Birth Injuries - Developmental Delays

We all want to believe that we are in good hands at the time of labor and delivery – and most of the time, we are. However, the unfortunate reality is that medical errors take place more often than most people realize. And when they do, they often leave newborns to deal with life-long conditions, such as developmental problems and delays.

If your child is experiencing developmental delays, it may have been caused by a healthcare provider’s negligence during the labor and delivery process. The Baltimore medical malpractice lawyers at Lebowitz & Mzhen have decades of experience handling complex birth injury cases, specifically those involving developmental delays. We are immediately available to review your case to determine whether a healthcare provider’s negligence may have played a role in your child’s condition. At Lebowitz & Mzhen, Personal Injury Lawyers, we have represented countless families who were forever impacted by acts of medical malpractice and know what it takes to connect your family with the compensation you deserve for everything you’ve been through.

Birth injuries, particularly those involving oxygen deprivation, can result in developmental delays due to damage to critical areas of the brain responsible for physical, cognitive, and emotional development. When the brain does not receive enough oxygen, cells can be damaged or die, particularly in regions that control motor skills, language, and problem-solving. For instance, Hypoxic-Ischemic Encephalopathy (HIE), a brain injury caused by lack of oxygen and blood flow during birth, is a leading cause of developmental delays and can lead to conditions like cerebral palsy, intellectual disabilities, and seizure disorders.

Developmental delays caused by birth injuries can impact a range of abilities. Physical development may be affected, causing delays in motor milestones such as crawling, walking, and grasping objects. Fine motor skills, which require intricate brain coordination, can be particularly sensitive to early brain injuries. Similarly, language and communication skills may develop slower if regions involved in speech processing and production are impacted, resulting in delayed speech, difficulty understanding language, and challenges in social interactions.

Early intervention and other costly therapies like occupational, physical, and speech therapy are often essential for children with developmental delays due to birth injuries. These therapies can help strengthen neural pathways and teach compensatory skills, often improving the child’s ability to achieve milestones. However, the extent of recovery largely depends on the severity of the brain injury, the specific regions affected, and how promptly interventions begin.

Signs of developmental delays in children can vary widely depending on the type and severity of the delay, but there are key milestones and behaviors to look out for. If a child is not reaching these milestones, it may indicate a delay in physical, cognitive, communication, social, or emotional development. Here are some common signs:

• Infants (0-12 months): Difficulty holding up their head, not rolling over, or not reaching and grasping objects by 4-6 months.
• Toddlers (1-3 years): Delay in crawling, walking, or coordination issues, like difficulty holding objects, using utensils, or balancing.

• Infants: Lack of cooing or babbling by 6-9 months.
• Toddlers: Not saying single words by 12-15 months or simple phrases by age 2. They may also struggle with following simple directions or understanding basic language.

• Infants: Limited eye contact or facial expressions, lack of interest in people around them.
• Toddlers: Difficulty with social interactions, such as playing with others, showing empathy, or making eye contact. They may also struggle with regulating emotions, often appearing overly aggressive or withdrawn.

• Infants and Toddlers: Difficulty with problem-solving, understanding cause and effect, or engaging in imaginative play. Toddlers may also struggle to follow routines or learn new skills at the typical pace.

Without question, trying to determine whether your child is experiencing developmental delays is both challenging and emotional. Parents are encouraged to reach out to an experienced Baltimore birth injury lawyer at Lebowitz & Mzhen to learn more and to have a compassionate attorney investigate their case.

Developmental delays can often be traced to the labor and delivery process. If you suspect that your child’s developmental delay was caused by a healthcare provider’s error, you may be able to seek damages through a medical malpractice claim.

Proving a medical malpractice case based on a developmental delay in Maryland requires establishing that a healthcare provider's negligence directly led to your child’s delay. Under Maryland law, medical malpractice claims typically hinge on four elements: duty, breach of duty, causation, and damages.

1. Duty of Care: The healthcare provider must have had a professional duty to provide an accepted standard of care to the mother and baby during pregnancy, labor, and delivery. This standard includes carefully monitoring the baby’s oxygen levels and taking immediate action if signs of distress or oxygen deprivation arise.
2. Breach of Duty: The plaintiff must prove that the provider breached this duty by deviating from the accepted medical standard. This breach could involve failure to monitor vital signs properly, delayed response to complications, or not performing an emergency cesarean section when necessary. Expert testimony from other medical professionals is often essential to establish what the provider should have done differently.
3. Causation: A direct link between the provider’s breach and the child’s developmental delay must be shown. For example, if oxygen deprivation during delivery led to Hypoxic-Ischemic Encephalopathy (HIE), which caused the delay, the causation element could be satisfied. This connection can be challenging to prove, as it requires showing that the delay was likely caused by the breach rather than unrelated factors.
4. Damages: Finally, the plaintiff must demonstrate damages resulting from the delay, including medical expenses, therapy costs, and potential future care needs.

In Maryland, parents pursuing such claims must file within five years of the injury or three years after discovering it.

At Lebowitz & Mzhen, Personal Injury Lawyers, our Baltimore medical malpractice attorneys are ready to fight to ensure your family receives the justice they deserve. We take pride in keeping our clients informed at each step of the legal process. Our firm represents families in Washington, D.C. and throughout Maryland, including in Baltimore City, Glen Burnie, Annapolis, Rockville, Germantown, Bethesda, Upper Marlboro, Hyattsville, Bowie, Silver Spring, Towson, Columbia, Takoma Park, and other communities throughout Anne Arundel, Montgomery, Prince George's, and Carroll Counties. To set up a free consultation with a birth injury attorney, call us at (800) 654-1949 or at (410) 654-3600, or contact us online.