Duty

Negligence requires you to establish four legal elements:

Duty of care – The defendant owes a duty of care to an injury victim. Although the specifics of the duty of care vary from situation to situation, it requires a party to act reasonably under the circumstances to avoid injuring others.

Breach of duty – You must show that the defendant breached a duty of care they owed you. This means they did not meet the standard of care required in your case.

Causation – The element of causation requires proof that a party’s breach of their duty of care directly caused your injuries. This means that you wouldn’t have been injured if they hadn’t breached their duty.

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Damages – For the element of damages, you must prove financial, emotional, or personal losses you have suffered due to your injuries. You can do this by providing bills, invoices, receipts, pay stubs, or expert testimony.

Traffic laws require drivers to operate their vehicles in a specific manner. Professional rules regulate how healthcare providers must deliver treatment. Case law developed over the decades can establish rules for a person’s duty of care, such as a property owner’s duty to protect visitors from hazardous conditions on their premises.

The duty of care can also arise from basic, common-sense rules about how a person should act. As a result, courts instruct juries in many personal injury lawsuits to use their experience and common sense to determine how a reasonable, prudent person would have acted in the same circumstances.

Negligence Per Se

The standard of care also requires people to follow the law. A person who causes injuries while violating the law may bear liability due to being negligent per se. A negligence per se claim argues that a party committed negligence simply by breaking the law. For example, a driver who gets into a car accident while driving under the influence of alcohol or drugs may be liable under a negligence per se claim by violating DUI laws.

What Is a Standard of Care?

In a personal injury negligence claim, the standard of care refers to the actions a person should take to avoid injuring others. The specifics of the standard of care will depend on the circumstances of the case and the relationship between the at-fault party and the victim.

What Is Duty of Care in a Negligence Case?

The duty of care refers to the legal responsibility that people owe to others to avoid causing physical, financial, or legal harm. The specific acts that a person must take to avoid harming others may depend on statutory laws or professional regulations.

Ordinary Negligence

In most personal injury claims, the standard of care will involve ordinary negligence. The standard of care for ordinary negligence typically refers to the degree of care used by reasonable people under similar circumstances. In ordinary negligence, the standard of care asks how other reasonable people would act in identical circumstances.

Professional Negligence

Other types of personal injury claims can involve different standards of care. For example, a medical malpractice claim involves professional negligence. The standard of care in a case involving professional negligence refers to the actions or decisions that other professionals of similar training and experience would make in identical circumstances.

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Examples of breaches of duty in common types of personal injury claims include:

• Drivers violating traffic laws, such as by speeding, running red lights or stop signs, or failing to yield the right of way
• A store owner or manager not cleaning up a spill or putting up a wet floor sign.
• A dog owner not maintaining their pet’s enclosure, allowing the dog to escape and eventually attack someone in public.
• A doctor failing to diagnose a patient.

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Once you have ensured that you or your loved one is safe, the next step is contacting an experienced nursing home abuse attorney who can help you seek justice. Often, nursing home abuse and neglect leads to serious injuries and physical/mental health problems, requiring ongoing medical treatment and care and causing victims immense pain and suffering. In the most tragic of cases, victims die as a result of the harm they have endured. This can leave victims and their families facing severe hardships and unexpected financial challenges. Our Maryland nursing home abuse attorneys are prepared to fight back against negligent caregivers and facilities that fail to provide a proper standard of care to their residents. We employ a team based approach in order to provide every one of our clients with the full scope of our experience, resources, and skill.

Maryland Birth Injury Attorney

Legal Representation for Birth Injury Claims in Maryland

Our Maryland birth injury lawyers and staff are compassionate about your losses and will be by your side throughout the process. We go beyond the legal issues, as we help you seek the medical, social, and financial support services you need.

Well Recognized Prominence

Our Maryland birth injury attorneys have long been known in the legal community as among the best trial

The Most Devastating Kind of Injury: Birth Injury

Birth injuries can be some of the most devastating and emotionally challenging types of injuries. Mistakes made by doctors, nurses, and technicians in the delivery room can result in catastrophic injuries that can last a lifetime for the baby or mother. They affect an entire family.

Here are some reasons why birth injuries are often considered among the most devastating:

Vulnerability of the newborn

Emotional trauma for parents

Long term consequences

Impact on family dynamics

Financial burden

Legal and advocacy challenges

Uncertainty about the future

Common Birth Injuries We Handle

We represent families affected by birth

injuries to mother and baby, including:

Hospital errors: Hospital errors refer to mistakes or negligence that occur within a healthcare facility during the labor and delivery process. These errors can include misdiagnoses, medication errors, surgical mistakes, and communication breakdowns among healthcare providers. If you have any questions call Maryland Personal Injury Lawyers

C Section injuries: A Cesarean section C section is a surgical procedure performed to deliver a baby through an incision in the mother's abdomen and uterus. C section injuries can result from complications during the surgery, such as infections, surgical site injuries, or errors in anesthesia administration.

Infections: Infections can occur during pregnancy or childbirth, affecting both the mother and the baby. Common infections include urinary tract infections UTIs , Group B Streptococcus GBS infections, and postpartum infections, which can lead to various complications if not treated promptly.

Cerebral palsy: Cerebral palsy is a neurological disorder that affects a child's motor skills and muscle control. It can result from brain damage or abnormal brain development during pregnancy, birth, or early childhood. Some cases of cerebral palsy may be linked to birth injuries.

Erb’s palsy: Erb's palsy is a condition that affects the nerves in a baby's shoulder and arm, often caused by excessive force applied during childbirth. This can lead to weakness or paralysis in the affected arm.

