What Maryland Parents Need to Know About Filing a Birth Injury Lawsuit
The birth of a child should be a joyous and life-changing moment. But when preventable medical errors result in serious harm to your newborn, that moment can turn into a heartbreaking and overwhelming experience.
If your child has suffered a birth injury in Maryland, understanding your legal rights and the process of pursuing a birth injury lawsuit in Maryland can help you secure the resources needed for your child’s future care and well-being.
Here’s what Maryland parents need to know about their legal rights—and the steps to take when pursuing justice.
Understanding What Qualifies as a Birth Injury
A birth injury occurs when a baby suffers physical harm before, during, or shortly after birth, often due to medical negligence. Birth injuries occur when medical professionals fail to provide the standard of care expected during pregnancy, labor, or delivery. These injuries can range from minor complications to severe, life-altering conditions that affect your child’s development and quality of life. Some common examples of preventable birth injuries include:
- Brachial plexus injuries (Erb’s palsy),
- Cerebral palsy caused by lack of oxygen,
- Skull fractures or brain bleeds,
- Spinal cord damage,
- Improper use of forceps or vacuum extractors, and
- Failure to perform a timely C-section.
Medical malpractice infant injury cases arise when healthcare providers deviate from accepted medical standards, resulting in preventable harm to mother or child, for instance, if your child was harmed due to errors in monitoring, diagnosis, or delivery techniques. In Maryland, medical malpractice laws provide legal remedies for families whose children have suffered birth injuries due to negligent medical care.
Your Legal Rights as Maryland Parents
Maryland law recognizes that parents have the right to expect competent medical care during pregnancy and childbirth. When medical professionals fail to meet these standards, resulting in injury to your child, you may have grounds for a medical malpractice claim. Understanding these rights is crucial for protecting your family’s future.
Parents in Maryland have the right to pursue compensation for their child’s birth injury when medical negligence is involved. This includes the right to seek damages for medical expenses, ongoing care costs, lost earning capacity, pain and suffering, and other losses related to the injury. Additionally, Maryland law permits parents to sue on behalf of their minor children who can’t represent themselves in legal proceedings.
The first step you should take is to consult an experienced birth injury attorney in Maryland. These cases are highly specialized, involving both legal and medical complexities. An attorney can help you:
- Evaluate the facts of your case,
- Determine if malpractice occurred,
- Guide you through the process of filing a claim, and
- Retain medical experts to support your claim.
Time is of the essence—so don’t delay seeking legal advice.
The Critical Importance of Time: Maryland’s Statute of Limitations
One of the most important factors in any birth injury lawsuit in Maryland is the statute of limitations. Maryland has specific time limits for filing medical malpractice claims, and missing these deadlines can permanently bar your right to seek compensation.
In Maryland, parents must act quickly due to the statute of limitations. Generally:
- A birth injury lawsuit must be filed within five years from the date of the injury, or
- Three years from the date the injury was discovered, whichever comes first.
However, when the claim is filed on behalf of a minor child, the statute of limitations may be extended. The child typically has until their 21st birthday to file a lawsuit.
Given the complexity of these time limitations and the potential for losing your right to compensation, it is essential to consult with qualified legal counsel as soon as you suspect your child’s injury may have resulted from medical negligence. Still, it’s always best to act early. Delays can weaken your case, especially if key evidence or witnesses become unavailable.
Gathering and Preserving Medical Records
Building a strong birth injury case requires comprehensive documentation of your child’s medical care. Medical records serve as the foundation for proving that negligence occurred and that this negligence caused your child’s injury. The process of gathering these records should begin immediately after you suspect medical malpractice.
Essential medical records for birth injury cases include:
- Prenatal care records,
- Labor and delivery notes,
- Fetal monitoring strips,
- Hospital records,
- Nursing notes,
- Medication administration records, and
- Any diagnostic tests or imaging studies.
You should also obtain records of any subsequent medical treatment your child has received related to the birth injury.
In Maryland, you have the right to request copies of all medical records related to your child’s care. Healthcare providers are required to provide these records within a reasonable timeframe, though they may charge copying fees. It is important to preserve these records in their original form, as this information helps establish whether the medical staff deviated from the accepted standard of care.
Beyond medical records, other important documentation includes:
- Photographs of visible injuries,
- Witness statements from family members who observed the birth process, and
- Any communications with healthcare providers about your child’s condition or treatment.
Proving Negligence in Maryland Birth Injury Cases
Successfully pursuing a birth injury lawsuit in Maryland requires proving that medical negligence caused your child’s injury. This involves establishing four key elements:
- Duty of care
You must establish that the healthcare provider owed a duty of care to you and your child. This duty exists whenever a doctor-patient relationship is established, which typically occurs when a healthcare provider agrees to treat a patient.
