Maryland Birth Injury Lawyer
- Why Should You Choose Levin & Perconti to Handle Your Birth Injury Case?
- Types of Birth Injury Cases We Handle
- Compensation Available in a Maryland Medical Malpractice Case
- Maryland Laws on Birth Injuries
- Risk Factors for Birth Injuries in Maryland
- Helpful Resources for Families in Maryland
- Speak with a Maryland Birth Injury Lawyer
Birth injuries can lead to developmental delays, cognitive impairment, and physical disabilities in children, which may impair their ability to become independent adults. Injured children may require early educational intervention and full-time care unavailable in traditional daycare settings.
When medical negligence is to blame for your child’s injuries, it is only right that the responsible health care providers bear these costs. Our experienced Maryland birth injury attorneys have helped thousands of families recover the compensation they need to care for their injured children and give them the brightest future possible. Contact us today for a free case review.
Why Should You Choose Levin & Perconti to Handle Your Maryland Birth Injury Case?
We have been advocating for families and children with birth injuries for more than 30 years. Our accomplished birth injury and cerebral palsy lawyers in Maryland are nationally recognized advocates of children and families coping with birth injuries. With experience handling cases nationwide, we are pioneers in birth injury litigation who have set the standard for birth injury advocacy.
Attorney Dov Apfel is a national speaker, author, and lecturer on cerebral palsy and other neurological disorders caused by birth injury. He started his legal career in Maryland in 1979 and has spent the last 40+ years aggressively advocating for families and children dealing with devastating birth injuries.
He is the former chairperson of the Medical Negligence Section, former co-chair of the Birth Trauma Litigation Group of the Maryland Association for Justice, and a recognized Maryland Super Lawyer. He has won multiple multimillion-dollar verdicts and settlements for families of children catastrophically injured at birth.
Seth L. Cardeli
Seth Cardeli is one of the nation’s most respected and recognized birth injury lawyers, with over a decade of experience. His record of multimillion-dollar verdicts and settlements has made him a leader in the legal community. He currently serves as the co-chair of the American Association of Justice’s Birth Trauma Litigation Group and a member of the Maryland Association of Justice.
Landmark Birth Injury Results
We have recovered more than $2 billion in compensation for our clients. Our historical birth injury case results include the following:
- $40 million verdict for a 19-year-old disabled teen who suffered a severe brain injury during birth due to a delayed C-section
- $20 million verdict for a child who suffered preventable HIE and asphyxia injuries at birth, resulting in permanent cognitive and developmental impairments
- $14 million for the family of a child who suffered a brain injury from lack of oxygen due to negligent fetal monitoring and a delayed C-section
- $11.5 million FTCA settlement for a child born at the U.S. Naval Hospital in Guam who suffered a catastrophic hypoxic-ischemic brain injury from negligent neonatal resuscitation and intubation
- $9 million settlement to the family of a baby who suffered permanent brain damage after a doctor failed to test the mother for Group B Strep Meningitis during prenatal care
- $6.5 million settlement for a young girl who suffered a brain injury resulting in cerebral palsy after physicians failed to timely perform a C-section
Unparalleled Client Satisfaction
The most rewarding aspect of our job is making a difference in the lives of families, and it shows in the client feedback we regularly receive, such as the following:
Types of Birth Injury Cases We Handle
We handle a variety of birth injury cases involving mothers and children who suffered lasting harm during pregnancy, birth, or shortly after birth, such as the following common birth injuries:
- Hypoxic-ischemic encephalopathy, or HIE, is brain damage that results from an interruption in the flow of blood and oxygen to the brain during pregnancy or birth. Malpractice that can lead to HIE includes failure to promptly detect and address fetal distress or umbilical cord compression, delayed C-section, and substandard prenatal care.
- Cerebral palsy is a movement disorder caused by brain damage that can affect the arms or legs on one or both sides of the body. Cognitive impairment, seizure disorders, and problems with vision or hearing often accompany this condition. It is often the result of oxygen deprivation during birth.
- Brachial plexus injuries are damage to the bundle of nerves in the neck and arms, which can cause weakness or paralysis to all or part of the arm or diaphragm on one side of the body. Brachial plexus injuries are commonly caused by a doctor’s failure to prevent shoulder dystocia, applying excessive force during shoulder dystocia, or performing improper breech births.
- Intracranial hemorrhages are bleeding between the skull and the brain, which can cause intracranial pressure, bleeding on the brain, or excessive blood loss, leading to severe brain damage and seizures. Intracranial hemorrhages often result from improper forceps use or vacuum extraction.
These are just a few examples of the types of cases we handle. If you or your child has suffered a birth injury of any type, contact us now for a free consultation.
Compensation Available in a Maryland Medical Malpractice Case
You and your child both have the right to pursue damages for your respective losses stemming from a birth injury. Parental damages may include medical expenses that you are responsible for, lost wages, and care and education expenses for your child. Lost wages may include missed work days and long-term income loss as a result of a parent sacrificing a career to care for the child’s special needs.
Your child’s damages can include medical expenses your child may be responsible for as an adult, lost earning capacity, and pain and suffering. Children are not entitled to claim medical damages that occurred while they were minors. These damages are awardable to the parents or guardians.