Forceps injuries: Forceps are surgical instruments sometimes used during childbirth to assist in delivering the baby's head. Improper use of forceps can cause injuries to both the baby and the mother, including bruising, lacerations, and nerve damage.

Traumatic brain injury to baby: Traumatic brain injury TBI in a newborn can result from various factors, such as oxygen deprivation during delivery, head trauma during childbirth, or other complications. TBIs can have long term consequences for the child's development and well being.

Birth trauma: Birth trauma refers to psychological distress or emotional trauma experienced by the mother or baby during childbirth. It can result from complications, unexpected events, or medical interventions that lead to distressing experiences.

Improper prenatal and postnatal medical negligence: This refers to instances where healthcare providers fail to provide adequate care and monitoring during the prenatal and postnatal periods. Negligence during prenatal care can lead to birth complications, while postnatal negligence can result in inadequate follow up care for both mother and baby, leading to potential health problems. If you have any questions call Maryland Personal Injury Attorneys

Do I Have A Birth Injury Case in Maryland?

To determine if you have a birth injury case in Maryland, you should consult with a qualified Maryland birth injury attorney who can evaluate the facts and circumstances surrounding the birth and the injury. Generally, you may have a case if you can establish that medical negligence or malpractice occurred during the birth process, leading to the injury.

How to Prove a Maryland Birth Injury Lawsuit

Proving medical negligence in a birth injury lawsuit in Maryland typically involves presenting evidence that demonstrates:

The healthcare provider owed a duty of care to the mother and child.

The provider breached the standard of care through negligence or malpractice.

The breach of the standard of care directly caused the birth injury.

Damages resulted from the birth injury.

Read more about How to Prove Medical Negligence in Birth Injury Cases!

Identifying Cause And Liability In Birth Injury Cases

Identifying the cause and liability in birth injury cases often invol

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Gathering medical records and evidence to establish what went wrong during childbirth.

Consulting medical experts who can assess the standard of care and determine if it was breached.

Determining which healthcare providers or institutions may be held liable for the negligence

Establishing a direct link between the medical negligence and the birth injury.

Legal Options for Birth Injury Cases in Maryland

If your child has suffered a birth injury due to the negligence of a medical professional, you have the option to initiate a medical malpractice lawsuit against the responsible healthcare provider such as nurses, surgeons, obstetricians, and anesthesiologists or institution. If you have any questions text Maryland Personal Injury Lawyers

Through a medical malpractice lawsuit, you have the opportunity to pursue compensation for the damages associated with your child's birth injury to cover economic and non economic losses, such as:

Past and future medical expenses

Loss of potential future earnings

Costs associated with live in caregivers

Expenses for disability accommodations

Fees for physical therapies and rehabilitation

Addressing chronic pain management

Compensation for the loss of quality of life

Statute of Limitations on Maryland Birth Injuries

In Maryland, medical malpractice cases, including birth injury cases, are subject to a statute of limitations. Generally, the statute of limitations for medical malpractice cases is two years from the date of the injury or the date when the injury was discovered or reasonably should have been discovered . If you have any questions contact Maryland Personal Injury Attorneys

No Attorney Fees Unless We Help You Recover Money

Our experienced trial attorneys represent clients throughout Maryland. We provide our birth injury case services on a contingency fee basis. That means we will pay the up front cost of investigating and preparing your case for trial. We only collect attorneys’ fees if and when we win your case.

We often receive calls from clients whose doctors made a general mistake by misdiagnosing a condition or prescribing the wrong medication. Medical negligence cases, such as birth injuries, have gotten very difficult to prove and win over the past several years.

If you have a birth injury case in which you can show actual medical and financial damages, we can help you fight to protect your rights. We have the professional and technical resources of independent experts to help us prepare the strongest case possible for a settlement or jury award.

Free Consultation

Contact our medical birth injuries lawyers in Maryland to learn more about our record of success. Our experienced trial attorneys represent clients in cases throughout Maryland,

Sports.& Recreational Injuries

When recreational, sports activities or entertainment leads to an accident, call us.

While participating in sports and outdoor activities is fun, it can also be dangerous. This is especially true when other individuals around you act negligently or the equipment you use is insufficient or defective. If actions by another person cause you or a loved one to suffer serious injuries or if your injury is due to negligence or disregard for your safety, you need an attorney with experience in helping victims involved in similar situations. At Shamberg, Johnson & Bergman, we have been defending the rights of injured parties since 1949. We have the skills needed to guide you through your claims.

We’re Among the Best Civil Litigation Lawyers in Maryland If you have any questions ccontact Maryland Personal Injury Lawyers

There are many activities that can turn deadly if negligence is involved. We have assisted clients through all forms of sports related and recreational accidents, including:

Boating accidents

Personal watercraft crashes including Jet Skis/Wave Runners

ATV accidents

Skiing and snowboarding accidents

Concert or event accidents

Sports induced injuries, such as concussion or paralysis

Other indoor/outdoor activities

Whether the cause of your accident was from a defective product, unsafe premises or directly due to the negligent acts of another participant in the same activity, we can help.

Losing a Loved One in a Sports or Recreational Accident

You can rely on our team to take care of the legal matters so you and your family can cope emotionally. While monetary damages cannot make your life the same, they will help you to pay the necessary expenses so that you can begin to move forward with your life.If you have any questions text Maryland Personal Injury Attorneys

Free Consultation

Contact our sports and recreational injury lawyers to learn more about our record of success. Our experienced trial attorneys represent clients in cases throughout Maryland,