Legal Options for a Medical Malpractice Birth Injury in Maryland

 Posted on May 19, 2025 in Medical Malpractice

In Maryland, victims of avoidable birth injuries, including injuries to the mother and injuries to the baby, can hold the negligent healthcare provider financially accountable by filing a medical malpractice claim. The burden of proof can be challenging in these cases, but a Maryland medical malpractice attorney will offer invaluable legal advice as you navigate the process and ensure you claim every recoverable damage. Consider your legal rights in these cases and how an attorney can help.

What Are Your Legal Rights After a Birth Injury in Maryland?

Medical malpractice law governs birth injury cases. These laws recognize that healthcare professionals should be held accountable when they do not uphold the standard of care required of them. As the victim, you have several legal rights under personal injury law:

• File a medical malpractice claim: If you believe a medical professional or facility caused you or your child to suffer an injury, you have the right to file a claim for damages, as long as you can prove their negligence.

• Seek financial compensation for injuries: If you successfully prove that the provider is at fault for your injuries, you have the right to recover compensation for your losses, including medical expenses, pain and suffering, lost income, and more.

• Access medical records: You have the right to review your medical records and those of your child. This documentation is vital evidence in a medical malpractice claim.

• File with the HCADRO: You have the right to first file a claim with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO) by submitting a document signed by a professional in the medical field stating that negligence was present in your case.

According to Maryland law, you have five years from when the injury occurred or three years from when you discovered the injury to file a legal action for medical malpractice. 

How Do You Prove Negligence for a Maryland Medical Malpractice Claim?

You will need evidence to prove the four elements of negligence to establish fault in a medical malpractice case. First, you must show that the provider owed a duty of care to you and your child. Next, you must provide evidence that they breached that duty by failing to meet the expected standard of care established under the same circumstances. Then, your evidence should show that their breach of duty directly caused your or your child’s injuries. Finally, the injuries must result in measurable damages for which you can provide evidence. For example, medical bills would be evidence of some financial damages sustained from your injuries.

Call a Hagerstown, MD Medical Malpractice Attorney Today

Birth injuries can have profound, life-long consequences for victims and their families. While Maryland’s legal system cannot undo your suffering, pursuing a medical malpractice claim can provide financial compensation that ensures continued support and medical care. If you, your child, or a loved one suffered a birth injury due to the negligence of a healthcare professional or facility, the Washington County, MD birth injury lawyer at Serafini Law can offer over 12 years of experience helping families recover compensation. Call 240-744-1600 to schedule your free consultation today.