Dealing with the trauma of a birth-related injury is challenging for a family. The emotional and financial toll on the parents can be overwhelming. Additionally, the infant may experience chronic pain and suffering due to medical errors.
If your baby was injured during labor and delivery in Maryland, you may have a medical malpractice claim against the doctor and other parties. You and your child could receive economic and non-economic damages to help with the expenses and consequences of a birth-related injury.
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How Do You Prove a Maryland Medical Malpractice Claim Involving Birth-Related Injuries?
If you suspect that your child was injured because of negligence during delivery, seek immediate medical treatment from another provider. Your child’s health is the top priority. It is also wise to seek legal counsel from a Baltimore medical malpractice lawyer. An attorney will review your case and advise you of your rights and legal options.
If you have a valid claim, your attorney will help you file it. To recover compensation, you must show that the at-fault party’s medical errors and negligence caused your child harm.
Establishing a birth injury claim under Maryland law requires you to prove the following four elements:
A Legal Duty of Care
For liability to exist, you must prove that a professional duty of care was owed to you and your infant. However, this element is rarely a problem in a medical malpractice case. A duty of care is established whenever a provider-patient or doctor-patient relationship exists. Therefore, if you were a patient, a duty of care existed.
A Breach of the Duty of Care
A breach of duty occurs when a medical provider fails to meet its standard of care. The first step in proving a breach of duty is to define the applicable medical standard of care.
Under Maryland law, the standard of medical care is based on the circumstances and facts of a situation. Medical experts determine what is generally accepted in the medical community for the methods, knowledge, and skills required for a given situation.
The second step is for experts to review the care provided to determine if it fell short of the accepted medical standard.
Breach of duty relies heavily on the testimony of expert witnesses in a medical malpractice case. You must prove that the medical professional’s conduct deviated from the accepted standard of care for you and your baby.
Causation
You must prove that the breach of duty directly and proximately caused the birth injury. Even if a medical professional was negligent or breached their duty of care, they are only liable if their conduct was a direct cause of the birth injury.
Damages
Finally, you must prove that the medical malpractice resulted in injuries. Your baby must have suffered harm to recover compensation in a birth injury medical malpractice claim.
Birth injuries can result in life-altering impairments for babies. They may suffer physical disabilities, cognitive impairments, developmental delays, and emotional disorders. It is crucial for parents to seek immediate medical treatment from another provider if they believe their child suffered a birth-related injury.
Who Could Be Liable For Birth Injuries in Maryland?
Serious birth injuries can happen at any point during labor and delivery. All parties whose actions contributed to your child’s injuries could be liable for the damages they caused.
Defendants in a birth injury case can include:
- OBGYNs
- Hospitals
- Nurses
- Obstetricians
- Primary care physicians
- Medical clinics
- Anesthesiologists
- Surgeons
- Administrative staff
More than one party may be sued for a birth injury. A Baltimore birth injury lawyer will investigate the circumstances that led to your baby’s injury to determine who may be responsible for the damages.
What Damages Can You Receive in a Medical Malpractice Claim for a Birth-Related Injury in Maryland?
Birth injuries can cause irreparable harm. The parents and the infant may suffer numerous types of damages because of the negligence of medical professionals.
You may receive compensation for economic damages in a birth injury claim, including:
- The cost of past and future medical treatment related to the birth injury and its consequences
- Loss of future earning capacity
- Long-term personal and/or nursing care
- Rehabilitative care, including physical and occupational therapy
- Out-of-pocket expenses, such as travel costs to and from medical appointments
You and your child may also receive compensation for non-economic damages.
These damages represent the pain and suffering caused by the malpractice and may include:
- Loss of a healthy childhood
- Emotional distress
- Physical pain
- Diminished quality of life
- Mental distress
- Embarrassment, inconvenience, and depression caused by scarring, disfigurement, and impairment
- PTSD and anxiety disorders
The amount of your settlement for a birth-related medical malpractice claim depends on many factors, including the severity of your child’s injuries and the financial losses incurred. Economic damages are not capped. Therefore, you can seek a settlement or verdict in the total amount of your monetary losses.
However, Maryland law caps the amount of non-economic damages a party can receive in medical malpractice cases.
Obtaining the maximum compensation available is essential for your child’s future. An experienced Baltimore personal injury lawyer can help you maximize the factors in your case that increase the value of damages. They can assist you in documenting and valuing your damages correctly.
How Long Do I Have to File a Medical Malpractice Lawsuit in Maryland?
The Maryland statute of limitations sets deadlines for filing medical malpractice lawsuits, including cases involving birth injuries. Generally, individuals have five years from the date of injury to file a medical malpractice lawsuit (or three years from the date of discovering the injury). However, exceptions may apply that could change the deadline.
It is crucial to seek legal advice as soon as possible to protect your child’s legal rights. Waiting too long could result in losing the right to file a lawsuit on behalf of your child. Delays in seeking legal advice can also hurt your case because key pieces of evidence could be lost with time.
Contact Our Baltimore Birth Injury Attorneys For Help With Your Medical Malpractice Claim
If you have questions about a medical malpractice or birth injury claim, call us for a free consultation. Our Baltimore medical malpractice attorneys will fight to hold the negligent parties accountable for their actions that hurt your child.
