Updating a blog post we brought you earlier this year, a panel in Maryland has recommended that the state create a fund to help care for babies with suffering neurological injuries during birth. According to the Baltimore Sun, the no-fault fund would be similar to funds setup in Virginia and Florida. It is controversial among patient advocates and malpractice attorneys. The panel was made up of members of the health care industry, according to the newspaper. The General Assembly reported that the fund would help control medical malpractice-related costs for doctors and hospitals. 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, according to the Sun. Many people are worried that the fund would allow healthcare providers to escape blame for negligence. “As I see it, any…
Read More »
Birth Injury and Cerebral Palsy Attorneys Home
Does Maryland Have a Birth Injury Fund?
December 17, 2014What is the ABLE Act?
December 10, 2014If your child has suffered a birth injury, you should be aware that new legislation has been approved that allows people to place money in accounts similar to college saving plans to cover living expenses. According to the Associated Press, Congress has passed the ABLE Act, which allows for people with disabilities to save money and open tax-free savings accounts. The bill is the most “sweeping legislation to help the disabled in a quarter century.” The bill has received bipartisan support, as Senate passed the measure by a 76-16 vote and the House passed it by an overwhelming majority, 404-17. “This is a monumental, landmark bill,” said Sara Hart Weir, the interim president of the National Down Syndrome Society, according to the AP. ABLE stands for the Achieving a Better Life Experience Act—it is estimated that the legislation will allow an estimated 54 million Americans with disabilities to setup savings…
Read More »
Can I File a Shoulder Dystocia Lawsuit?
December 3, 2014According to the Alton Telegraph, an Illinois jury awarded a family $1 million after a doctor was accused of injuring a child during a botched delivery attempt. The news source reported that Jamie Rae, of Staunton, filed a lawsuit on behalf of her daughter, Bailei Rae, who was born March 1, 2011, with a weak, motionless arm. The child reportedly suffered nerve root damage because she was born naturally, rather than through a Cesarean section delivery. According to the Telegraph, the baby weighed 9 pounds, 2 ounces, which is larger than normal and should have warranted a surgical delivery—the child’s shoulder became stuck during delivery, which should not have occurred during a surgical procedure. The jury awarded damages for disfigurement, disability, pain and suffering and past medical expenses and $516,000 for future medical treatment for a total of $1 million, according to the Telegraph. Why Should I Speak to an…
Read More »
