In the high-stakes world of medical care, few sectors are as emotionally charged as birth injuries. Before making any decision, medical professionals must consider the potential for life-altering outcomes, and therefore, every mistake presents the possibility of legal consequences. It is no wonder some practitioners find themselves drawn to the other side to fight for patients’ rights and safety.
After an Illinois hospital discharged a patient too soon, they suffered from pulmonary embolism, leading to their death.
WVFK&N is proud to share that our Chicago team has recently secured a $250,000 settlement for the family of an Illinois patient, whose premature discharge led to a pulmonary embolism – and eventually death.
A pulmonary embolism is a blood clot that stops the flow of blood to an artery in the lungs. Pulmonary embolism can be life threatening, but it is preventable if the right signs and symptoms are looked out for.
WVFK&N Partner John LaMantia, and Associate Attorney Soobin Lee, are proud to have secured the $250,000 settlement for our anonymous client. The settlement will help the victim’s family to mitigate the lost earning caused by the wrongful and preventable death of their family member.
If you suspect medical malpractice or negligence could have led to a wrongful death or injury, reach out to the Malpractice Team at WVFK&N for a comprehensive complimentary case consultation.
WVFK&N is proud to share that we have successfully secured a $600,000 settlement for an Illinois plaintiff, after a podiatrist negligently performed various unnecessary surgeries. The surgeries were a violation of the establish standard of care, and caused further injury to the plaintiff, including complex regional pain syndrome.
Complex regional pain syndrome (CRPS) is a form of chronic pain that affects an injured (or recently operated on) limb. The pain is consistent or throbbing, and is disproportionate to the expected amount of pain from the injury or surgery. Poorly managed or unnecessary surgeries increase the risk of CRPS.
Aside from pain, symptoms include changes in the limb’s temperature, discoloration, atrophy, muscle spasms, and swelling. CRPS can significantly impact daily life, and can make it difficult or impossible for the afflicted to complete day-to-day tasks. Some of the changes, including muscle atrophy and discoloration, are irreversible once they occur. Treatment is most successful with early intervention, but the typically is only able to manage symptoms, and not cure CRPS.
WVFK&N Partner John LaMantia, and Associate Attorney Soobin Lee, are proud to have secured the $600,000 settlement for our anonymous client. The settlement will enable the client to seek the best possible therapeutic treatment, and to mitigate the lost earnings as a result of medical negligence.
If you think a medical provider could have caused your CRPS, or performed an unnecessary surgery that negatively impacted your life, reach out to the Malpractice Team at WVFK&N for a comprehensive complimentary case consultation.
It used to be believed that the only cause of autism spectrum disorder (ASD) was genetics. However, recent studies are exploring the potential link between autism and birth injuries, particularly those arising from medical malpractice during delivery. Certain birth complications, including hypoxic ischemic encephalopathy, have been associated with an increased risk of developing autism later in life.
Autism can likely have multiple causes. A comprehensive analysis, published by the National Library of Medicine concluded that while they cannot prove that any 1 perinatal or neonatal factor is the main cause of autism diagnosis, there is evidence that suggests that “exposure to a broad class of conditions reflecting general compromises to perinatal and neonatal health may increase the risk [of developing autism].” Complications such as birth asphyxia and preeclampsia, both of which can be caused by medical malpractice, were highlighted as significant risk factors.
When we talk about birth injuries, we refer to any physical harm sustained by a newborn during the process of labor and delivery. These injuries can result from various factors, including:
Such injuries also can lead to conditions like cerebral palsy, brachial plexus injuries, and as recent studies suggest, an increased risk of ASD.
While there is no cure for autism spectrum disorder, intensive, early treatment can make a big difference in the lives of many children. Identifying whether there is a link between a birth injury and ASD diagnosis can be overwhelming and having an expert legal team on your side can play a large role in getting the support you need.
This article was created in partnership with Fox45 News.
WVFK&N is proud to announce that The National Trial Lawyers have recognized Cheryl Solomine as a Top 100 Lawyer.
The Top 100 distinction is bestowed upon a select group of attorneys who exhibit superior qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense and/or civil plaintiff law.
We’re proud to have another attorney at the firm recognized on this list. These recognitions are a testament not just to our case results, but to the care and dedication our attorneys show to our clients.
