Birth Injury Lawyer Maryland
Find the Right Birth Injury Lawyer in Maryland
When a child suffers a preventable injury during birth due to medical negligence, it can be a devastating and overwhelming experience for the family. Finding the right birth injury lawyer in Maryland is crucial in ensuring that justice is served and the family receives the compensation they deserve. This blog post will guide you through the process of finding the right attorney, understanding the compensation available, and navigating the legal process to seek justice for your child.
Short Summary
- A birth injury lawyer is a critical advocate for families seeking justice due to medical negligence during childbirth.
- It is important to consider an attorney’s experience, success rate and communication skills when selecting one.
- Birth injury cases may be compensated with economic and non-economic damages, including pain & suffering, lost earnings & future care costs which can range from $1.75 million – $2 million in Maryland with no cap on recoverable damages.
The Role of a Birth Injury Lawyer
A birth injury lawyer provides legal representation to families whose child has sustained injuries from medical negligence during birth. They play a critical role in seeking justice for your child’s preventable injuries and ensuring your rights are safeguarded throughout the process.
Experienced birth injury attorneys can help you navigate the complexities of the legal system, investigate negligence, and build a strong case on your behalf.
Legal Representation
Birth injury lawyers offer legal representation and guidance throughout the proceedings, ensuring that your rights are preserved and your best interests are prioritized. They can assist you in filing your claim in the most advantageous jurisdiction for your particular case and strive to maximize your potential compensation. Engaging the services of an experienced birth injury attorney specializing in birth injury claims may increase the likelihood of a successful outcome and the potential to pursue the maximum amount of compensation available.
Healthcare providers are responsible for preventing harm to patients and newborn infants by delivering secure and competent medical services, and avoiding medical malpractice. In the unfortunate event of a birth injury, a birth injury lawyer can hold the responsible parties accountable. Under the “corporate negligence” doctrine, hospitals may be held liable if they do not take reasonable steps to investigate the education, training, and licensing of a prospective employee prior to hiring.
Maryland birth injury attorneys, including a Maryland birth injury attorney and Baltimore birth injury lawyers, can help you navigate this complex legal issue.
Investigating Negligence
Experienced birth injury attorneys have the knowledge and resources necessary to investigate potential negligence, gather relevant evidence, and construct a robust case in support of your interests in a child’s birth injury case. An experienced birth injury attorney can assess the possibility of negligence and compile evidence to support your birth injury claim.
A birth injury lawyer will review the child’s medical records, acquire witness testimony, and consult expert medical witnesses to demonstrate that the at-fault party’s negligence caused the child’s injury, which is essential in medical malpractice lawsuits. Some of the primary causes of a child’s birth injury during pregnancy are typically attributed to inadequate monitoring, failure to identify prolapsed umbilical cord, and improper use of tools during the birthing process.
Choosing the Right Birth Injury Attorney
Finding the right birth injury attorney is crucial for the success of your case. The attorney you choose should have a proven track record of successful birth injury cases and be able to communicate effectively and provide support throughout the legal process.
In this section, we will discuss the important factors to consider when choosing a birth injury attorney, including their track record and communication skills.
Track Record
When looking for a birth injury lawyer, it is essential to choose one with a proven track record of successful cases and high compensation amounts. A lawyer’s experience in handling birth injury lawsuits and the associated outcomes are vital in determining their proficiency and accomplishments in managing birth injury cases.
Identifying legal counsel with a documented history of success can provide an indication of their expertise and ability to secure the best possible outcome for your case.
Communication and Support
Choosing an attorney who communicates clearly, keeps you informed, and offers compassionate support throughout the process is essential for a successful birth injury case. The attorney should possess the capability to communicate effectively with their clients and furnish support throughout the legal process. They should be able to elucidate the legal process and respond to any queries the client may have.
Effective communication and support can make a significant difference in the outcome of your case and your overall experience with your attorney.
Types of Compensation in Birth Injury Cases
In birth injury cases, there are two primary forms of compensation available: economic and non-economic damages. Economic damages are awarded to compensate for expenses incurred, such as medical bills and lost income. Non-economic damages focus on the hardships endured by the child and their family, such as pain and suffering, and loss of enjoyment of life.
In this section, we will discuss the types of compensation that may be awarded in birth injury cases.
Medical Expenses
Compensation for medical expenses in birth injury cases includes both past and future costs related to the birth injury. These expenses may include delivery and neonatal care, in addition to the treatment and long-term costs associated with the injury.
No initial fees are required when engaging a reputable Maryland birth injury lawyer, as attorneys only receive payment if you prevail in your case and are granted compensation.
Pain and Suffering
Non-economic damages for pain and suffering address the emotional distress and physical pain experienced by the child and their family. Pain and suffering may manifest in the child and their family in the form of physical pain, emotional distress, and a decrease in quality of life.
A birth injury lawyer can assist by offering legal counsel and representation to guarantee that the family obtains the recompense they are entitled to for their anguish and distress.
Lost Earnings and Future Care
Compensation for lost earnings and the cost of future care encompasses medical expenses, lost wages, pain and suffering, and other damages. The cost of future care can be determined by factoring in the cost of medical care, therapy, assistive devices, and specialized education that may be necessitated by the injury.
Engaging a birth injury lawyer is significant as they can assist in comprehending your legal rights and alternatives, examine the origin of the injury, and negotiate an equitable settlement.
Navigating the Legal Process
The legal process for birth injury cases can be complex and overwhelming, especially for families dealing with the emotional and financial stress of their child’s injury. In this section, we will discuss the steps involved in the legal process of a birth injury case, from case evaluation to trial and verdict.
