Birth Injury

Many medical malpractice lawyers do not take on birth injury cases because of the complexities. At the Kopec Law Firm, Baltimore birth injury lawyer Mark Kopec has been helping families with birth injury cases for many years.

Birth injury claims are among the most complex of medical malpractice cases. They often require more independent expert doctors to prove than other cases and involve detailed analysis of technical medical records.

Cerebral Palsy

Cerebral palsy is one of the most devastating medical malpractice injuries. It can damage the brain and affect the child’s ability to control muscles. In severe instances, the child may never walk and cannot functionally use the arms. The child also may not be able to speak. The child may need assistance with every activity of daily living.

Cerebral palsy can result from birth injury malpractice when the medical staff mismanages the prenatal and birth process. Two categories of mismanagement are failing to deliver urgently when the baby is in distress and failure to prolong the pregnancy when the baby is premature.

Baby in Distress Requires Urgent Delivery – Baltimore Birth Injury Lawyer Mark Kopec

Mismanagement of Baby’s Heart Rate

The medical staff must confirm that the baby’s heart rate remains strong throughout the labor and delivery. A strong heart rate ensures that blood from the umbilical cord is circulated with oxygen throughout the baby’s body, especially to essential organs like the brain.

Fetal heart rate monitoring can reveal problems with the baby’s heart rate. Decelerations are when the heart rate decreases from the baseline heartbeat. These often occur after contractions. If the baby is strong, the heart rate will usually return to normal after a contraction. However, especially in prolonged labor, a baby can tire of the contractions and run out of energy. In this instance, the heart rate may not return to normal. The lower heart rate can result in prolonged reduced oxygen to the brain and permanent injury.

Umbilical Cord Compression

Birth injury malpractice can also occur with umbilical cord compression. If the umbilical cord gets compressed during labor, blood and oxygen flow to the baby can be constricted. Imagine stepping on a garden hose so the water cannot pass through. A similar thing can happen if the baby’s body or the mom’s anatomy presses down on the cord.

If this compression is momentary, there may be no lasting harm. However, if it is continuous, the baby can be deprived of oxygen for a prolonged period, resulting in brain damage or even death.

Premature Baby Needs Labor Extended – Baltimore Birth Injury Lawyer Mark Kopec

When labor starts well before the due date, the medical staff may mismanage the prenatal process. A baby born prematurely is not fully developed and is at risk for severe health conditions, including cerebral palsy. Fortunately, there are steps the medical staff can take to prolong the pregnancy until the due date.

Incompetent Cervix

An incompetent cervix can lead to birth injury malpractice. An incompetent cervix occurs when weakness in the tissue causes the cervix to open too soon in the pregnancy, which can result in a premature birth. This situation may happen at some point during the pregnancy. In addition, if there is a history of incompetent cervix in prior pregnancies, the medical staff should address this at the beginning of the subsequent pregnancy.

The medical staff can take steps to strengthen the cervix. A cerclage places stitches in the cervix to help it maintain the proper position during the pregnancy. Medicine can also assist. Moreover, ultrasounds can monitor the cervix to ensure the appropriate condition.

Premature Labor

The medical staff must try to stop pre-term labor to avoid a premature birth. Tocolytic medicine can avert a premature birth. Once stopped, reduced activity and bed rest may be required to prevent recurrence.

In addition, infections can cause pre-term labor. Treatment with antibiotics can terminate it and heal the condition.

NICU

In the above instances, mismanagement can result in birth injury malpractice, and the baby can be severely injured, needing to go to the NICU – the neonatal intensive care unit.

When the birth process causes reduced oxygen to the baby, the diagnosis is often HIE: Hypoxic Ischemic Encephalopathy. The doctors may not diagnose cerebral palsy until the baby develops in the first or second year of life.

There are other ways the medical staff can mismanage labor and delivery, injuring the baby. Below are additional links to different types of birth injury claims, including Erb’s Palsy. Please also check the Baltimore Medical Malpractice Lawyer Blog on this website for regular updates on Maryland legal cases involving medical malpractice.

You can read Blog posts on reported birth injury verdicts, such as:

• Pitocin Misuse $951M
• Prolonged Labor $48 Million
• Fetal Decelerations $29M
• Preeclampsia Stillbirth $25M
• Delayed C-section $18M
• Placenta Percreta $17M

Frequently Asked Questions (FAQs) With Baltimore Birth Injury Lawyer Mark Kopec

What Questions Should I Ask My Child’s Pediatric Neurologist?

When visiting a pediatric neurologist, you are seeking both a medical diagnosis and, potentially, an understanding of whether your child’s condition was preventable. Preparation is key to getting the most out of this consultation.

Here is a checklist of questions and a list of information you should bring to help the neurologist assess the potential connection between a birth injury and developmental delay.

1. Questions About Diagnosis and Cause

• What is the specific nature of my child’s brain injury? (e.g., Is it HIE, a stroke, or a physical trauma like a hemorrhage?)
• Based on the type and location of the brain damage, when did this injury likely occur? (Was it during the third trimester, during labor, or in the neonatal period?)
• Could this injury have been caused by a period of oxygen deprivation (asphyxia)?
• Are there signs of “mechanical trauma” from birthing tools like forceps or vacuum extractors?
• Does the imaging (MRI/CT) show acute damage (recent) or chronic damage (older)?

2. Questions About Birth and Medical Records

• Does my child’s low Apgar score correlate with the neurological issues you are seeing now?
• Do the medical records from the birth indicate fetal distress or an abnormal heart rate that wasn’t addressed?
• If my child had neonatal jaundice or low blood sugar (hypoglycemia), could that have contributed to this delay?
• In your opinion, is this condition a “birth disability” (congenital/genetic) or a “birth injury” (acquired during birth)?

3. Questions About Future Care

• What is the long-term prognosis for my child’s motor and cognitive development?
• What specific therapies (Physical, Occupational, Speech) do you recommend to maximize their potential?
• Will my child require specialized medical equipment or lifelong home care?
• Can you refer me to a neuropsychologist for a more detailed baseline assessment of my child’s learning abilities?

What to Bring to the Appointment

To help the neurologist piece together the timeline of the injury, try to have the following ready:

• A “Milestone Journal”: A list of when your child hit (or missed) key milestones like rolling over, sitting up, or babbling.
• Pregnancy/Birth Summary: Note any complications like preeclampsia, infections, or if the baby required resuscitation or a NICU stay.
• Imaging & Test Results: Bring copies (or digital access) of any MRIs, CT scans, EEGs, or blood tests already performed.
• Video Evidence: Brief clips on your phone of any unusual movements, “floppiness,” stiffness, or seizure-like activity you’ve noticed at home.

Next Step: Contact Baltimore Birth Injury Lawyer Mark Kopec

If your baby had a prolonged stay in the NICU after birth, visit the free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore birth injury lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C.