When a doctor is delivering a child, it is possible that an act of negligence or an unavoidable accident could result in a child being seriously injured. When this happens, a child may need to receive physical therapy to recover from their injuries. However, there is still a risk that a child could be injured due to a physical therapy incident. If your child was injured while receiving physical therapy, you should consult with an experienced Maryland birth injury attorney for infant physical therapy.
At Bennett & Heyman, we are committed to providing you with the unique legal service that you require to pursue damages for your child’s injuries. We understand that it can be difficult to focus on a legal case while dealing with an injury to a newborn, and we are here to address your concerns. To schedule a free legal consultation to discuss your potential lawsuit, contact Bennett & Heyman at (410) 429-7856. You may also contact the firm online to discuss your potential case.
Birth Injuries that Require Infant Physical Therapy in Maryland
When delivering a child, it is expected that a mother and her child will receive the medical care they deserve. However, whether due to medical malpractice or a simple mistake, it is possible for a child to be severely injured during delivery. As a result, the child may need to undergo infant physical therapy to rehabilitate from their injuries.
The following is a list of common birth injuries that may require a child to undergo infant physical therapy.
Traumatic Brain Injuries
Traumatic brain injuries can happen under a wide range of circumstances. For example, if a doctor misused a birth-assisting instrument when delivering a child, this could result in a child sustaining a severe head injury. As a result, a child’s brain could be affected, and multiple bodily functions could be impacted, which may require infant physical therapy.
Cerebral palsy is often caused due to some type of external trauma to the head of a child. For example, if a child’s head becomes trapped in the birth canal, it is possible they could emerge with cerebral palsy. If a child has cerebral palsy, they could experience muscle stiffness and various other issues that may require infant physical therapy.
Spina bifida is a congenital disability where a portion of a person’s spinal cord does not form properly. Due to the exposed nature of the spinal cord caused by this condition, it may be difficult for an infant to perform tasks like walking.
There are many other conditions that may require a child to undergo infant physical therapy, such as autism or neuromuscular disorders. If you wish to know more about liability for physical therapy injuries, you should continue reading and speak with an experienced Maryland birth injury attorney as soon as possible.
Liability for Infant Physical Therapy Injuries in Maryland
If your child was severely injured and needed infant physical therapy to recover from their injuries, they should not be further injured by the medical practitioner that is offering physical therapy. Unfortunately, there are a variety of scenarios where a physical therapist could act negligently and cause an infant to sustain a serious injury.
If your physical therapist was responsible for injuring your child, you could file a medical malpractice lawsuit against them. When pursuing a medical malpractice lawsuit against a physical therapist, you will have to show how the physical therapist acted negligently. For example, if a physical therapist performed a dangerous exercise with an infant, they could be held liable if this caused the infant to be injured.
Additionally, it may be possible that the employer of a physical therapist is liable for their actions. For example, if the physical therapist that injured your child is employed by a hospital, the hospital could be held vicariously liable for their actions. Specifically, the actions of the physical therapist must have occurred within the scope of the employment in order for them to be attributed to their employer.
It is also important to note that a plaintiff has to prove the following elements to show that a physical therapist or their employer behaved negligently:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care (e.g., injured a child during a physical therapy session)
- The plaintiff sustained injuries as a result of the defendant’s breach
- The plaintiff can pursue compensation for their injuries and other losses in a court of law
Once you prove these elements, you can be awarded damages for your injuries. Specifically, you can receive compensatory damages for your injuries. Compensatory damages are typically broken into two categories: economic and non-economic damages. Economic damages are calculated based on the expenses sustained by a victim, while non-economic damages look at subjective factors such as pain and suffering.
If you need assistance pursuing damages for your infant physical therapy injury case, our firm is ready to work with you.
Speak with Our Experienced Maryland Lawyer for Infant Injuries from Physical Therapy
If your child was a victim of an injury during infant physical therapy, you should contact an experienced Maryland birth injury lawyer to discuss your case. The legal team at Bennett & Heyman possess decades of combined legal experience, and we would be pleased to work with you. To schedule a free case evaluation to speak about the details of your case with a Baltimore birth injury attorney, contact Bennett & Heyman at (410) 429-7856. You may also use our online submission form to contact us online.