When a birth injury occurs, the emotional and physical consequences can last a lifetime. Whether caused by negligence during labor, delivery, or prenatal care, these injuries can change the trajectory of your child’s life.
If you suspect your child’s birth injury was the result of medical malpractice, understanding the birth injury statute of limitations in Maryland is crucial to ensuring you can seek justice and compensation.
At Brockstedt Mandalas Federico LLC (BMF), we focus on seeking justice in medical malpractice cases, including birth injury claims. Our team of compassionate, experienced attorneys is dedicated to helping families navigate the complexities of Maryland’s legal system.
In this blog, we’ll break down the birth injury statute of limitations and provide critical information about when you must file a lawsuit to protect your rights.
Understanding the Birth Injury Statute of Limitations
A birth injury statute of limitations is a legal deadline that limits when you can file a lawsuit after your child sustains a birth injury. This time frame is especially important for birth injury cases, as injuries may not always be immediately apparent.
In Maryland, the statute of limitations on birth injury cases is governed by specific laws that take into account both the nature of the injury and the victim’s age. Knowing these timelines is essential, since failing to file within the prescribed time could prevent you from obtaining compensation for your child’s injury. Let’s break down the key points families should understand about these laws.
General Statute of Limitations for Medical Malpractice Cases
Under Maryland law, the general statute of limitations for medical malpractice claims is three years from the date you discover the injury. However, you generally cannot file a medical malpractice lawsuit more than five years after the injury occurred, even if you discovered it later (although there is an exception for minors, which we discuss further below).
Here are some examples to illustrate:
- The injury was immediately apparent on the day it occurred. In this case, you would have three years from the date of the injury to file.
- The injury does not become apparent until a year after it occurred. In this case, you would have three years from the date of discovery to file.
- The injury does not become apparent until three years after it occurred. In this case, you would have only two years from the date of discovery to file because you can’t file more than five years after the injury occurred.
This general statute of limitations would apply to any claim the parents personally have based on their child’s injury or claims a mother may have for her own injuries suffered during the birth. However, a different rule typically applies to claims the child has for their own injuries.
Exceptions for Minors: Child Birth Injury Statute of Limitations
Under Maryland law, the statute of limitations for young children who suffer medical malpractice injuries is paused until the child turns 18 years old. That individual will have three years from their 18th birthday to file a claim.
Why Timing Is Critical: The Importance of Taking Action
While Maryland law offers an extended statute of limitations for minors, it’s still vital to act promptly. Birth injury cases often involve detailed medical records, expert evaluations, and complex legal arguments. The sooner you consult with a skilled attorney, the better your chances of securing the evidence needed to build a strong case.
Additionally, medical records can be lost or become harder to obtain, which could hinder your ability to pursue justice. Therefore, while you may have many years to file a claim, taking early action helps ensure that all critical evidence is preserved and helps prevent unnecessary delays.
Steps to Take After a Birth Injury
If your child has suffered a birth injury, here are the steps you should take to protect your legal rights.
Document Everything
Gather and maintain detailed records of your child’s medical treatment, including prenatal care, labor and delivery, and any post-birth evaluations. This documentation will be critical in supporting your claim.
Consult an Experienced Birth Injury Attorney
Reach out to a law firm with a long history of handling birth injury and medical malpractice cases. An attorney with experience in these areas can guide you through the legal process and ensure your claim is filed within the appropriate timeframe.
Gather Expert Evidence
Your lawyer will work with medical professionals to gather expert testimony and review medical records to determine if negligence occurred. This evidence is key to proving your case.
Act Quickly
While you may have several years to file your claim, acting promptly gives you the best chance of success. The sooner you reach out to a lawyer, the more time they have to build your case and preserve vital evidence.
Why Choose Brockstedt Mandalas Federico
At Brockstedt Mandalas Federico LLC, we understand how challenging it can be to face the aftermath of a birth injury. Our team of experienced attorneys is here to help guide you through every step of the legal process. With a proven track record in medical malpractice cases, we are ready to fight for the justice and compensation your family deserves.
We take a compassionate approach, ensuring that you feel heard, supported, and well-informed throughout the entire process. We are committed to handling the legal and medical complexities of the case so that you can focus on your child’s recovery.
Brockstedt Mandalas Federico: Your Trusted Advocates in Birth Injury Cases
The birth injury statute of limitations in Maryland is a critical factor in determining your ability to seek justice for your child’s injuries. Understanding these time limitations is essential to preserving your rights and protecting your child’s future. At Brockstedt Mandalas Federico LLC, we are here to guide you through the legal process, ensuring that you can pursue the compensation you deserve for your child’s birth injury. We are proud to have a track record of recovering millions in financial relief for young victims of medical malpractice, and we are prepared to help you. Contact us today to schedule a consultation. Let our team of dedicated attorneys help you navigate the complexities of birth injury cases and fight for the justice your family deserves.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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