How Common Is Birth Injury In Maryland And DC?
Every year, across Maryland and in DC, babies are injured during birth. In 2021, the Centers for Disease Control found that 34.3% of babies were born by c-section in Maryland. 10.69% were born early (preterm). 8.91% were born with low weight. CDC National Center for Health Statistics 2021. Babies born in rural communities are more likely to be injured during delivery. While most births turn out fine, when it goes wrong, you and your family are left with many questions and faced with a lifetime of medical expenses.
For over 30 years, Frank Spector has helped families in Maryland and DC obtain justice for birth injuries. https://www.frankspectorlaw.com/case-results. I can help you too. You can call me at 443-845-1456 24 hours a day, 7 days a week. You can reach me immediately by entering your information in any of the Contact boxes on this website. You can also email me anytime at [email protected]. I look forward to helping you with your Maryland or DC birth injury case.
What Records Are Required To Investigate A Maryland Birth Injury Case?
All states have different requirements In Maryland and DC, the investigation of a birth injury case begins with obtaining all the necessary medical records. Check out https://www.frankspectorlaw.com/videos to learn more about medical records. What has to be obtained include:
- Prenatal records. These are the records of all the visits you made to your obstetrician (obgyn). As part of the prenatal records are sonogram films, lab results, vital signs, measurements of the baby.
- Labor records. These are all the doctor notes, nursing notes, labs, vitals, baby monitor tracings and a description of the delivery.
- Newborn records. These are notes by the doctors and nurses taking care of your baby, labs, vitals, MRI films and reports, CT scans and reports, blood work.
- Pediatrician records. Theses record will show all problems with the baby's development
- Neurology records. If your baby was seen by a neurologist because of a diagnosis of cerebral palsy, these records will be important
- Therapy records. Occupational and physical therapy notes
- School records. IEP's will show any areas of developmental delay
What Happens After The Records Are Obtained?
After the records are received, then medical doctors are consulted. The law requires that a team of doctors come to court and are willing to testify under oath that: there was birth injury malpractice (also know as negligence). They do this by reviewing the records and using relevant medical literature along with their experience. These medical doctors are required to be in practice and not to devote more than 20% of their professional time to testifying in court on personal injury claims.
Once a case is ready for filing, the lawsuit is filed in the appropriate county in Maryland or the District of Columbia. The lawsuit has to be served on the doctor or hospital and a lawyer will enter his or her appearance. The most time spent on a case is discovery. Discovery is the process where each side has the opportunity to "discover" each side's claims. Both sides will have to give depositions, which is testimony under oath. Discovery can take many months.
After discovery, the case will either settle if the parties can agree. If not, there will a trial before a jury. In Maryland, a jury of 6 people decide the case. The jury will hear all the evidence and must reach a unanimous conclusion.
How Long Does a Birth Injury Case Take To Complete?
A case in Maryland and DC can take close to 2 years from start to finish. There is a lot of work to do in a birth injury case. Much of the time is spent in discovery. Discovery is the legal term for all the steps that need to be accomplished such as interrogatories (written questions), deposition (oral testimony), subpoenas, court filings and expert reports.
What Is the Statute of Limitations For A Birth Injury Case?
In Maryland and DC, a child can bring a birth injury lawsuit up until 21 years old. This is the simple answer. The longer answer is that parents have 3 years from the date of birth to file a claim on their own behalf and for the child's claims up until 18 years old. But if the three years expires before you call a lawyer the case can still be brought. In Maryland, the case of Pepper v. Hopkins,346 MD.679 allows for a parent to bring a claim for pre-majority expenses even after three years. Call to speak to Frank Spector for more on this topic.
What Will A Birth Injury Case Cost Me?
You win or its free. This means that the lawyers will advance all costs, including all costs for investigation. If the case is not accepted or if the case is lost at trial, you owe nothing.
Examples of Birth Injury Case Types
Birth injury cases come in many types. These include:
- Delay in delivery causing cerebral palsy and brain damage.
- Placental Abruption
- Meconium Aspiration Syndrome
- Preterm Labor
- Failure to insert a cerclage-incompetent cervix
- IUGR (intrauterine growth restriction)
- Erb's Palsy (brachial plexus palsy)
- Fetal Acidosis
- Kernicterus
- Infections from mom to baby
- Prolapse umbilical cord
- Low amniotic fluid(oligohydramnios)
Verdicts and Settlements In Birth Injury Cases
Birth injury malpractice verdicts and settlements can range greatly. It is common that millions of dollars are recovered. A birth injury malpractice settlement is an agreement the parties reach to resolve a case before it goes to trial. A birth injury malpractice verdict is when a jury finds that there was malpractice and also makes a money award. Frank Spector has successfully helped many families in birth injury malpractice.
- $1.5 million dollar verdict for a child with Erb's Palsy
- $2.5 million settlement for a child born in DC
- $2.5 million settlement for a child in Allegheny County, Maryland
- $1.1 million for a child injured in Baltimore
Contact Maryland Birth Injury Lawyer Frank Spector
If you have any questions about birth injury in Maryland or DC, please call 443-845-1456 to speak with lawyer Frank Spector. You can also email me at [email protected], or fill out the contact form on any of the pages of this website. I look forward to speaking with you.