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Debate continues over Maryland birth injury fund

Giving birth to a child is often described as the best day in a parent’s life. It is filled with not only the excitement of an incredible change in the parent’s life but also the promise of the endless possibilities the future holds for that amazing little being that mom and dad is holding their arms.

A birth injury dramatically alters this promise. Although the parents will likely love that child exactly as they would a healthy baby, they know that the future for that child will be different. Compensation for a birth injury can help parents provide the extra care that the child will need well into the future.

Medical professionals, the state health department, patients and other concerned parties continue to debate the issue of whether or not a birth injury fund should be created in Maryland.

To finance this fund, medical professionals and hospitals would pay into it much like employees pay into the Social Security fund. Then, when it is determined that a birth injury occurs, the parents are guaranteed an award. Of course, this award would likely have a limit and it would also bar the parents from filling a lawsuit in court.

Proponents of this fund argue that it would help guard against increasing malpractice insurance costs. These costs are often cited as reasons why obstetrics practices and maternity wards may struggle with funding for resources. Supporters also argue that this fund has the potential to help parents that either may not be able to or choose not to seek legal relief.

Opponents of this fund contradict the claims that it would help patient care. In fact, they argue that doctors would be shielded from liability. A proponent may ask “How is justice served if the doctor that made the mistake isn’t held accountable for that particular mistake?”

An Annapolis medical malpractice attorney can advise parents on their legal relief options and help ensure that they have the funding to pay for the expenses they incur so they can focus on caring for their child.

Source: Baltimore Business Journal, “A birth injury fund would offer care equality for child malpractice victims, Mercy Medical Center official says,” Sarah Gantz, April 11, 2014

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