Frederick Birth Injury Lawyer

The birth of a child is a truly momentous event for a family that ushers in a new, exciting season of life. However, when the joy of welcoming a new child into the world is marred by medical negligence and injury, families may be left facing devastating outcomes. If your child sustained injures at birth and you believe there was a breach in the medical standard of care, you may need to speak with a qualified Frederick birth injury lawyer.

A competent medical malpractice attorney could investigate the details of your child’s birth to better understand what happened and whether negligence was a factor in their injury. If a doctor or other medical provider failed to uphold the appropriate their standard of care, you may be entitled to monetary compensation.

Overview of Birth Injury Claims

Birth injuries are wide-ranging and frequently result in long-term or permanent physical challenges. Cerebral Palsy, Erb’s Palsy, vacuum injuries, brain injuries, spinal cord damage, paralysis, and complications from improperly managed jaundice, and hypoxia are common birth injuries.

There is a certain legal standard that must be met to file a viable birth injury claim. Plaintiffs must show that the medical provider’s care fell below the industry standard of care that a reasonably competent doctor would have followed in a similar situation.

If a physician or other healthcare worker violates their legal duty to provide a reasonable standard of care and a patient is injured, they could be held liable for medical negligence. Cases involving alleged medical negligence are often exceedingly difficult to prove and require skilled legal representation. A local birth injury attorney could help build a strong claim that details the full extent of the child’s injuries and losses and why the medical provider is liable.

The Statute of Limitations for Frederick Birth Injury Cases

Maryland Courts and Judicial Proceedings § 5-109 outlines the statute of limitations for medical malpractice cases. The general deadline to file a malpractice case is five years from the date of the medical provider’s mistake, if not immediately discovered by the injured party. Otherwise the general deadline is  three years from the day they learn about the injury to get a claim started. It should be noted, that if more than five years have passed since the medical error, victims are usually barred from financial recovery.

However, in the case of minor children who are injured due to medical malpractice, such as a birth injury, some specific exceptions apply to the statute of limitations. When a minor child is the victim of medical negligence, they have until they turn 21 years of age to file a lawsuit to recover their damages. A dedicated attorney can explain these complex filing deadlines and how they may affect someone’s case for compensation.

Common Birth Injury Damages

The damages sustained due to a birth injury can impact the child throughout their growing up years and into adulthood. Common birth injury damages that could lead to compensation include hospital bills, surgery bills, occupational therapy costs, physical therapy, long-term care costs, pain, and suffering. Parents who suffer wage loss due to taking time away from work to care for their child may be entitled to damages for their lost income as well. If the court determines that the negligence shown by the medical team was particularly egregious, they may award punitive damages to discourage such behavior in the future.

Contact a Frederick Birth Injury Attorney Today

A Frederick birth injury lawyer could work to pursue a favorable verdict and fight to gain maximum financial recovery for the losses your family has endured. If a doctor’s negligent wrongdoing caused your child to suffer harm, you could hold them accountable through the civil court system. To get started, call a lawyer today.

Frederick Medical Malpractice Lawyer