Learning that your newborn suffered a skull fracture during birth can be a frightening discovery for a parent. This discovery can be even more difficult when you learn that your doctor’s negligence caused the injury that could have been avoided. Under these circumstances, it is important for a parent to hold a doctor legally accountable for their negligence. If your child sustained a skull fracture due to medical malpractice, you should consult with an experienced Maryland attorney for infant skull fractures caused by birth injury.
At Bennett & Heyman, we are dedicated to fighting for newborns that were victims of medical malpractice. Our experienced medical malpractice attorneys possess a broad range of experience litigating complex birth injury cases, and we are here to represent you and your child. To schedule a free legal consultation to discuss your Maryland infant skull fracture birth injury claim, contact Bennett & Heyman at (410) 429-7856. You may also contact us online.
Common Causes of Infant Skull Fractures
An infant skull fracture is a severe injury that could lead to a number of medical issues for an infant. For example, an infant that suffers a skull fracture could develop cerebral palsy or other serious conditions. That is why it is important to understand the causes of your child’s injuries to pursue compensation for their injuries. The following is a list of common causes of infant skull fractures in Maryland:
Negligence When Using Birth-Assisting Instruments
If a mother has a difficult labor, a delivering doctor may decide that it is appropriate to use birth-assisting instruments. There are two types of birth-assisting instruments that are commonly used to help deliver a child: forceps and vacuum extractors.
Forceps are tong-like instruments that are attached to the head of the child to help pull them from the birth canal. A vacuum extractor is a suction device that also should be attached to a child’s head to remove them from the birth canal. While these tools can be of great aid to a doctor, they can also cause an infant to suffer a severe injury if they are misused. For example, if a doctor exercises too much force when using forceps or a vacuum extractor, they can easily fracture the soft skull of a newborn.
Cephalopelvic disproportion is a condition where a pregnant woman’s pelvis is not wide enough to allow her child to enter and exit the birth canal safely. Alternatively, this condition may also occur if an expectant mother is carrying a child that is larger than average. If an infant travels through the birth canal and becomes stuck due to this condition, their head could be trapped in the canal, and their skull could fracture.
A doctor needs to monitor a mother and child to determine whether cephalopelvic disproportion could be an issue. For example, a doctor may have to suggest that a mother consent to a cesarean section to deliver the child safely. If a doctor fails to diagnose a mother with this condition, they could be held liable if a child is injured after being stuck in the birth canal.
If a mother has a prolonged labor and the infant remains in the birth canal for an extended period of time, the child can emerge with a skull injury. If a doctor did not make preparations for a cesarean section or other methods to deliver the child, they could be liable if the child is injured during a prolonged labor.
There are many birth injuries that could cause a child to suffer a skull fracture. For example, if the medical staff is too rough with a child after delivery, this could harm the child. To learn more about seeking damages for a medical malpractice claim, you should continue reading and speak with an experienced Maryland infant skull fracture birth injury attorney.
Liability for Infant Skull Fracture Malpractice Injuries in Maryland
There are multiple parties that could be held liable if a doctor causes a newborn to be seriously injured during childbirth. As you might expect, the doctor that committed the malpractice would be liable to the newborn for their injuries. However, if the doctor is employed by a hospital, the hospital could also be liable for the birth injury.
Hospitals could be liable for the actions of a doctor through the doctrine of respondeat superior. This doctrine states that an employee that commits a negligent act when furthering the goal of their employer could make their employer vicariously liable for their actions. For example, if a delivery doctor misused a vacuum extractor when delivering a child, the hospital could also be liable for this mistake.
Note, however, that many hospitals hire doctors as independent contractors. This means that the doctor would have control of the methods they use to treat patients. As a result, a hospital may be able to escape liability for a doctor’s actions.
If you are uncertain about who could be held liable for your child’s injuries, you should contact our Maryland law firm today.
Consult with Our Experienced Maryland Lawyer for Infant Skull Fractures Caused by Birth Injuries
If your child suffered a skull fracture during birth, you should contact an experienced Maryland birth injury lawyer for infant skull fractures. A newborn child should not have to suffer a severe injury like a skull fracture because of the negligence of a medical practitioner. To schedule a free legal consultation to discuss your claim, contact Bennett & Heyman at (410) 429-7856. You may also contact our firm online using our short submission form.