Maryland Lawmakers Contemplating Birth Injury Fund

Posted on March 5, 2014 at 12:00pm by

According to the Baltimore Sun, lawmakers in Maryland are pushing for a bill that would create a fund to help pay for treatment for babies who suffer from neurological injuries during birth.

The legislation would let hospitals, doctors with obstetrics and gynecological practices, as well as malpractice insurers, pay annual fees to the birth injury fund, which families could used to pay medical bills, recoup lost earnings potential and cover other costs, according to the Sun.

Johns Hopkins Hospital and the University of Maryland Medical System feel that the fund is needed because of several recent multimillion-dollar judgments in the state. The healthcare providers said that if lawsuits continue to mount, it could lead to some practices closing and reduced access to medical care.

“What we would like is a fair shake in cost containment,” Andrew Satin, director of gynecology and obstetrics at Johns Hopkins Medicine, told the Sun. “I think people who have injuries that are due to mistakes should be compensated, but I think it’s gotten out of control.”

Critics say the law would let negligent doctors and hospitals off the hook when they make mistakes. Lawyers and patient advocates say hospitals and doctors could cut their malpractice costs by improving care and preventing injuries, according to the Sun.

“The best way for hospitals to reduce their financial burden is to prevent negligence,” Michael Bennett, founder of the Coalition for Patients’ Rights in Maryland, told the Sun. “A birth injury fund will only serve to remove accountability and thereby increase likelihood of negligence.”

Under the law, people would apply directly to the fund and would have to provide proof of the injury. An administrative law judge would decide whether a child is eligible for compensation, the paper reported.

Where Can I Find a Central Texas Birth Injury Attorney?

Our attorneys have witnessed directly how injury funds run by government agencies can become a nightmare for victims seeking compensation. Funding is often well short of the necessary compensation needed for people or families struggling with the effects of someone else’s negligence.

It should also be noted that as with Social Security law, the appeals process involving an administrative law judge could take a substantially long time.

Birth injuries resulting from healthcare provider negligence can include deformities, brain damage, cerebral palsy, erb’s palsy and shoulder dystocia. All of these injuries require extended therapy and rehabilitation, which is costly. They also result in specialized education needs.

Fortunately, you have our highly skilled birth injury attorneys on your side. For more information, call our firm at 1 (800) 460-0606 to schedule a free consultation. Our firm is well versed in birth injury law and can provide you with the legal advice and representation you need to pursue your case.

[Did You Know: Studies have shown that only 25 to 50 percent of shoulder dystocias are documented by delivering physicians.]

Cappolino Dodd Krebs LLP – Birth Injury Attorneys

Source: http://articles.baltimoresun.com/2014-02-10/health/bs-hs-birth-injury-fund-20140208_1_malpractice-insurance-enso-martinez-rebecca-fielding