Hypoxic ischemic encephalopathy is a birth injury that occurs when a baby’s oxygen flow is restricted. It’s also known as birth asphyxia, neonatal encephalopathy, and perinatal asphyxia. Though the injury can occur naturally, there are some instances in which medical staff’s actions or negligence could be responsible for causing harm to your child.
Maryland hypoxic ischemic encephalopathy lawyers can help you and your child seek justice and compensation against at-fault nurses, doctors, hospitals, and other medical caregivers. As there is a strict time limit for medical malpractice cases, it is best to speak with qualified lawyers as soon as possible.
For a free legal consultation, call 1-800-222-9529
Maryland Laws That Apply to Hypoxic Ischemic Encephalopathy Claims
While your case may include specific issues that are governed by additional laws, the primary legislation surrounding HIE claims in Maryland concerns:
- The length of time you have to file a claim
- What you need to prove in order to successfully obtain compensation
- How much compensation you can receive for your damages
The Statute of Limitations for HIE Claims
In general, Maryland’s statute of limitations for personal injury claims like an HIE medical malpractice lawsuit is set at three years by Code of Maryland § 5-101. This means that waiting more than three years after your child’s birth injury is discovered could mean that you lose the right to pursue compensation at all.
Experienced hypoxic ischemic encephalopathy attorneys in Maryland can ensure that your paperwork is filed on time so that you retain your right to pursue justice for your child.
Elements of a Successful HIE Lawsuit in Maryland
Your lawyer will need to prove several elements in order to get you the compensation your child deserves. These factors include:
- A breach of the standard of care by medical staff
- The existence of your child’s birth injury (HIE)
- A causal link between the staff’s negligence and your child’s condition
Typically, attorneys in Maryland HIE cases seek help from expert witnesses. These are physicians with experience in the childbirth process who can provide context to show that your doctors and medical staff strayed from the nationally accepted best practices for healthcare professionals.
Limitations on Compensation in Maryland HIE Cases
There are several types of damages for which you can seek compensation after your child is diagnosed with HIE. Economic damages represent all the financial harms that your family suffers, including future medical costs, lost income due to missed work, and your child’s lost earning potential as an adult. There is no cap for these kinds of damages in Maryland.
However, other types of harm exist. Called non-economic damages, these include items like your child’s physical pain, mental or emotional suffering, loss of quality of life, etc. According to Code of Maryland § 11-108, personal injury claims have a cap on non-economic damages at $905,000.
Importantly, though, medical malpractice claims can have a lower cap. To determine the caps that apply to your claim and the value of your damages, it’s best to discuss your case with knowledgeable birth injury lawyers.
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Who Can You Sue for Your Child’s Hypoxic Ischemic Encephalopathy in Maryland?
Depending on the details of your case, there may be several different people or institutions who are at fault for your child’s birth injury. These include:
- Medical staff present at your baby’s birth
- Medical staff who attended to you prior to your baby’s birth
- Medical institutions such as hospitals or birthing centers
- Medical device manufacturers
Caregivers may be held at-fault when they do not operate according to the nationally accepted standard of care. This includes actions like applying too much pressure during the delivery as well as negligence. For example, doctors could be held liable for failing to diagnose risks associated with HIE that could have been used to prevent the ischemia.
Speak With Maryland Hypoxic Ischemic Encephalopathy Lawyers While There Is Time
The Birth Injury Lawyers Group is intimately familiar with the pain of a birth injury. Not only have we represented many clients in similar positions to yours, but many of our attorneys have children who were injured at birth.
Our mission is to provide the best possible legal representation to you and your child as we seek justice on your behalf. Don’t wait for the three-year statute of limitations to pass. Call us or fill out our contact form to schedule a FREE consultation with a skilled Maryland hypoxic ischemic encephalopathy attorney today.