Protecting Your Child’s Future Care After a Maryland Birth Injury and How a Lawyer Can Help

Birth injuries can have long-lasting and devasting effects on both the child and the family. When these injuries happen in Maryland’s medical facilities, it is important to understand your legal rights and how to protect your child’s future care.

This blog will cover key topics such as what qualifies as a birth injury and what steps parents should take right away. We also discuss the legal protections available in Maryland and the long-term care needs your child may face.

At The Law Offices of Peter T. Nicholl, we are committed to helping families navigate the complexities of birth injury cases. We have more than 30 years of experience and have secured billions for our clients. If your baby has suffered a birth injury, our highly qualified birth injury lawyers in Maryland are here to offer the guidance and support needed to ensure your child’s care is fully covered for the future.

Call 410-220-5827 for a FREE initial consultation

What Constitutes a Birth Injury in Maryland Medical Facilities?

A birth injury in Maryland is the physical harm caused to a newborn during labor, delivery or shortly after birth. These injuries can occur due to substandard care, such as improper handling, failure to monitor the baby’s health, or errors made during delivery. Common examples include brachial plexus injuries, cerebral palsy, and fractures caused by excessive force or the use of forceps or vacuums.

In Maryland, birth injuries may be the result of other types of negligence or mistakes by healthcare providers. If a medical professional’s failure to meet the expected standard of care directly leads to an injury, it may be grounds for a medical malpractice claim. The law holds medical facilities responsible when their actions or inactions directly cause harm to the infant during the birth process.

What Immediate Steps Should Parents Take After Discovering a Birth Injury?

If you discover a birth injury, there are immediate actions you can take to ensure the well-being of your child and to preserve their legal rights.

Here are some initial steps you can take right away:

• Seek immediate medical attention for the child to address any health concerns.
• Document all injuries and medical treatments received by the child.
• Consult with a birth injury lawyer to understand legal options and protect your rights.
• Keep detailed records of all communications and medical bills related to the injury.

How Do Maryland’s Laws Protect Children Affected by Birth Injuries?

Maryland’s laws offer important protections for children affected by birth injuries, ensuring families have legal options to secure compensation and future care. These protections focus on holding negligent healthcare providers accountable and ensuring the injured child’s well-being is prioritized.

Legal Protections for Children in Birth Injury Cases

Maryland law allows parents to pursue compensation for medical expenses, pain and suffering and long-term care caused by birth injuries. The legal system recognizes the impact of these injuries on a child’s future and works to secure the necessary resources for their care.

How Maryland’s Medical Malpractice Laws Apply

Under Maryland’s medical malpractice laws, parents can file claims when a healthcare provider’s negligence causes harm during childbirth. These laws help establish liability for errors made by doctors, nurses or hospitals during labor and delivery, providing a basis for legal action.

Compensation for Ongoing Medical Care

Maryland allows compensation for both immediate and future medical needs, including surgeries, therapies and specialized care required throughout the child’s life. A successful claim can ensure the child receives the necessary care to support their development and well-being over the long term.

Long-Term Care and Support Options

Maryland law recognizes the importance of securing long-term care for children affected by birth injuries. Families may be entitled to compensation for nursing care, physical therapy and home modifications, as well as other necessary support services for a child’s ongoing needs.

Statute of Limitations in Birth Injury Cases in Maryland

Maryland medical malpractice plaintiffs who were injured as minors have a specific filing deadline, which is three years following the date of their eighteenth birthday. This means victims who suffered birth injuries have until their twenty-first birthdays to take legal actions for themselves.

Limitations on a Parent’s Claim Versus a Child’s Claim

An essential point to know about birth injury cases is that both the parents and their minor child may each file separate claims against the negligent medical professional.

Parents can pursue claims for medical expenses incurred while treating the child’s injuries and for the loss of the child’s services. The child can seek compensation individually for treatments they needed after reaching age 18, as well as for pain and suffering caused by the injury. In certain situations, the child may also be eligible to recover damages for earnings lost due to the injury.

Different Statutes of Limitations Apply

Different statutes of limitations apply to parent and child claims in birth injury cases. While an injured child can assert claims until their twenty-first birthday, the parents typically must adhere to Maryland’s standard three-year statute of limitations.

It is important for parents to act promptly and seek legal advice as soon as possible to avoid missing the deadline. Failing to file within the statute of limitations can result in the loss of the right to pursue compensation for the birth injury.

What Long-Term Care Needs Might Your Child Require After a Birth Injury?

Children who suffer birth injuries often require long-term care to address both physical and developmental challenges. These needs can vary based on the severity of the injury, but common requirements include ongoing medical and therapeutic support.

• Physical therapy to improve mobility and strength
• Speech therapy for language and communication development
• Occupational therapy to assist with daily living skills
• Specialized medical care, such as surgeries or treatments
• Behavioral therapy to support emotional and social development
• Home modifications for accessibility and safety
• Long-term nursing care or assistance with daily activities

How Is Compensation for Maryland Birth Injuries Calculated?

Compensation for birth injuries in Maryland is typically calculated based on both economic and non-economic damages. Economic damages are easily quantified costs, such as medical bills, future healthcare expenses, lost wages for parents and the costs of long-term care. Non-economic damages account for the emotional toll, pain, suffering and loss of quality of life caused by the injury.

The calculation also considers the severity of the injury, the long-term needs of the child and any potential future complications. Experienced attorneys work with medical experts and financial planners to ensure that all current and future costs are accurately assessed and included in the claim to secure fair compensation.

How Can a Maryland Birth Injury Attorney Establish Liability?

A Maryland birth injury attorney works to establish liability by thoroughly investigating the circumstances of the injury and identifying any medical errors or negligence. The goal is to demonstrate that the healthcare provider’s actions or inactions directly caused the injury.

