Birth Injuries FAQ


How Do I Know If Negligence Was The Reason For My Child's Birth Injury?

The first thing people want to know when they call our office is "Do I have a claim?" Unfortunately, no one can give you that answer over the phone. Determining whether negligence caused your child's injury requires careful analysis of medical records and the use of medical experts.

At the Law Firm of Michael H. Bereston, Inc., we will thoroughly investigate the circumstances surrounding your child's birth. If negligence occurred, we will find out and hold the responsible parties liable for the harm they've caused. Contact us to find out if negligence was to blame for your child's injury.


What Are The Most Common Types Of Birth Injuries?

Many different types of injuries can occur during birth. One of the most common is brain injury due to lack of oxygen, causing cerebral palsy. Other common birth injuries include brachial plexus (Erb's palsy), shoulder dystocia and brain injuries.


What Is Cerebral Palsy?

Cerebral refers to the brain and palsy refers to a lack of muscle control. So cerebral palsy involves a group of disorders that cause impairment or injury to the brain that results in impaired ability to control one's muscles and movement. Cerebral palsy can cause seizures, and cognitive, speech, visual and hearing impairments. Cerebral palsy can be caused by a lack of oxygen during the birthing process. This needs to be investigated thoroughly.


Why Did My Child Develop Cerebral Palsy?

Brain injuries occurring during birth are common causes of cerebral palsy. At the Law Firm of Michael H. Bereston, Inc., we will examine the circumstances surrounding your child's birth to determine whether your health care provider was responsible. If so, we will hold them accountable for their wrongdoing and get you the compensation you need to care for your child.


How Do I Know If My Child Sustained A Birth Injury?

Many parents are unsure if their child sustained a birth injury. While it is impossible to know for certain without a thorough examination, there are a few warning signs that may indicate a possible birth injury:

  • Did your baby have to be resuscitated before he or she could breathe?
  • Was your baby taken to the neonatal intensive care unit, also referred to as a NICU?
  • Was you baby given a low APGAR score?
  • Did your baby have a seizure?
  • Did a CT scan or MRI show brain damage?

Did My Health Care Provider Do Something Wrong?

Many people are unsure if their health care provider made a bad decision. Investigating the circumstances surrounding your child's birth is the only way to know for sure. However, common mistakes made by health care providers include: letting the mother labor too long; waiting too long to induce once the pregnancy is full term; the misuse of pitocin; not performing a timely C-section.


Where Can I Get Answers?

People often turn to doctors and hospitals for answers after a birth injury. However, if the injury was due to doctor or hospital negligence, you may not get the answers or help you need. At the Law Firm of Michael H. Bereston, Inc., we will investigate the circumstances surrounding your child's birth, get answers and pursue the compensation your child deserves.

Who Is A Patient Advocate?

A patient advocate, or patient support person, is not an independent party. He or she is usually a salaried employee of the health care facility.


What Do I Do If My Child Suffered A Birth Injury?

Caring for a disabled child is financially difficult. While there are government programs that will provide assistance, these programs do not provide the comprehensive care some children need. This leaves many families struggling to pay for care.

If a health care provider's negligence caused your child's injuries, you may have a medical malpractice claim against them. We will evaluate your child's injuries to determine whether medical malpractice occurred. If medical negligence was to blame, we will vigorously pursue the compensation you need to adequately care for your child.


Who Will Care For My Child Once I Am Gone?

Parents often worry what will become of their children after they are gone. Taking care of a disabled child is stressful and expensive. While government programs provide some assistance, they often don't fully cover a disabled child's needs. We will help you bring a medical malpractice claim and secure the compensation needed to ensure your child is cared for after you are gone.


Why Should I Pursue Legal Action?

If your child experienced an injury or is disabled, filing a legal claim is probably the last thing on your mind - but it shouldn't be. You need resources to help your baby. At the Law Firm of Michael H. Bereston, Inc., we can help you get the compensation needed to pay for your child's long-term care.

We also have a tradition in this country about personal responsibility. While corporations and insurance companies want to blame the victim, the constitution requires the wrongdoer to pay for all the harms that the wrongdoer causes. This means that the wrongdoer, almost always through his insurance company, is responsible for what he causes. Not the taxpayers who pay for the government programs or the families who can lose their life savings taking care of an injured child. When there is a judgment or settlement in a birth injury case, the government and other health insurers usually expect repayment of whatever was previously paid to take care of the child before the case has concluded. Thus there is no double payment for anything. The wrongdoer pays for whatever he causes. Nothing more, nothing less.

What Is The Statute Of Limitations On A Birth Injury?

The statute of limitations varies from state to state. In Maryland in a malpractice case, you normally have three years from the date of malpractice. However, there are exceptions when the injury involves a minor child and/or someone who is mentally incompetent that can extend the statute. We have successfully concluded cases involving brain-injured children where birth occurred as far back as 15 years before we were contacted. The important thing is to contact an experienced birth injury lawyer as soon as possible so the statute of limitations will not be a barrier to filing a claim.


How Can An Attorney Help?

If your child's birth injury was the result of medical malpractice, the most important thing you can do is preserve your child's rights. The best way to do that is to speak with an experienced birth injury lawyer.

Our team will obtain all relevant medical documents and work with medical experts to analyze your child's birth and determine whether a health care provider acted negligently. If negligence is found, we will pursue compensation on your child's behalf. Money cannot undo the harm caused by a birth injury, but it can help you pay for the medical care your child needs.


Do I Have To Come Into Your Office To Get Help?

No. We can begin working on your case after an in-depth telephone interview. Eventually, we will want to meet, face-to-face; however, we understand that it can be difficult to get to our offices. That is why our lawyers are willing to come to you.

How Much Will It Cost To Pursue My Legal Claim?

Nothing unless we win a verdict or enter into a settlement with the defendants. At the Law Firm of Michael H. Bereston, Inc., consultations are completely free. We advance all of the costs associated with bringing your legal claim, and you won't pay us anything unless we secure compensation on your behalf. You have absolutely nothing to lose by meeting with us.

Contact Us For More Information

If you think your child sustained an injury at birth, contact our firm. We will find the answers you are looking for. Call us today at 410-793-4554. Consultations are free.