Silver Spring, MD Birth Injury Lawyer
Birth injuries can transform what should be a joyous occasion into a time of uncertainty and concern. Medical professionals have a duty to monitor for potential complications, respond appropriately to signs of distress, and take necessary actions to prevent harm to both mother and child; when they fail to adhere to the standard of care during pregnancy, labor, or delivery, the consequences can be devastating for both the infant and the family.
The emotional, physical, and financial toll of a birth injury can be substantial, with many families facing lifelong challenges that require significant resources. Our Silver Spring birth injury lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates understand the profound impact these injuries have on families and help them seek justice and compensation.
What Constitutes a Birth Injury?
Birth injuries are a range of conditions that occur during pregnancy, labor, or delivery. These can include:
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
- Brachial plexus injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Fractures
Many birth injuries are preventable when proper medical care is provided. The effects of these injuries vary widely; some children may recover fully with proper treatment, while others may face lifelong disabilities requiring continuous care. The impact extends beyond the child to the entire family, who must adapt to new responsibilities and financial burdens.
How Do I Know If I Have a Birth Injury Case?
First, there must be evidence that medical professionals deviated from the standard of care expected in their field. This deviation could include failure to monitor fetal heart rate, improper use of delivery instruments, delayed cesarean section, or inadequate response to signs of fetal distress.
Second, there must be a direct link between this negligence and the injury sustained. Establishing this causation often requires extensive medical knowledge and thorough investigation. Our Silver Spring birth injury lawyers are particularly adept at identifying these connections. The injuries must also have resulted in significant damages, including but not limited to medical expenses, anticipated future care costs, and pain and suffering.
What Compensation Might Be Available for Birth Injury Cases?
Compensation in birth injury cases aims to address both the current and future needs of the affected child and family. Economic damages cover quantifiable costs such as past and future medical expenses, therapeutic interventions, specialized equipment, home modifications, and potential lost earnings if the child cannot work in adulthood.
Non-economic damages address intangible losses like pain and suffering, emotional distress, and diminished quality of life. In cases of permanent disability, compensation may include funds for lifelong care. Maryland law places caps on non-economic damages in medical malpractice cases, making working with our knowledgeable Silver Spring birth injury lawyers essential. Our team can work to maximize the compensation available within those legal constraints.
How Long Do I Have to File a Birth Injury Lawsuit in Silver Spring?
Maryland law imposes time limits for filing birth injury lawsuits. Generally, medical malpractice claims must be filed within five years of the date the injury occurred or three years from when the injury was discovered, whichever comes first. However, special rules apply to minors, who typically have until their 21st birthday to file claims related to injuries sustained at birth.
These deadlines, known as statutes of limitations, are strictly enforced by courts. Missing these deadlines can permanently bar your right to seek compensation. Additionally, Maryland law requires filing a claim with the Health Care Alternative Dispute Resolution Office before proceeding to court, adding another procedural requirement that must be met within the time limits.
What Should I Expect During the Birth Injury Litigation Process?
The birth injury litigation process begins with a comprehensive review of medical records by lawyers and medical professionals. This analysis helps determine if negligence occurred and if it caused the birth injury. If evidence supports a claim, the next step involves filing with the Health Care Alternative Dispute Resolution Office and obtaining a certificate of merit from a qualified medical professional.
Many cases are resolved through settlement negotiations, avoiding the need for trial. Settlement discussions may occur at various stages throughout the process. We advise against accepting an initial settlement offer unless you consult a lawyer; a quick settlement might not account for all of your family’s damages.
If a fair settlement cannot be reached, the case proceeds to trial, where evidence is presented to a judge or jury. Families should expect their lawyers to provide clear communication, realistic assessments, and compassionate guidance throughout this process.
How Are Birth Injury Lawyers Paid?
Most birth injury lawyers work on a contingency fee basis. This means they receive payment only if they obtain compensation for you, typically taking a percentage of the recovery. This arrangement allows families to access legal representation without upfront costs.
The contingency fee percentage varies but is agreed upon before representation begins. In addition to the percentage fee, costs associated with pursuing the case, such as filing fees, expert witness fees, and costs of obtaining medical records, may be deducted from the final settlement or verdict. This payment structure aligns the interests of the lawyer with those of the client, as both benefit from
Silver Spring Birth Injury Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Fight to Pursue Justice for Families
If your child suffered a birth injury due to medical negligence, you do not have to face this challenge alone. Our compassionate Silver Spring birth injury lawyers offer the rare combination of medical and legal knowledge needed to effectively represent families in these challenging cases. For a free consultation, call the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates at 202-223-4488 or contact us online. Located in Washington, D.C., we serve clients in the surrounding areas, including Northern Virginia and Maryland.
