Giving birth to your child should be a joyous occasion for you and your loved ones. However, what would otherwise be the best experience of your life can take a turn for the worse after your child is injured during delivery. Parents whose children have been injured by a negligent doctor or healthcare professional may wonder how long they have to file a lawsuit against the liable parties. Our Baltimore birth injury attorneys from Bennett & Heyman explain.
When Should I File a Lawsuit After a Birth Injury in Maryland?
After a birth injury, filing a lawsuit is something thousands of parents have to go through every year in Maryland. No one expects their child to be injured by those who have sworn to protect our health. However, this is not always the case. If your child was injured due to a medical error during your pregnancy or delivery, you might wonder when you can sue the liable parties.
This is something many plaintiffs struggle with the most. In Maryland – like other jurisdictions – there is a limited time all plaintiffs have to file their lawsuits. This standard timeline is known as the statute limitations. Many parents face difficulties with their lawsuits because the statute of limitations provides “ample” time to sue the liable parties. However – and unfortunately – the statute of limitations time may not be as much as you many would think.
Under Maryland law, you must file your birth injury lawsuit – or medical malpractice lawsuit – within five years of the date of the injury or within three years from its discovery, whichever happens first. If you were injured as a minor, you have three years after your eighteenth birthday to file your claim. A similar rule would apply in cases of minors injured while under the age of 11 and 16. Our Maryland medical malpractice attorneys can help you with these particular cases. Three or five years may seem like a long time to process what happened and decide whether you should sue the liable parties. However, every minute is critical when dealing with a birth injury lawsuit in Maryland.
Medical malpractice cases are among the most complicated to litigate. This happens because of the vast amount of information needed to build a compelling and persuasive case. For instance, your lawyer will require time to gather your medical records, find and prepare their expert witnesses, and build up your case. All of these – and other – elements have to be factored into the time you have under your filing window. Our Maryland attorneys for Infant bruising can help you make sure you file your claim on time so you can fight for the compensation you deserve.
What Happens if I Wait Too Long to File My Lawsuit After a Birth Injury in MD?
It is essential to file your claim on time if you wish to fight for compensation after your birth injury. If you wait too long to file your claim, you may face difficulties with your case moving forward. In extreme cases, the court could preclude you from fighting for your compensation or presenting your case. You would be precluded from fighting for your compensation or getting the court to hear your case in extreme cases. As time goes by, claimants have less time to prepare for their case, gather the necessary information to build their case, or plan for their case moving forward. For this reason, it is essential to hire an experienced Maryland birth injury lawyer who understands the importance of meeting the statute of limitations requirements in your case.
In less extreme cases, waiting too long to file your claim can have a direct impact on your case. Suppose you are thinking about filing a birth injury claim in Maryland. However, you decide to wait sometime until you feel better or ready to tackle your claim. While this can be entirely fair – especially after a traumatic event such as a birth injury – waiting too long can make it difficult for you to properly build up your case. For instance, evidence can be lost or destroyed, and the memories of any witnesses can fade or become inconsistent as the process moves forward. Losing this information may not preclude you from getting compensation, but it can impact your case’s overall value.
It is essential to act quickly and avoid the many pitfalls that delaying your case can create. Our Baltimore, MD birth injury hemorrhage attorneys can help you file your claim on time and help you understand what to expect from your case moving forward.
Maryland Birth Injury Attorneys Offering Free Consultations
If your baby was hurt during delivery in Maryland, we can help. Our Cerebral Palsy birth injury lawyers from Bennett & Heyman can help you fight against those who injured your child. Thanks to our many years of experience handling medical malpractice cases in Maryland, we can provide you with the quality legal representation you and your baby deserve. To learn more about our legal services in a free, confidential consultation, call our offices today at (410) 429-7856.