Legal Options and Rights After a Birth Injury in Maryland: A Comprehensive Guide

Bringing a child into the world should be one of the happiest occasions in one’s life. However, if complications occur because of a healthcare provider’s negligence or malpractice, the results can be heartbreaking. Understanding your legal rights and options is crucial for Maryland families facing this situation. There are several steps you can take after a birth injury occurs, and this guide discusses how a skilled birth injury attorney can help you get through this challenging time and legal process.

Understanding Birth Injuries

In general, birth injuries occur when a newborn experiences some form of harm during labor, delivery, or shortly after birth. Such injuries may manifest at varying levels, from temporary minor issues to permanent life-changing disabilities. Common birth injuries include:

• Cerebral Palsy: A set of conditions that can affect a baby’s movement, posture, and muscle tone.
• Brachial Plexus Injuries: Damage to the network of nerves controlling the arm and hand, including Erb’s Palsy.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage that is caused by the brain being deprived of oxygen.
• Fractures: Broken bones that occur because the baby’s delivery was problematic or improperly handled.
• Kernicterus: A rare form of brain damage stemming from severe jaundice.

Birth injuries may be caused by unavoidable complications, but many are preventable and result from medical negligence, such as:

• Failure to monitor the fetus properly during labor.
• Misuse of delivery tools like forceps or vacuum extractors.
• Delayed decision-making for emergency procedures like C-sections.
• Incorrect administration of medication.

If negligence is a factor, you may have grounds for a legal claim.

Legal Rights for Birth Injury Victims in Maryland

In Maryland, birth injury cases fall under the purview of medical malpractice law. These laws are designed to hold healthcare providers accountable when their actions deviate from the accepted standard of care, leading to harm. Here are the key legal rights you should know:

1. Right to File a Medical Malpractice Claim

Maryland law allows you to file a medical malpractice claim if you believe a healthcare provider’s negligence caused your child’s injury. To succeed, you must prove the following:

• Duty of Care: The healthcare provider owed you and your child a duty of care.
• Breach of Duty: The provider failed to meet the standard of care expected in similar circumstances.
• Causation: The breach directly caused the birth injury.
• Damages: The injury resulted in measurable harm, such as medical expenses or long-term disability.

2. Right to Compensation

If your claim is successful, you may recover compensation for:

• Medical expenses (past and future).
• Rehabilitation and therapy costs.
• Special equipment or home modifications.
• Pain and suffering.
• Loss of future earning capacity (for the child).
• Emotional distress.

3. Right to Access Medical Records

Under Maryland law, you are entitled to access your medical records and those of your child. These records are critical for identifying potential acts of negligence and building your case.

4. Right to Pursue Justice Through the Maryland Health Care Alternative Dispute Resolution Office (HCADRO)

In Maryland, all medical malpractice claims must first be filed with the HCADRO before proceeding to court. This process involves submitting a Certificate of a Qualified Expert, a document signed by a medical professional stating that negligence occurred.

5. Statute of Limitations

Maryland has strict deadlines for filing medical malpractice claims. Generally, you have:

• Three years from the date the injury was discovered, or
• Five years from the date the injury occurred, whichever is earlier.

For minors, the statute of limitations may extend until their 11th birthday in cases involving injuries sustained at birth.

Steps to Take After a Birth Injury

If you suspect that medical negligence caused your child’s injury, taking the following steps can help protect your legal rights:

1. Seek Immediate Medical Attention

Your child’s health is the top priority. If you believe your child may be in distress, contact the appropriate specialists who can review the situation, advise on the extent of the injury or injuries, and recommend appropriate treatment. Detailed medical documentation is essential for both your child’s care and your legal case.

2. Collect as Much Evidence as Possible

Be sure to maintain all pertinent medical records, including:

• Prenatal care records
• Labor and delivery note
• Fetal monitoring strips
• Medication logs
• Diagnostic test results

Taking pictures of the baby’s visible injuries and keeping written accounts of your experiences can also prove to be key evidence should you need to pursue legal options.

3. Let a Skilled Birth Injury Attorney Help

A knowledgeable birth injury attorney can look at your case, take you step by step through the legal process, and make sure that your rights are protected. If you are concerned about the potential costs of working with an attorney, note that many birth injury lawyers provide free consultations and work on a contingency fee basis, which means that they only get paid if your case is successful.

