IF I DO NOT FILE A CLAIM FOR MY BABY’S BIRTH INJURY CAN SHE DO IT LATER?
If I do not file a claim for my baby’s birth injury can she do it later? This is a very important question that we received in our office recently. There are a couple of issues that parents of children who were injured at birth need to know.
I WAS NOT INJURED, SO WHAT CAN I DO AS A PARENT?
The first important point is both the parents and the child could have claims against the medical provider for injuries suffered during the labor and delivery process. The parents’ claims are subjected to statute of limitations from the time the injury/damage occurs. If the parents act now, they can bring all the necessary claims on behalf of themselves and their baby/child.
For the baby, the statute of limitations is a bit different. The statute of limitations is tolled (paused) until your child reaches the age of majority in Maryland. Once your reaches majority, he or she can bring any claims stemming from their birth injury on their own. (Please note that if you are dealing with this issue you should speak with your own attorney to get advice on your specific set of facts. This issue is that important!)
IS IT A GOOD IDEA FOR MY CHILD TO MAKE THAT DECISION ONCE SHE BECOMES AN ADULT?
There may be a drawback to delaying the claim until your child becomes an adult. In situations like this, memories begin to fade, evidence can be lost or misplaced. Also, unfortunately people can pass away when the claim is brought nearly 20 years after the injury is sustained.
Additionally, in situations in which there is a significant injury resulting in long term medical care and physical disability and sometimes, mental disability, the child will grow up needing resources that the average household cannot handle without. Filing a claim shortly thereafter the birth could give your child an opportunity to grow up with more resources, which would give them a greater chance of having as normal upbringing as possible, under the circumstances.
WAS YOUR BABY’S MEDICAL INJURY THE RESULT OF MEDICAL MALPRACTICE?
If I do not file a claim or my baby’s birth injury can she do it later? Hopefully now you can see how important these issues are in Maryland birth injury cases. If you have suffered an injury in Maryland at the hands of a doctor and/or hospital, and you have more questions, this is what I invite you to do. Pick up the phone and give me a call.
I can be reached at 301-850-4832. I answer medical malpractice and child birth injury questions like yours all the time and I would be happy to listen to your story.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815