facebook and Twitter pages for more information.

Koonz McKenney Johnson & DePaolis LLP

Maryland, Washington, D.C. and Virginia Injury Attorneys

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.