Baltimore Cephalohematoma Lawyer
Cephalohematoma is a birth injury newborns suffer from when blood accumulates under the scalp. It is not uncommon for an infant to suffer from cephalohematoma when a doctor acts negligently during the birthing process. A Baltimore cephalohematoma lawyer can help you prove a doctor’s negligence caused your child to become hurt and will hold them accountable for paying the financial compensation you and your family deserve.
When is Cephalohematoma Medical Malpractice?
While cephalohematoma can happen naturally during the birthing process, in many cases it is entirely preventable. If a child is born with the condition, as well as other serious birth injuries, it is likely that it is a case of medical malpractice.
Cephalohematoma is often caused by the improper use of forceps or a vacuum extractor. When this is the case, it is considered medical malpractice. For example, a doctor may apply too much force when using forceps, or they may use a vacuum extractor too early in the birthing process. Doctors may also fail to order a C-section early enough, when the surgery could prevent cephalohematoma from occurring.
Proving Medical Malpractice in Cephalohematoma Cases
It is sometimes challenging to prove cephalohematoma was the result of a doctor’s negligence because this injury can result from the normal stress placed on a newborn’s head during the birthing process. In order to file a medical malpractice lawsuit against the doctor or any other healthcare professional, you must show the injury was preventable and only occurred because the medical staff acted carelessly. Evidence is crucial in these claims and may include testimony from a medical expert, medical documentation, and witness testimony.
The Statute of Limitations on Cephalohematoma Claims
All personal injury cases in Baltimore are governed by a statute of limitations, and this includes birth injury claims, such as those involving cephalohematoma. The statute of limitations, or time limit, on birth injury cases differs slightly from other lawsuits involving negligence.
The statute of limitations on cephalohematoma claims is three years from the date of the injury. However, this time limit only applies when the parents are filing a claim for their own losses. This can include damages such as medical costs for the child. To file for damages for the child’s losses, such as their pain and suffering, the statute of limitations is extended to the child’s 21st birthday. The extension reflects the fact that a child can still file a claim for their losses, but they must wait until they are 18 years old to do so. Once the child turns 18 years old, they then have the regular three-year statute of limitations to file a claim.
Do Not Wait to Call Our Birth Injury Lawyers in Baltimore
You can recover damages if your child suffered cephalohematoma due to medical negligence, but there are many laws that govern these claims. At Wais, Vogelstein, Forman, Koch & Norman, LLC, our Baltimore birth injury lawyers know the laws and will ensure no mistakes are made with your claim so you recover the full settlement you deserve. Call us today at 410-998-3600 or contact us online to schedule a free consultation.
