Statute of Limitations in Birth Injury Cases

Parents anticipating the birth of a child plan for many things, but few foresee the anguish and costs they will endure if their child unexpectedly suffers an injury at birth. Parents of a child that suffered a birth injury are often blindsided and uncertain of where to turn to seek recourse for their child’s harm. There are often claims parents can assert on behalf of their injured child, however, but there are strict deadlines regarding when the claim must be filed. If your child suffered an injury at birth, it is prudent to speak to legal counsel regarding the requirements for pursuing a claim against the medical providers responsible for your child’s harm. The diligent Baltimore medical malpractice lawyers of the Arfaa Law Group can advise you of your rights, and guide you through the intricate process of seeking damages for your child’s harm. We will work tirelessly to help you seek any compensation your child may be owed for his or her injuries.

The Maryland legislature has enacted laws that delineate the statute of limitations for a variety of civil claims, including medical malpractice claims. A statute of limitations is a legal term for the limit on the amount of time a person has to pursue a claim for damages against another party. If a person does not file a claim within the statutory period, they may waive the right to recover damages. Thus, it is critical for anyone who wishes to seek compensation to understand and abide by the statute of limitations.

Typically, a claim for medical malpractice in Maryland must be filed within five years of the date of the injury or within three years of when the injury is discovered, whichever is shorter. In other words, if a person suffers an injury due to medical malpractice but does not discover the cause of the injury for months or years after it occurs, the statute of limitations will not begin to run until the cause is discovered. Regardless of when the cause of the harm is discovered, however, the claim must still be filed within five years of when the harm occurred.

Maryland has a distinct filing deadline for plaintiffs who were injured by medical negligence as minors, which is three years after their eighteenth birthday. In other words, people harmed by birth injuries have until their twenty-first birthday to seek legal recourse on behalf of themselves.

It is important to note that often in birth injury cases, both the child and the parents of the child can assert claims against the negligent care provider. In other words, the parents can assert claims for the cost of any medical expenses they incur treating the child's injuries and for the loss of the child's services, and the child as an individual can seek compensation for any treatment or care he or she will need after turning 18-years-old, and for the pain and suffering caused by the injury. In some cases, the child may be able to recover damages for the loss of earnings caused by the injury as well. Thus, different statutes of limitations will apply to parent's and child's claims in a birth injury case. While a child injured at birth can assert claims up until his or her twenty-first birthday, the child's parents are limited by the three or five-year statute of limitations in birth injury cases.

Dealing with a child's birth injury can be emotionally and financially taxing, but the parents of an injured child have the right to hold the negligent medical providers who harmed their child accountable for the child's losses. If you are the parent of a child who suffered a birth injury in Baltimore, the seasoned attorneys of the Arfaa Law Group may be able to help. We are adept at helping injured parties pursue compensation in medical malpractice lawsuits, and are familiar with the complicated rules related to statutes of limitations in birth injury cases. We can be contacted at 410-889-1850 or through our online form to set up a free and confidential consultation.