Baltimore, MD – Unfortunately, some babies come home from the hospital after birth with various types of injuries that can severely affect their quality of life. The family does have the option of taking legal action against the hospital and doctor responsible for these issues, but there are special medical malpractice rules in every state that dictate how a case must be brought. Assistance from attorneys who focus on these kinds of cases is necessary to successfully win a verdict or settlement for compensation.
Malpractice cases and Maryland law
Most legal actions related to injuries that take place during any kind of medical procedure or operation are technically considered medical malpractice. While medical malpractice laws are similar to personal injury cases for negligence, each state does have slightly different laws that govern how victims can sue a hospital or doctor.
Filing requirements and an expert certificate
The most important additional requirement for any medical malpractice action is for the plaintiff to file a certificate of a qualified expert within 90 days of the initial filing of the lawsuit. Most states require a similar filing or hearing within the early part of the lawsuit from a doctor or medical expert familiar with the procedure in question.
Under Maryland law, this certificate needs to contain information from a licensed medical professional or other expert who has specific knowledge of the procedures in question in the lawsuit. They must also understand the relevant standard of care, and have evidence available to them regarding when or how this standard may have been breached by the defendant. Courts can modify or waive this requirement in rare circumstances, but the certificate from the expert is generally a requirement if the plaintiff does not want to have their malpractice case dismissed.
Damages for birth injuries
If a plaintiff is successful in their injury lawsuit, they can ask for an amount of damages that will cover all of the losses which can be traced back to the doctor’s negligence. This includes payment for additional medical treatment and care, the emotional pain and suffering of the victim, future lost income or career prospects, and other problems that are associated with the initial injury. However, Maryland law does place certain caps or limits on damages in these kinds of cases.
Damages tend to increase with the severity of the birth injury, so it is important for a victim to get advice from an attorney who is experienced in the field and understands the medical malpractice filing requirements in Maryland.
Learning more from a local legal professional
USAttorneys.com can help people who are dealing with birth injuries in Baltimore and other cities find the right lawyer for their case. Anyone who needs legal assistance can choose a practice area and their state to get more information.