The first step in the legal process is to evaluate the case. This involves gathering evidence and interviewing.
Case Evaluation
Case evaluation in birth injury cases involves an assessment of the potential client’s case for validity, an investigation of the evidence, and a determination of the claim’s value. This is typically done through a complimentary consultation and review by a knowledgeable attorney. The importance of case evaluation in birth injury cases is essential in assessing the claim’s merit and the possibility of receiving compensation. Additionally, it helps to identify any potential legal issues that may arise during the course of the case.
In order to evaluate a case, one must gather evidence, interview witnesses, and review medical records. Additionally, the lawyer will assess the potential client’s case for validity and determine the value of the claim. Securing a suitable lawyer for case evaluation is of paramount importance due to their expertise and understanding of the potential client’s case. Such an experienced lawyer can provide the necessary legal advice and direction to ensure the best course of action is taken.
Filing the Lawsuit
Filing a birth injury lawsuit and gathering evidence to validate your claim is a crucial step in the legal process of a birth injury case. To initiate a lawsuit in birth injury cases, it is recommended to seek the advice of an attorney with expertise in this area. The lawyer can guide you through the filing process and provide assistance in gathering the necessary evidence.
The initial step in filing a lawsuit in birth injury cases is usually the submission of a demand letter to the responsible party for recompense prior to formally filing the lawsuit. It is advisable to seek the counsel of an attorney who specializes in birth injury claims in order to effectively traverse the legal process.
Negotiation and Settlement
Negotiation and settlement in birth injury cases involve discussions and negotiations between the plaintiff and the defendant to determine a fair compensation amount for the birth injury and its associated damages, without going to trial. Engaging with the other party to attempt to arrive at an equitable settlement, if feasible, can save time and resources for both parties involved.
The potential results of a settlement negotiation may include a full or partial settlement, a dismissal of the case, or a trial. Engaging an experienced birth injury lawyer can provide many benefits, such as a comprehensive understanding of the legal system and the ability to ensure a fair and just settlement. Additionally, they can provide invaluable advice and support during the negotiation process.
Trial and Verdict
In birth injury cases, a trial is a legal proceeding where a judge and jury hear arguments from both parties and make a decision on the case. The verdict is the official decision made by the jury after careful deliberation, determining whether the defendant care providers should be held liable for the harm caused to the injured child. Should a settlement not be reached, the process would involve proceeding to trial and presenting the case to a jury for a verdict.
The typical jury verdict in birth injury cases typically ranges from $1.75 million to $2 million. It is essential to have a knowledgeable and experienced birth injury attorney representing your interests during the trial. An attorney with a proven track record of success in birth injury cases can make a significant difference in the outcome of your trial and the amount of compensation awarded.
Maryland Birth Injury Laws
Maryland birth injury laws play an important role in determining the outcome of your case and the compensation you may be eligible to receive. This section provides an overview of Maryland birth injury laws, including the statute of limitations and caps on non-economic damages.
In Maryland, the statute of limitations for a mother injured during childbirth to file a claim is three years. Additionally, the recoverable economic damages for past and future medical bills and the cost of maintaining the child for the remainder of the child’s life are not capped, which means that damages in such cases are often substantial, reaching into the tens of millions of dollars.
Common Birth Injury Scenarios
Birth injuries due to medical negligence can occur in a variety of scenarios. Some potential causes of birth injuries due to medical negligence may include improper use of forceps, delayed C-sections, and oxygen deprivation during delivery. Oxygen deprivation is one of the more common causes of birth injuries and can lead to conditions such as Hypoxic ischemic encephalopathy (HIE), a condition in which an infant’s brain is deprived of oxygen.
Other common birth injuries, such as cerebral palsy, include fractures of the bones, lacerations, and skull fractures. Brachial plexus injuries, which are a paralysis of the arm caused by damage or severing of the upper group of the arm’s main nerves, can also occur due to pressure on the infant’s raised arms during a feet-first (breech) delivery.
It is estimated that 28,000 newborn infants in the U.S. experience childbirth injuries resulting from healthcare provider negligence.
Summary
In conclusion, finding the right birth injury lawyer in Maryland is crucial for seeking justice and obtaining the compensation your child and family deserve. By understanding the role of a birth injury lawyer, the types of compensation available, and the legal process involved, you can make an informed decision and choose the best attorney to represent your interests. Remember, the attorney you choose can make a significant difference in the outcome of your case and the amount of compensation awarded. Now is the time to take action and secure a brighter future for your child.
Frequently Asked Questions
Yes, you can make a claim for traumatic birth if you or your child has suffered damages as a result of medical malpractice.
Medical negligence for birth injury includes failing to prevent or treat maternal bleeding and tears, performing an unnecessary c-section, or improper use of forceps or vacuum delivery.
These types of negligence can lead to serious birth injuries, such as cerebral palsy, Erb’s palsy, and shoulder dystocia. In some cases, these injuries can be permanent and require lifelong medical care.
Birth injuries are typically treated with adaptive equipment to help with mobility, as well as medication to ease tight muscles and treat secondary conditions. In some cases, surgery may be necessary.
A birth injury lawyer provides legal representation to families seeking justice and compensation for medical negligence-related injuries sustained by their child during birth.
Birth injury cases may seek two types of compensation: economic damages to cover expenses incurred and non-economic damages for the hardships endured by the child and their family.
These damages can help families cope with the financial and emotional burden of a birth injury. They can also provide a sense of justice for the family, knowing that the responsible party is being held accountable.
