The birth of a child is a significant event for a family, and it should not be marred due to the negligence of a medical practitioner. Unfortunately, negligence of a medical practitioner could leave a child with such severe injuries that a family may need to file a lawsuit to manage the immense medical expenses. This scenario can be even more stressful upon learning that you only have a limited time to pursue a lawsuit against a negligent doctor. If you are concerned about the statute of limitations for your birth injury lawsuit, contact an experienced Baltimore birth injury lawyer today. Many potential plaintiffs are unaware of how the statute of limitations can significantly impact their lawsuit. However, the legal team at Bennett & Heyman is here to explain the statute of limitations for birth injury lawsuits in Maryland.
How the Statute of Limitations Works
If a person was seriously injured due to the negligence of another, whether the incident was the result of medical malpractice or another factor, the person may reasonably consider filing a lawsuit to recover damages. If a person decides to file a lawsuit against another person or entity, they should be aware of how the statute of limitations may affect their lawsuit.
The statute of limitations determines the length of time that a potential claimant has to file a lawsuit. The filing deadline set by the statute of limitations can vary depending on the type of lawsuit that a claimant wishes to file. For example, in Maryland, a lawsuit based on a car accident would have a different filing deadline than a claim based on a failure to diagnose an illness.
If a claimant does not file their lawsuit within the timeframe set by the statute of limitations, the defendant can request a motion that the court dismisses the claim for violation of the statute of limitations. If the motion by the defendant is successful, the court will dismiss the claim and the plaintiff could be left without another avenue to pursue compensation.
To learn more about the filing deadline for medical malpractice lawsuits in Maryland, continue reading and speak with an experienced Baltimore medical malpractice attorney today.
Statute of Limitations for Medical Malpractice Lawsuits in Maryland
It is essential to understand what type of lawsuit you need to file so that you are aware of the statute of limitations for your claim. For example, suffering a slip and fall accident at a hospital would not mean that a victim has grounds to file a medical malpractice lawsuit. This incident does not qualify as medical malpractice because a doctor’s medical advice or treatment did not cause the victim to be injured in a slip and fall.
Alternatively, a birth injury incident is considered medical malpractice because it occurred when a medical practitioner was in the midst of treating a patient. For example, committing a surgical birth injury error would fall within the realm of medical malpractice.
In Maryland, claimants have five years from the date the injury was inflicted to file a medical malpractice lawsuit. Additionally, if you did not discover that your child was injured at birth, the filing deadline for your medical malpractice lawsuit can change. Specifically, Maryland allows claimants to file a lawsuit three years from the date an injury was discovered. Maryland only permits one of these filing deadlines to be used by a claimant, specifically, whichever filing deadline is shorter.
Filing a Birth Injury Lawsuit in Maryland
If a newborn suffers a birth injury due to a doctor’s negligence, there may be a question regarding who has the standing to file a lawsuit on behalf of the injured newborn. Generally, the parents of a child have standing to sue if their child was injured at birth. This is understandable as a newborn would not be capable of asserting their interests in a lawsuit.
If a child is being cared for by a guardian or other party, that person would be able to file suit on behalf of the injured child.
It is important to note that if a mother was also injured while giving birth, the mother could pursue a claim for medical malpractice against the negligent doctor.
If a child passed away due to the actions of a doctor, the parents can also file a wrongful death lawsuit against the parties responsible. If the mother passed away during childbirth, the father could assert a wrongful death claim on behalf of the child or on his own behalf if he and the mother were married.
Contact Our Experienced Maryland Birth Injury Lawyers to Discuss the Statute of Limitations for Your Case
If your child was the victim of medical malpractice, you should speak with an experienced Baltimore personal injury attorney today. At Bennett & Heyman, our birth injury attorneys are prepared to help you fight for the compensation you deserve to treat your child’s injuries. To schedule a free legal consultation to discuss your claim, contact Bennett & Heyman at (410) 429-7856. You can also contact the firm online.