The National Trial Lawyers is an invitation-based organization dedicated to recognizing and promoting excellence in the legal profession. Comprising the top 100 trial lawyers in each state, the organization provides a platform for networking, knowledge-sharing, and professional development within the legal community. For more information, visit thenationaltriallawyers.org
As a parent, when you welcome a new baby into the world, you hope for a healthy start. However, some parents face medical challenges that can have dramatic impacts on their newborn’s health. These challenges are often categorized as either congenital birth defects or birth injuries. While both can be serious, they differ significantly in their causes, timing, and potential legal implications. Understanding these differences, including common birth injury causes, can help parents make informed decisions about their child’s care, especially if medical malpractice is suspected.
Congenital birth defects are medical conditions that develop during pregnancy and are present at birth. They result from genetic, environmental, or maternal health factors and are not typically linked to delivery complications or preventable causes.
Congenital birth defects are usually diagnosed before or shortly after birth using imaging, genetic testing, or other screenings. Treatments focus on symptom management and quality-of-life improvements. Unlike birth injuries, congenital defects are not linked to medical malpractice.
Birth injuries occur during labor or delivery, often due to complications or preventable factors. Unlike congenital defects, they may result from medical errors or substandard care during delivery, making them potential grounds for medical malpractice claims.
Birth injuries are often diagnosed immediately after delivery or during early childhood. Treatments can include therapies, surgeries, and long-term care. Because many injuries are preventable, legal action may be appropriate if medical malpractice is suspected.
If you believe your child’s birth injury could have been prevented, consulting an attorney experienced in medical malpractice and birth injury causes can help. An attorney can investigate the circumstances of the delivery, determine if the standard of care was met, and advise on the next steps for pursuing compensation.
Understanding the differences between birth injury causes and congenital birth defects can help parents navigate their child’s medical care and legal options. If you have questions about a potential birth injury or suspect medical malpractice, contact our office for a free consultation. Our experienced attorneys are here to provide guidance and support every step of the way.
Welcoming a child into the world ought to be a joyous time. The anticipation of meeting milestones and envisioning the little one’s future fills your head. What happens when the time that is supposed to be filled with excitement turns into a parent’s worst fear? Chris Norman, Partner at WVFK&N, helps explain the legal process and your options following a birth injury due to malpractice.
The first ten days following a birth injury can bring an array of emotions. It can be a traumatic and trying time as you navigate the best next steps. The most important thing is to focus on your child, make sure they’re being taken care of, and take the time to bond with them. Once you have a moment and can take a breath to process a traumatic birth, it is best to reach out to a lawyer. A lawyer will assist in gathering medical records and discuss your options with you.
One if the largest indicators of a possible birth injury is a prolonged discharge. Most babies are discharged within one to two days. For babies who experienced trauma during birth are taken to a unit called the NICU which stands for Neonatal Intensive Care Unit. A good first question to ask yourself when assessing is “did my child need some special care following birth?”.
When searching for a legal representation, contacting a lawyer who is experienced and familiar with these types of cases and laws surrounding it is imperative. Once you secure legal representation, your lawyer can begin collecting all medical records on your behalf, but you are able to do this yourself by contacting the medical records department. They are obliged to provide them for you or your attorney.
This article was created in partnership with Fox45 News.
Watching your child grow and meet milestones is an event all parents look forward to. From sitting unassisted, all the way to taking their first steps. These milestones are more than just emotional moments, they are developmental markers. Injuries at birth due to malpractice can present themselves during the milestone markers. Taking note of your child’s patterns, physical movements, and cognitive ability can help you determine if your child has possibly experienced an injury during birth.
This condition is caused by the deprivation of oxygen and blood to the brain during birth. The longer the brain goes without oxygen and blood, the greater the potential for long-term damage and disability. HIE affects between one and two babies per 1,000 born annually. According to The National Library of Medicine, 15%–20% of affected newborns will die in the postnatal period, and an additional 25% will develop severe and permanent neuropsychological issues, including developmental delays, visual motor or visual perceptive dysfunction, increased hyperactivity, cerebral palsy, and epilepsy.
Symptoms of HIE will vary based on the severity of the underlying brain damage but there are a few that are common across all levels:
This article was created in partnership with Fox45 News.
