Dealing with a birth injury can be hard for any family. It’s good to know you’re not alone in this.
A birth injury brings a lot of emotional, physical, and financial challenges as you try to deal with what should have been a happy time. In Maryland, the infant mortality rate is higher than average, sitting at 6.1 per 1,000 live births. Knowing what to do immediately after your child suffers a birth injury is critical—not only for their health and well-being but also to protect your legal rights.
Labor and Delivery Negligence
Labor and delivery negligence occurs when a healthcare provider, such as a doctor or nurse, fails to meet the standard of care expected during childbirth, resulting in harm to the mother or baby. This can include:
- Errors in monitoring the baby’s vital signs
- Delaying necessary medical interventions
- Mismanaging complications during labor
When these mistakes lead to serious injuries, it may be considered medical negligence, and families may be entitled to pursue legal action for damages.
Steps to Take After a Birth Injury in Baltimore
If your child has suffered a birth injury in Baltimore, knowing what steps to take next can make a big difference. It’s important to focus on your child’s health while also protecting your legal rights.
1. Seek Immediate Medical Care
Even if the injury doesn’t seem serious right away, it’s important to get them checked by a doctor. Some injuries might not show up immediately, so getting medical attention right away can help catch and treat any problems early on.
2. Gather and Preserve Medical Records
Request copies of all medical records related to the birth and the injury. These documents will be essential if you decide to pursue a legal claim. Make sure to keep everything organized, including:
- Copies of all records from the hospital, including prenatal care and delivery notes.
- Detailed notes from doctors and nurses about the birth and any complications.
- Information provided when you and your child were discharged from the hospital.
- Any lab or imaging results that were taken during or after the birth.
- Itemized bills from the hospital and any specialists involved in your child’s care.
- Accounts from family members or friends who were present during the birth.
- Images of any visible injuries or conditions affecting your child.
- Any letters or emails exchanged with healthcare providers or insurance companies.
- Records from any follow-up visits to doctors after the birth.
- Plans for ongoing treatment or therapy, if applicable.
3. Consult a Birth Injury Attorney
Speak with a Baltimore birth injury lawyer as soon as possible. A lawyer can help assess whether the injury resulted from medical negligence and guide you through the legal process. Legal professionals experienced in birth injury cases will ensure you understand your rights and help you pursue compensation if necessary.
4. Avoid Speaking with Insurance Companies
If hospital representatives or insurance adjusters contact you, refrain from discussing the case without legal guidance. Insurance companies may attempt to settle quickly, often offering less than you deserve. Let your attorney handle any negotiations to protect your best interests.
5. Stay Informed About Your Legal Rights
In Maryland, the statute of limitations for filing a medical malpractice lawsuit is generally five years from the date of the injury or three years from the date you discovered the injury, whichever comes first. It’s important to be aware of these time frames so you don’t miss your chance to file a claim.
Maryland has a cap on non-economic damages in medical malpractice cases, which limits the amount you can receive for pain and suffering. As of 2024, the cap is $890,000, but this amount increases annually.
Keeping yourself updated on these points can help you deal with what comes after a birth injury. Always consider consulting with a legal professional to ensure you understand your rights and options.
Final Thoughts
Dealing with a birth injury can be hard for any family. It’s good to know you’re not alone in this. Getting help from doctors and lawyers can make a difference. By taking the right steps and standing up for your child, you can work towards a better future for your family.
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