4. Your Claim Must be Filed with the Maryland Health Care Alternative Dispute Resolution Office

Your attorney will help you file your claim with the Maryland Health Care Alternative Dispute Resolution Office, including the required Certificate of a Qualified Expert.

5. Settlement Negotiations vs. Going to Court

Many birth injury cases are resolved through settlement negotiations. However, if a fair settlement cannot be reached, your attorney will be prepared to take your case to trial.

What a Well-Versed Birth Injury Attorney Can Do for You and Your Family

Dealing with a birth injury claim requires a level of understanding of medical malpractice law that most lay people do not have. One must also be able to interpret difficult medical evidence. Here’s how a skilled attorney can make a difference:

Reviewing the Case

Skilled birth injury lawyers who typically handle these types of cases will take the time to review your specific circumstances in order to make a decision as to whether you have a viable claim. They will obtain and review all related medical records, speak with relevant medical experts, and identify potential instances of negligence.

Using Expert Witnesses

Most birth injury cases require expert testimony to prove the standard of care and demonstrate that negligence occurred during the birth. If you are concerned about locating such experts, please note that most birth injury attorneys usually have access to reputable experts who can further bolster your case.

Complying With All Filing Requirements

Your attorney will handle all aspects of filing your claim, ensuring compliance with Maryland’s legal requirements, including deadlines and procedural rules.

Negotiating With Insurers

Insurers typically attempt to payout as little as possible in any case, and birth injury cases are no exception. However, a skilled lawyer can aggressively negotiate for you to ensure you get as fair a settlement as possible.

Representing You in Court

If negotiations fail and your case proceeds to court, your attorney will represent you and present a compelling case to the judge and/or jury.

Providing Emotional Support

We understand that dealing with a birth injury can be emotionally exhausting and mentally trying. A caring and empathetic attorney can provide guidance and support, allowing you to focus on your child’s well-being.

How to Select the Appropriate Maryland Birth Injury Attorney for You

When choosing an appropriate lawyer to handle your case, we encourage you to keep the following factors in mind:

• Experience in the Relevant Area of Law: Work with a lawyer who has an established and proven track record of handling birth injury cases. While your friend may be the best corporate lawyer you know, his or her knowledge of birth injuries may be minimal and ultimately not helpful to your case. Specific experience with birth injuries is important because these cases usually involve complex medical information and nuanced legal arguments.
• Reputation: Read reviews, testimonials, and case results to gauge the attorney’s credibility. A lawyer with a strong reputation for achieving favorable outcomes can be an asset to your case.
• Resources: Ensure the attorney has access to medical experts, investigative tools, and financial resources to build a strong case. Birth injury cases can be resource-intensive, and a well-equipped attorney will be better positioned to succeed.
• Communication: Choose someone who communicates clearly and keeps you informed throughout the process. Your attorney should be accessible, empathetic, and willing to answer your questions at every stage of the case.
• Personalized Attention: Look for an attorney who treats your case as unique. Avoid firms that may delegate your case to less experienced staff or treat it as just another file.
• Contingency Fee Structure: Most birth injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement ensures that your attorney is motivated to achieve the best possible outcome.
• Trial Experience: While many cases settle out of court, it’s essential to hire an attorney who is prepared to take your case to trial if necessary. Trial experience demonstrates a lawyer’s ability to present a compelling argument in front of a judge or jury.

Additionally, schedule consultations with potential attorneys to assess their approach and compatibility with your needs. Use this time to ask questions about their strategy, experience, and past successes in handling similar cases.

Let Our Laurel Birth Injury Lawyer Help

A birth injury can have a profound impact on your child’s life and your family’s future. While no legal action can undo the harm, pursuing a birth injury claim in Maryland can provide the financial resources needed to ensure your child receives the care and support they deserve. By understanding your legal rights and working with a skilled birth injury attorney, you can hold negligent parties accountable and secure a brighter future for your family.

If you suspect medical negligence caused your child’s birth injury, don’t delay. Contact an experienced Maryland birth injury attorney today for a free consultation and take the first step toward justice.