Profit Off Baby’s Maryland Childbirth Injury?
“My baby went without oxygen for over 5 minutes during my vaginal delivery and the doctors and nurses did not do anything about it.”
“I learned after the fact that because of the complications I was going through I should have had an emergency C-section.”
“Now my daughter has brain damage and she can’t talk.”
“She can’t walk.”
“She can’t tell me if she is happy or sad.”
“After multiple doctors and labor and delivery nurses looked at my records and situation, they could not tell me why the doctors and nurses did not do what they were trained to do during my baby’s birth.”
This is just a short bit of what was essentially posted on a social media site from a mother dealing with a child who had suffered a brain injury at birth.
She was trying to share her experience with other parents who may have been going through the same thing.
Because of mounting medical bills, and the need for future medical care, this mother and her husband decided to file a medical malpractice claim on behalf of her daughter.
With that said, some of the comments which ensued were pretty sad, to say the least, and many came from parents who had never had to care for child injured at birth.
One commentator even said that the parents were looking to profit off baby’s Maryland childbirth injury.
The Use Of A Trust…
If you have had an opportunity to read our educational articles or watch our educational videos then you know a little bit about how the childbirth injury process works in Maryland.
As a result of this, you can probably spot ignorant and short sighted comments regarding this process.
When a person makes a comment like what I stated above (parents making a “profit” in cases like this), they really should take some time and educate themselves on the process.
In childbirth injury cases, the parents are not the ones who will see the money.
The money paid out in cases like this where liability is established is paid to the child.
This money is placed in a court approved trust for the benefit for the child.
For example, if the child needs a new wheel chair then money is used to help the child get their chair.
If the child needs future medical treatment, the money is used to help with the future treatment etc…
Who Are The Ones Usually Attacking These Parents?
In my experience many of the people who aggressively attack parents for trying to help their child when they have suffered a birth injury due to the carelessness of others are individuals in the medical field, or other parents who have no clue what these families are going through.
Many of the arguments have nothing to do with what is medical malpractice in Maryland.
Maryland law does not analyze these cases on whether the actions of the doctors or nurses were “intentional,” as put forth by many who attack parents.
Because the doctors and nurses did not “intend” to cause their child harm the parents and child should just deal with it
In our legal system if a person causes us harm through their carelessness, then they are held responsible for the harm they have caused.
What Can You Do Next If You Have More Questions?
If your child has been injured at birth, and the injury happened here in Maryland this is what I invite you to do, and it costs you nothing to take this next action.
Pick up the phone and give me call.
I can be reached at 301-850-4832.
I answer Maryland childbirth injury questions like yours all the time and I’ll be happy to speak with you about your story.