Working with a Maryland Birth Injury Lawyer
Birth injury lawsuits are filed to help families access financial compensation to pay for preventable birth injuries.
Preventable birth injuries caused by medical negligence can have long-lasting consequences on children and their families. Many children with birth injuries require adaptive devices, medication, surgery, transportation modifications, and several types of therapy to manage their condition.
According to the Centers for Disease Control and Prevention (CDC), the average lifetime cost to care for a child with cerebral palsy is $1 million. Thankfully, there are compensation options available. Maryland birth injury lawyers can help you file a legal claim with ease so you can focus on caring for your child.
Your Maryland birth injury lawyer will:
- Build your case
- File your lawsuit
- Gather evidence
- Negotiate a settlement amount
- Represent you in court if needed
Our partner law firms can work with families in the following Maryland areas:
- Annapolis
- Baltimore
- Columbia
- Elkridge
- Ellicott City
- Frederick
- Gaithersburg
- Germantown
- Hagerstown
- Rockville
- Owing Mills
- Parkville
- Silver Spring
- Waldorf
- Westminster
- Other cities
If you believe your child’s birth injury was caused by medical negligence, talk with one of our trusted registered nurses to get the answers you need.
Birth Injuries and Medical Negligence
Nurses, doctors, and other healthcare professionals are expected to uphold a high standard of care. When medical mistakes are made during the delivery process, they can cause grave injuries and may be considered medical negligence.
An experienced Maryland birth injury attorney can help prove your child’s birth injury was caused by preventable mistakes during the birthing process to help you win your lawsuit.
The following may be considered medical negligence that warrants a birth injury lawsuit:
- Failure to detect and/or treat any signs of fetal distress
- Failure to detect and/or treat signs of oxygen deprivation or hypoxia
- Failure to perform a C-section (cesarean section) promptly
- Improper use of assistive delivery tools, including vacuum extractor or forceps
- Use of excessive force on a child’s head, neck, arms, or shoulders
If you suspect medical negligence was at play and caused your child’s injury, you may be able to work with a Maryland birth injury attorney.
Types of Cases Maryland Birth Injury Attorneys Work On
Maryland birth injury lawyers handle cases involving a variety of different birth injuries.
The types of cases that Maryland birth injury lawyers handle include:
- Bone fractures
- Brain damage
- Caput succedaneum
- Cerebral palsy
- Cervical dystonia
- C-section injuries
- Erb’s palsy and other brachial plexus injuries
- Forceps delivery complications
- Hypoxic-ischemic encephalopathy (HIE)
- Infant torticollis
- Intrauterine fetal demise
- Kernicterus
- Klumpke’s palsy
- Maternal infections
- Meconium aspiration syndrome (MAS)
- Newborn cephalohematoma
- Newborn jaundice
- Vacuum extraction injuries
- Other injuries
If your child suffered any of these injuries, you may qualify for financial compensation. Get a free and confidential case review to find out if you can work with a Maryland birth injury lawyer.
Notable Birth Injury Settlements in Maryland
A birth injury lawsuit is resolved by either a settlement or a trial verdict. Settlements occur when the doctor and/or hospital (defendant) agrees to pay a lump sum of money to the family (plaintiff).
95%
of birth injury claims end in a settlement agreement
Source: Black’s Law Dictionary
In rare cases, a settlement can not be negotiated and the case moves to court for a trial. When birth injury claims go to trial, they are decided with a verdict by a judge and/or jury.
Birth injury trials tend to be more costly and more time-consuming than settlements. Additionally, there is greater risk involved because an unfavorable verdict means you may not receive any money at all.
There is no way to determine the exact amount that you will receive in birth injury compensation. However, successful birth injury cases are usually calculated based on the type of birth injury, its severity, and expected future medical expenses.
Notable Maryland Birth Injury Settlements and Verdicts
$229 million
verdict for cerebral palsy from delayed delivery
$34.7 million
verdict for an infant brain injury
$21.1 million
verdict for cerebral palsy from failure to perform a c-section
$15.65 million
verdict for cerebral palsy due to lack of oxygen
$7 million
settlement for infant brain damage
It is very important to remember that there are no guarantees — you may receive less or more compensation in your case.
Maryland birth injury attorneys can help determine the potential value of your medical malpractice claim.
When Should I File a Birth Injury Lawsuit in Maryland?
It is very important to speak with a Maryland birth injury law firm as soon as you suspect medical negligence may have caused your child’s injury.
This is because there is a law that restricts lawsuits called the statute of limitations. The statute of limitations is a very strict deadline placed around how long you have to file a legal claim.
If you do not file your medical malpractice lawsuit within the timeframe allowed by Maryland’s statute of limitations, you will never be able to file a lawsuit.
In Maryland, the statute of limitations for children is different. Generally speaking, a claim must be filed within five years of the injury, or three years from when you discovered there was an injury if it happened after your child was born:
3 years from discovery or 5 years from date of injury
MD Statute of Limitations for Birth Injuries
3 Years
MD Statute of Limitations for Infant Wrongful Death
In some cases, you may be able to file a birth injury lawsuit before your child’s 11th birthday.
Because of the variations within the state’s birth injury statute of limitations, working with experienced medical malpractice lawyers in Maryland is critical.
Get a free case evaluation today to learn if you are qualified to receive financial compensation.
Find a Maryland Birth Injury Attorney Today
Hospitals, doctors, and other healthcare professionals are responsible for providing care that does not include negligence. Medical mistakes during childbirth can cause catastrophic injury to babies.
Hospitals and health care providers must be held responsible for their negligence. This is often the only way for families to get the compensation they deserve and need for care.
By working with a Maryland birth injury law firm, you will have access to lawyers who:
- Specialize in medical malpractice
- Have experience handling birth injury cases
- Have been successful in helping other families with birth injury cases
If your child’s birth injury was preventable, you may be eligible to take legal action and seek life-changing financial compensation. This money can help ensure that your loved one has the best medical care and quality of life possible.
Get a free case review to see if you can work with a Maryland birth injury attorney today.
Maryland Birth Injury Lawyer FAQs
What is the statute of limitations for birth injuries in Maryland?
The Maryland statute of limitations for birth injury medical malpractice claims varies depending on the situation. Generally, it is 5 years from the injury or 3 years after it was discovered long after the birthing process. The statute of limitations in the state of Maryland for infant wrongful death claims is 3 years.
Because of the variations in Maryland state law, it is critical to contact a Maryland medical malpractice lawyer to get legal advice on your statute of limitations as soon as you can.
It is very important to understand that if you miss the statute of limitations, you may forever lose your right to sue.
How much does a Maryland birth injury attorney cost?
Hiring an experienced Maryland birth injury attorney should come at no cost to you. The best birth injury lawyers work on a contingency fee basis, which means they do not charge any upfront costs.
If your case is successful, your medical malpractice attorney will take a percentage of the money awarded to you at the end of your birth injury lawsuit.
How do I know if my child’s birth injury was caused by medical negligence?
To find out if your child’s birth injury was caused by medical negligence, you should consult with a Maryland birth injury lawyer. Birth injury law firms have the case history needed to evaluate whether a preventable medical mistake occurred.
Get a free case review today to see if your family is eligible for financial compensation.