Birth injuries can be life-altering for both the child and their family. When these injuries occur due to medical negligence, parents may consider filing a medical malpractice lawsuit to seek compensation for the harm caused. However, birth injury malpractice cases are complex, and not every poor medical outcome creates a basis for a lawsuit.
To file a medical malpractice case related to a birth injury that caused irregular symptoms following birth, certain legal criteria must be met. Understanding these criteria can help parents decide whether they have a viable claim and whether to pursue legal action.
1. Did a doctor-patient relationship exist?
Before a medical malpractice case can proceed, there must be proof that a formal doctor-patient relationship existed between the medical provider and the patient (in this case, the mother or the child). This relationship establishes that the healthcare provider had a duty of care to both the mother and the baby during pregnancy, labor, and delivery.
This criterion is generally easy to satisfy, as it applies when a physician, nurse, or other healthcare provider agrees to provide medical care to the mother and child. This relationship creates a legal obligation for the provider to follow accepted standards of care.
2. Was there a breach of the standard of care?
The next important element in a birth injury malpractice case is proving that the healthcare provider breached the “standard of care,” which refers to the level of skill and awareness that a reasonably competent healthcare provider would have exhibited under similar circumstances. Essentially, this means that the provider failed to act as a competent medical professional would have in a similar situation.
Parents must demonstrate that the doctor or medical team made mistakes or failed to take appropriate action that a reasonable healthcare provider would have taken to prevent the injury. For example, if the provider failed to monitor fetal distress during labor, used excessive force during delivery, or misused equipment during the birthing process, a breach of the standard of care probably occurred.
3. Can causation of the birth injury be established?
In addition to showing that the standard of care was breached, it must be proven that this breach directly caused the child’s birth injury. This is known as “causation” and can be one of the most difficult elements to prove in a medical malpractice case.
To do so successfully, parents and their lawyer must establish that the child’s injury would not have occurred if the healthcare provider had acted according to the appropriate standard of care. Medical records, expert testimony from medical specialists, and other forms of evidence are often required to show that the provider’s actions (or lack of action) directly led to the injury.
For example, if a doctor failed to perform a necessary C-section in time, and this delay led to oxygen deprivation that caused cerebral palsy, the failure to act could be considered the direct cause of the injury.
4. Were there significant damages associated with the birth injury?
To pursue a birth injury medical malpractice claim, parents must show that the injury caused damages, including but not limited to:
Without substantial damages, even if medical negligence occurred, the case may not be financially viable. However, the costs of many birth injuries add up quickly, and their consequences are often lifelong.
5. Were there immediate effects on the child?
One of the biggest red flags indicating a birth injury is if a child isn’t released within a couple of days of birth. Babies are usually admitted to the neonatal intensive care unit if the delivery was difficult or if physical defects are immediately noticed by the medical team. Keep in mind that a difficult or premature birth doesn’t guarantee that there was any medical malpractice involved, but it is a hint that something went wrong and may need to be evaluated by a legal professional.
6. Are you eligible to file within the statute of limitations?
In Maryland, the statute of limitations for filing a medical malpractice claim, including birth injuries, is five years from the date the injury occurred. Under the discovery rule, the deadline may also be three years from when the injury was discovered. The shorter of the two timeframes is the one that is honored.
Many states, including Maryland, also provide exceptions for minors, allowing a longer period for filing a claim. This can extend the deadline until the child reaches a certain age, often 18 years old, plus an additional period (usually three years after reaching adulthood). The attorneys at Wais, Vogelstein, Forman, Koch & Norman in Baltimore recommend calling a lawyer even if you think it’s too late to file a claim because it often isn’t.
With that in mind, sooner is always better. Parents should consult a medical malpractice attorney expeditiously to ensure they file within the legal time limits.
Taking the next step with a birth injury attorney
If parents suspect their child’s birth injury was caused by medical negligence, consulting an experienced birth injury lawyer is essential. A qualified lawyer can help determine whether the case meets the legal criteria for medical malpractice and guide families through the complex process of seeking compensation for their child’s injury. Birth injuries can have far-reaching consequences, and holding responsible parties accountable may help ensure the resources needed for the child’s care and development are secured.
This article was created in partnership with Fox45 News.