Children can also pursue damages for their future lost earning capacity if their injury has resulted in an incapacitating disability that will adversely impact their earning capacity. Parents and children can both pursue damages for pain and suffering, respectively.
Medical expenses in Maryland are calculated based on the amount already paid and the amount you are obligated to pay. Future medical expenses may be determined by a neutral party appointed by the court.
Maryland Limits On Birth Injury Damages
State law limits damages for pain and suffering. This limit is known as the non-economic damages cap. This amount is adjusted annually. The 2023 non-economic damages cap is $875,000. It will increase to $890,000 in 2024.
Maryland Laws on Birth Injuries
To qualify for damages, you must comply with Maryland laws and procedures when filing your case.
Maryland’s Health Claim Requirements
The Maryland Health Care Alternative Dispute Resolution Office provides an arbitration system for most medical malpractice claims. During this arbitration process, your case will be heard by a panel of arbitrators that consists of an attorney, a health care provider, and a member of the public.
The panel will decide if the health care providers are liable and for how much. This determination can be appealed through the Circuit Court.
You and the defendants have the right to waive arbitration and go directly to Circuit Court for trial. In this case, you will be required to submit a certificate of merit. A certificate of merit is a report completed by a qualified health care provider that verifies that your child was injured because the standard of care was breached.
By mutual agreement of both parties, the court may also refer your claim to a neutral evaluator at the Health Care Alternative Dispute Resolution Office. However, the Circuit Court maintains jurisdiction in this case.
Time Limit on Birth Injury Claims In Maryland
The Maryland statute of limitations for birth injuries is three years from the injury date or the date you discovered or should have discovered the injury. However, you cannot file your case more than five years after the malpractice occurred. For claims filed on the child’s behalf, the clock starts to run on the child’s eleventh birthday.
Since the child will still be a minor, a personal representative must file the claim on the child’s behalf. Typically, this is a parent.
If the injury leads to death, a wrongful death claim must be filed within three years of the death.
Proving a Birth Injury Claim in Maryland
Birth injury lawsuits are part of the medical malpractice category, which requires you to prove all of the following:
- The defendants owed a duty of care.
- The defendants breached that duty by failing to provide a reasonable standard of care.
- An injury occurred because of the breach of duty, which would not otherwise have occurred.
- The breach of duty is the actual and proximate cause of the injury.
Before filing your lawsuit, you must obtain a certificate of merit from a qualified medical expert verifying that these elements have been satisfied. The certificate must be served on all defendants at least 90 days before you file suit. Without this affidavit, your lawsuit could be dismissed.
During our 30+ years in business, we have built a large network of reputable medical experts who can provide the required affidavit and help us meet the above burden of proof. Contact us now for a free consultation.
Risk Factors for Birth Injuries in Maryland
The following birth injury risk factors are among the leading causes of death in neonatal infants in Maryland, according to the 2020 Infant Mortality Report:
- Low birth weight
- Complications in the mother
- Complications involving the placenta or umbilical cord
Low birth weight often results from premature birth, which can occur because a physician failed to detect maternal infections during pregnancy, reduced fetal movement, preeclampsia, or gestational diabetes. Premature birth can sometimes be prevented if it is detected early. Providers have a responsibility to educate expectant mothers on the warning signs of preterm labor.
Racial Disparities in Birth Injury Risk
We are facing a nationwide crisis regarding the care and treatment of women of color during pregnancy, including in Maryland. According to 2020 data, black infants are four times more likely to die from low birth weight and seven times more likely to die from maternal complications.
The Baltimore area had the highest rates of all infant deaths in 2020, with an overall death rate of 6.3 infants for every 1,000 live births. Among black infants, the death rate was a staggering 11.7 per 1,000 live births. Similar racial disparities are observable throughout the state.
If you are a woman of color and you or your infant has experienced a birth injury, our dedicated Maryland birth injury lawyers will work hard to uncover evidence of mistreatment and racial bias during pregnancy and birth and fight tirelessly for justice for you and your child.
Helpful Resources for Families in Maryland
The following resources are available throughout the state to help and support children and families dealing with birth injuries:
- The Maryland Infants and Toddlers Program, or MITP – Early education and support services for young children with developmental delays and disabilities
- The Brain Injury Association of Maryland – Assistance and support for Maryland residents with brain injuries
- The Phelps Center for Cerebral Palsy at the Kennedy Krieger Institute – Comprehensive care and rehabilitation for children and adolescents with developmental disorders
- The Parents’ Place of Maryland – A support and referral organization for parents of children with disabilities primarily staffed by parents of disabled children
- The Arc Maryland – A support and advocacy organization for children and families dealing with intellectual and developmental disabilities that is part of the national support network Arc US, serving 19 Maryland counties and Baltimore City
Speak with a Maryland Birth Injury Lawyer
When you or your child has suffered a birth injury in Maryland, you can count on the experience of our nationally recognized Maryland birth injury lawyers. We are ready to fight for the compensation you deserve, but time is limited.
Contact us today for a free consultation.