Investigating the Medical Records

The attorney reviews the child’s medical records to identify any signs of negligence, such as improper monitoring, delays in treatment or failure to respond to complications.

Consulting with Medical Experts

Medical experts are brought in to evaluate the case, provide opinions on standard practices and confirm whether the injury was caused by medical malpractice.

Identifying Negligence or Mistakes

The attorney examines whether the healthcare provider failed to meet the required standard of care, which could include mistakes made during labor, delivery or post-delivery care.

Proving the Connection Between the Injury and Negligence

The attorney must establish a clear link between the medical error and the birth injury, showing that the injury would not have occurred if proper care had been provided.

Building a Case for Compensation

Using the evidence gathered, the attorney builds a case that demonstrates the long-term effects of the injury, helping to secure fair compensation for the child’s medical expenses and ongoing care.

What Medical Experts Are Crucial for Maryland Birth Injury Cases?

In Maryland birth injury cases, medical experts are essential in helping to explain what happened and how it affected the child. They provide expert opinions on the standard of care, how the injury occurred, and what the long-term consequences may be for the child’s health.

Important experts include obstetricians, pediatricians, neurologists, and other specialists who can help clarify the cause of the injury. Additionally, life care planners and financial experts can assess future care needs and associated costs, ensuring families receive the compensation needed for ongoing medical expenses.

How Do Settlement Trusts and Special Needs Trusts Work for Maryland Families?

Settlement trusts and special needs trusts are valuable tools for Maryland families affected by birth injuries. It provides financial security for children with long-term care needs. These trusts ensure that compensation awarded in a birth injury case is used appropriately to support the child’s future while preserving eligibility for government benefits.

• Settlement Trusts: Set up to manage compensation from a legal settlement, ensuring it is used for the child’s medical care, therapies, and other long-term needs.
• Special Needs Trusts: Specifically designed to protect a child’s eligibility for government benefits like Medicaid while using the trust funds for additional care and services not covered by those programs.
• Asset Protection: Both trusts help protect the assets from being counted against the child in determining eligibility for financial assistance programs.
• Ongoing Care: Funds in the trust can be used for long-term medical expenses, home modifications and other necessary support services throughout the child’s life.

How Maryland Attorneys Help Secure Lifetime Medical Care Coverage

When a birth injury occurs, families face not only immediate medical challenges but also the daunting prospect of lifelong care costs. Maryland medical malpractice attorneys play a crucial role in securing the financial resources you need for your child’s lifetime medical care through several key approaches:

Calculating Lifetime Care Costs with Medical Experts

A skilled Maryland birth injury attorney works with medical economists, life care planners, and medical specialists to develop comprehensive projections of your child’s lifetime needs. These experts consider:

• Ongoing therapy requirements (physical, occupational, speech)
• Future surgical interventions
• Adaptive equipment and technology
• Home modifications
• Specialized educational support
• Medication and treatment costs
• Potential lost earnings capacity

This detailed analysis ensures any settlement or verdict adequately addresses the full scope of future care needs, not just immediate expenses.

Negotiating with Insurance Companies

Insurance companies typically aim to minimize payouts, but experienced Maryland attorneys understand how to counter these tactics by:

• Presenting compelling evidence of liability
• Documenting all current and projected medical expenses
• Demonstrating the full impact on quality of life
• Leveraging their reputation and track record in similar cases

A seasoned attorney’s negotiation skills often result in settlements that provide comprehensive coverage without the stress of a trial.

Establishing Special Needs Trusts

Medical malpractice attorneys in Maryland can help establish specialized financial structures to protect your child’s financial future. A properly structured special needs trust:

• Preserves eligibility for essential government benefits
• Ensures funds are used exclusively for your child’s care
• Provides professional management of settlement funds
• Creates protection from creditors or mismanagement
• Allows for flexibility as medical needs evolve

Pursuing Maximum Compensation at Trial

When settlement offers are inadequate, Maryland birth injury attorneys can take your case to trial, where they:

• Present compelling expert testimony
• Utilize medical visualization technology to illustrate injuries
• Demonstrate the emotional and financial impact on your family
• Navigate Maryland’s complex medical malpractice laws
• Counter defense strategies from hospital legal teams

Maryland’s experienced medical malpractice attorneys understand what’s at stake—not just compensation, but your child’s future quality of life and access to necessary care.

Why Experienced Maryland Birth Injury Representation Matters for Your Child’s Future

Experienced Maryland birth injury attorneys play a vital role in ensuring that families receive the compensation and support needed for their child’s future care. Their expertise helps secure fair settlements and protect long-term interests in a complex legal process.

Knowledge of Maryland’s Legal Landscape

Experienced attorneys understand Maryland’s specific laws and procedures, ensuring that claims are filed within the proper time frame and that all legal avenues are explored.

Ability to Navigate Complex Birth Injury Cases

Birth injury cases often involve intricate medical details, and skilled attorneys can effectively handle these complexities, building a strong case on behalf of the family.

Access to Medical and Financial Experts

Experienced lawyers have connections with medical professionals and financial experts who can assess the child’s ongoing care needs and help determine appropriate compensation.

Experience in Negotiating Fair Settlements

A skilled attorney knows how to negotiate with insurers and other parties to secure a fair settlement that covers both immediate and future medical costs

Ready to Take the Next Steps? Contact Our Firm for Legal Guidance

If you are facing the challenges of a birth injury case, the team at The Law Offices of Peter T. Nicholl is here to help. We understand the emotional and financial toll this situation can take, and we are committed to supporting you through every step of the legal process. Contact us today to learn more about how we can assist in securing the care and compensation your child deserves. Let us help you protect your child’s future.

Proven Results. No Upfront Costs or Fees. Call 410-220-5827 today.