A parent should never have to deal with a severe injury to a child due to the negligence of a medical practitioner. Unfortunately, there are many circumstances where a child is injured because a doctor failed to act responsibly when delivering a child. As a result, an infant may need occupational therapy, which is not without its risks to a child. If your child was injured while receiving occupational therapy, you should consult with an experienced Maryland attorney for injuries caused by infant occupational therapy.
At Bennett & Heyman, we are committed to working with families who are unfortunately dealing with a serious birth injury to their newborn child. We recognize the burdens faced by managing a birth injury and a potential medical malpractice lawsuit, and we are here for you in your time of need. If you wish to schedule a free legal consultation to discuss your potential birth injury lawsuit, contact Bennett & Heyman at (410) 429-7856. You may also contact the firm online to schedule your free case evaluation.
How Infant Occupational Therapy Works
There is often a mistaken belief that occupational therapy is only beneficial for individuals that sustain work-related injuries. Occupational therapy is often needed for individuals that are living with severe disabilities. For an infant, occupational therapy may be necessary if the infant sustains a severe birth injury during delivery. For example, if an infant develops cerebral palsy as a result of a birth injury, they could experience the following issues:
- Problems with motor control
- Poor muscle tone
- Spastic and jerking movements
This is not an exhaustive list. There are many other developmental milestones that can be missed if a child is injured at birth, such as issues with walking or eating food. To treat these medical issues, a doctor may suggest one or more of the following occupational therapy treatments:
- Bath time therapy
- Feeding therapy
- Olfactory input therapy
- Sand and water therapy
- Other fine motor skills therapy
Other types of therapy may be suggested depending on the injuries of your child. If you wish to know more about the parties that can be held liable if your child is injured during an occupational therapy accident in Maryland, you should read ahead and consider bringing your case to an experienced Maryland birth injury attorney for occupational therapy injuries.
Who is Liable for Infant Occupational Therapy Injuries in Maryland?
When an infant is receiving occupational therapy, it is possible that a rehabilitative activity could go wrong and cause the child to be further injured. If this happens, our firm could help you determine the parties that could be held legally liable in a medical malpractice lawsuit.
The first party you should turn to is the occupational therapist that likely played a major role in the injury of your child. For example, if your infant sustained injuries during a water therapy session in Maryland, this could be due to the negligence of the therapist.
It is also important to note that many occupational therapists are employed by hospitals where they perform their treatment. This means that a hospital may also be held liable for the negligent actions of an occupational therapist under their employ. As a result, a negligent act by an occupational therapist that injures a child could be imputed to an employer under the doctrine of respondeat superior.
The doctrine of respondeat superior allows a victim of an accident to hold an employer vicariously liable for an employee’s negligent actions that led to their injuries. In many cases, it would be prudent to use this doctrine to pursue a medical malpractice lawsuit against an employer as they are likely more capable of paying damages owed to a plaintiff if they prevail in their case.
You should also be aware that a hospital may also employ some medical staff as independent contractors. If an occupational therapist is employed as an independent contractor, it means that a hospital has little power over how that therapist operates their practice. As a result, this may allow a hospital to escape liability for the actions of an occupational therapist.
Other medical staff involved with the occupational therapy treatment may also be liable if they played a role in an infant’s injuries.
How to Prove Therapist Negligence in an Occupational Therapy Injury Lawsuit
When pursuing a lawsuit in Maryland against an occupational therapist or their employer, you will have to show how the defendant acted negligently to be awarded compensatory damages. Specifically, a plaintiff will have to prove the following four elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care to the plaintiff
- The plaintiff sustained injuries and other losses due to the defendant’s actions
- The plaintiff could pursue damages for their injuries and losses in a court of law
Additionally, you should know that you only have a limited amount of time to file your case in Maryland. With this in mind, you should consider contacting an experienced Baltimore birth injury lawyer to discuss your claim as soon as possible.
Work with Our Skilled Maryland Birth Injury Lawyers for Infant Occupational Therapy
If your child was injured due to a medical mistake while receiving occupational therapy, you should contact an experienced Maryland birth injury lawyer for injuries caused by infant occupational therapy. At Bennett & Heyman, we are dedicated to providing you with the aggressive legal services you need for your case. To schedule a free legal consultation to discuss your medical malpractice claim, contact Bennett & Heyman at (410) 429-7856. You may also contact the firm online.