Dealing with a birth injury to your newborn child is a difficult experience. A physician’s negligence can cause your child to suffer from injuries that may affect them for the rest of their lives. For example, a bone fracture is a serious injury that likely could have been avoided if your healthcare provider exercised greater care when delivering your child. If your child was injured while you were giving birth, you should consult with an experienced Baltimore birth injury lawyer. At Bennett & Heyman, P.A., our Baltimore malpractice lawyers possess over 70 years of combined legal experience that we will utilize to provide you with the legal representation you deserve. To schedule a free legal consultation to discuss your claim, contact Bennett & Heyman, P.A. at 410-429-7856, or contact us online.
Proving a Doctor Caused Your Baby’s Bone Fracture Injuries
To prove that a healthcare provider caused your child to suffer a bone fracture, you must show that one or more of the medical professionals in charge of your pregnancy committed an error. In some cases, your child may be injured, and a medical practitioner may not have caused the injury. However, if your child suffered a serious bone fracture during the delivery, it is likely that the injury was the result of negligence.
In order to prove medical malpractice in a birth injury bone fracture case, the injured party (plaintiff) must prove four elements against a healthcare provider (defendant):
- The healthcare provider owed you a duty
- The healthcare provider breached the duty they owed you
- That breach caused your child to suffer a bone fracture
- Your child suffered harm that could be compensated by the court
All four elements must be proven if you wish to prevail in your birth injury lawsuit. It is important to note that you must have a doctor-patient relationship with the doctor that caused your child to be injured. If the person that injured your child was not a physician, you may still file a lawsuit if you have a similar relationship with the healthcare provider that injured your child.
You should also be prepared to deal with any defenses that your healthcare provider may use. For example, a physician may allege that your child would have been injured despite whatever action they may have taken. This defense may hold merit under certain circumstances. However, this should not dissuade you from pursuing your claim.
When to File Your Birth Injury Lawsuit in Maryland
If your child suffered a bone fracture at birth and you wish to file a birth injury lawsuit, you should know that you have a limited amount of time to file your case. This means that it is best to file your birth injury case as soon as you can. The statute of limitations is a law that governs the amount of time that a person has to file a claim after they were injured. The statute of limitations deadline varies depending on what type of case the injured party wants to file.
Birth injury cases are considered medical malpractice claims. Therefore, you should know the filing deadline as it pertains to medical malpractice claims.
In Maryland, you must file your medical malpractice claim within five years of the day the injury was committed, or three years from the day you discovered the injury, whichever comes first. If you fail to file your claim within the time allotted, the court may bar your claim, and you will have no other avenues to seek compensation.
Maryland also has special rules for lawsuits involving individuals who are under the age of 11. This rule states that the filing deadline on medical malpractice cases do not begin to run until a child reaches the age of 11. This allows the child’s parent a significant amount of time to file their birth injury case.
Even though you have several years of time to file a birth injury case, it may be more beneficial to file your claim as early as possible. One reason to file your birth injury case early is to make it easier for your hospital negligence lawyer to gather evidence to prove your case. If you wait too long to file your lawsuit, evidence you need to prove your case may be lost or destroyed. Additionally, if your child needs medical attention to treat their bone fractures, it may be worth it to pursue legal compensation as soon as possible, so that you can more readily handle expensive medical bills.
Baltimore Birth Injury Attorneys Can Help File Your Claim
If your child suffered a bone fracture caused by a negligent medical practitioner, you should contact an experienced injury attorney for assistance. At Bennett & Heyman, P.A., we are dedicated to providing you with aggressive legal representation against negligent healthcare providers in Baltimore and throughout Maryland. To schedule a free legal consultation, call us at 410-429-7856, or contact us online.