- Breach of trust of that duty
You must prove that the healthcare provider breached this duty by failing to meet the accepted standard of medical care. This requires demonstrating that a reasonably competent healthcare provider in similar circumstances would have acted differently. Expert medical testimony is usually necessary to establish the appropriate standard of care and how the defendant’s actions fell short of this standard.
- Causation
You must show that the breach of duty directly caused your child’s injury. This causation element can be particularly challenging in birth injury cases, as you must prove that the injury would not have occurred but for the medical negligence.
- Damages
You must demonstrate that your child suffered actual damages as a result of the injury. These damages can include medical expenses, ongoing care costs, lost earning capacity, pain and suffering, and other losses related to the injury. Your birth injury attorney in Maryland will work with independent medical experts to establish how the provider’s actions (or inactions) caused the injury.
Understanding Compensation in Birth Injury Cases
Birth injuries often result in lifelong disabilities that require extensive medical care, therapy, and support services. The compensation available in Maryland birth injury cases is designed to address both the immediate costs of the injury and the long-term expenses associated with caring for a child with special needs.
Economic damages in birth injury cases typically include past and future medical expenses, costs of ongoing care and therapy, special education expenses, adaptive equipment and home modifications, and lost earning capacity. These damages are calculated based on the child’s specific needs and may involve substantial sums, particularly for severe injuries requiring lifelong care.
Non-economic damages address the pain and suffering, emotional distress, and loss of enjoyment of life that result from the injury. While these damages are more difficult to quantify, they represent an important component of compensation for birth injury victims.
Maryland recognizes that these injuries often require extensive, lifelong care and support and, as such, does not cap damages in medical malpractice cases involving catastrophic injuries to children. However, calculating damages requires careful analysis of your child’s specific needs and prognosis.
Most birth injury claims in Maryland are resolved through settlement negotiations, often with the help of a mediation process. However, if the medical provider’s insurance company refuses to offer fair compensation, your attorney should be fully prepared to take the case to trial. Either way, your legal team should keep you informed and empowered every step of the way.
The Legal Process: What to Expect
Filing a birth injury lawsuit in Maryland involves several stages, each requiring careful attention to legal requirements and strategic decision-making. Understanding this process can help you prepare for what lies ahead and make informed decisions about your case.
The process typically begins with an investigation phase, during which your attorney reviews medical records, consults with medical experts, and determines whether you have a viable claim. This investigation may take several months, as it requires a thorough analysis of complex medical issues.
If your attorney determines that you have a strong case, the next step is filing a formal complaint in court. Maryland has specific procedural requirements for medical malpractice cases, including pre-suit notice requirements and mandatory alternative dispute resolution procedures.
During the discovery phase, both sides exchange information and evidence relevant to the case. This may include depositions of witnesses, requests for additional medical records, and expert witness disclosures. Discovery can be a lengthy process, particularly in complex birth injury cases.
Many birth injury cases are resolved through settlement negotiations rather than a trial. Settlement discussions may occur at any stage of the litigation process, and a skilled attorney will work to negotiate a fair settlement that adequately compensates your family for your child’s injuries.
If settlement negotiations are unsuccessful, your case may proceed to trial. Birth injury trials can be complex and lengthy, requiring extensive expert testimony and detailed presentation of medical evidence.
Choosing the Right Birth Injury Attorney in Maryland
The success of your birth injury case depends largely on the experience and expertise of your legal representation. When selecting a birth injury attorney in Maryland, it is important to choose someone with experience in medical malpractice infant injury cases and a proven track record of success.
Look for an attorney who has handled birth injury cases similar to yours and who has the resources necessary to pursue complex medical malpractice litigation. This includes access to qualified medical experts, the financial resources to fund extensive litigation, and the experience to navigate Maryland’s complex medical malpractice laws.
Your attorney should also demonstrate a genuine commitment to your family’s needs and a thorough understanding of the long-term challenges associated with caring for a child with birth injuries. The attorney-client relationship in birth injury cases often extends over many years, so it is important to choose someone you trust and feel comfortable working with.
You Don’t Have to Navigate This Alone
If your child has suffered a birth injury, your family may be entitled to justice and compensation. Filing a birth injury lawsuit in Maryland can feel daunting, but you don’t have to face it alone. With the right legal support, you can hold negligent parties accountable and secure the resources your child needs for a better future.
If you suspect your child’s injury was caused by medical negligence, call the Law Offices of Nicholas A. Parr today. We’ll review your case with compassion, honesty, and the skill you deserve.
