Medical malpractice can devastatingly affect a patient’s health, especially for pregnant women. If you were a victim of birth injuries, a lawyer must review your case and help you understand a strategy to move forward. A birth injury lawyer understands the nuances of the law regarding medical malpractice and is the most qualified to help you get fair compensation.
Ask a Birth Injury Lawyer: 8 Frequently Asked Questions1. How Long Can I Wait Before Filing a Lawsuit?The statute of limitations for medical malpractice resulting in birth injuries in Maryland is five years from the moment of the injury or five years from when the injury is discovered. If a child who suffered injuries at birth wants to file a claim, they have three years after reaching 18 years of age. Parents can file a lawsuit on behalf of their infant son. It’s important to understand that the longer you wait before filing a claim, the more challenging it becomes to prove. 2. Who Can Be Held Liable for Birth Injuries?All medical staff related to birth can be liable for birth injuries. This includes nurses, obstetricians,anesthesiologists, and other healthcare professionals present at birth. Sometimes, you can also sue the hospital where the baby was delivered. Consult a birth injury lawyer in Baltimore who can help you determine who you need to sue. 3. What Evidence Will I Need to Provide?To prove a medical malpractice case (including birth injuries), you will need all medical records concerning the case, from the first appointment during your pregnancy. Other valuable evidence may include:
Your attorney will conduct a “discovery” phase, in which they will help you gather all the evidence required to prove your case in court. 4. Do I Need Expert Certification for a Birth Injury Claim?Before you file a lawsuit for any medical negligence (including birth injury) in Maryland, you need a “Certificate of a Qualified Expert.” The law defines qualified experts as board-certified medical professionals in the field of the claim (in this case, obstetricians or gynecologists) or a medical professional who teaches the relevant medical specialty and has done it for at least five years. This certificate must certify that:
You must file this certificate within 90 days of filing your initial claim. 5. What Are Some Examples of Medical Negligence Resulting in Birth Injuries?
Other instances of medical malpractice regarding pregnancy and birth include “wrongful birth,” when a healthcare professional fails to inform about any condition that may have resulted in pregnancy termination. It also includes “wrongful pregnancy,” when a woman’s choice to avoid pregnancy fails because of misinformation, defective medication, or defective birth control devices. 6. What Are The Caps For Damages in a Birth Injury Case?To determine a compensation amount for economic damages, the court must consider the severity of the injuries, especially when they have lifelong consequences. Economic damages are not capped in Maryland and include past and future medical expenses and future loss of income. Non-economic damages, such as pain and suffering, are capped at $895,000, and this amount increases by 15% every year. 7. Are There Special Requirements for a Birth Injury Case?In Maryland, all medical negligence cases must begin by filing with the Maryland Healthcare Alternative Resolution Office, and your case will go through an arbitration process. During this process, a panel composed of a lawyer, a healthcare professional, and a general public member will review your evidence and give a verdict, including a compensation amount. However, you have the right to waive arbitration and or reject the arbitration panel’s decision in court. 8. Will I Need to Pay My Attorney’s Fees Out of Pocket?Most birth injury attorneys will accept to be paid a percentage of your winnings. If you lose the case, they won’t make any money. However, you will have to pay for all associated fees. Once you hire a lawyer, ask for a written contract specifying payment conditions and the attorney’s obligations. The law protects you if you or your child are victims of medical negligence resulting in birth injuries. While no amount of money can repair your losses when it comes to a birth injury, fair compensation may help you cope with the challenges ahead of you. Getting professional legal help increases your chances of a good outcome in court.