Medical malpractice is a fraught area of the law. At the best of times, it deals with circumstances where a vulnerable person has been let down by a professional responsible for their care. Birth trauma and injuries are among the most tragic of these cases. Unfortunately, in Maryland according to the most recent CDC data, the rate of infant mortality currently stands just below 6 per 1000 births. That is almost double the rate in New Hampshire, the state with the lowest rate.How Common is Birth Trauma?
Precise rates are not published of non-fatal birth injuries and trauma, but if we assume that Maryland is in line with the national average, we could be looking at as many as 1 in 3 families experiencing birth trauma as part of their journey. If the rate of injury or trauma is elevated, mirroring the mortality rates, it could be even more common. Since birth trauma and injury both have the potential to negatively affect the individuals and the family in the long term, the price of leaving the issue unaddressed could be more than the community can afford.
What Causes Birth Trauma/Injury?
While some trauma is the result of unavoidable circumstances, such as chromosomal abnormalities or a congenital disorder, other forms of trauma and injury are the result of inadequate or unsuitable care delivered to mothers and their babies. For example, Maryland has a high level of medically unnecessary cesarean sections. If a mother or baby suffers a complication of the surgery, having been given medically unfounded advice to undergo it, that would be a case of birth injury where the clinical advice was at fault. Another standard example would be if a doctor using forceps during a delivery used excessive force, harming the mother or child.
What are the Options for Families Affected by Birth Trauma and Injury?
Many healthcare providers have internal complaints procedures, but families often perceive the provider as having a vested interest in denying fault. As a result, many families affected by birth trauma choose to consult a birth injury lawyer. Professionals working in the area have experience with the emotionally and legally complex landscape of liability when it comes to birth and medical care. For some families, this route is the best way to achieve closure and ensure that their concerns have been taken on board by a provider.
How Can the Incidence of Birth Trauma and Injury Be Reduced?
In Maryland, there are several contributors to birth trauma and injury. Some early data suggests that improved access to pregnancy education, nutrition advice, and more accessible perinatal care could help. Rural areas are the most severely affected and could see the largest leaps forward if improvements were implemented. As a parent, if you live in a rural area outside Annapolis, it may be necessary to take the lead on your own behalf.
