Baltimore Medical Malpractice Lawyers Discuss the Controversial Birth Injury Fund

Posted on

The HB 377 bill, also known as the no-fault birth injury fund, would provide financial compensation to families of babies suffering from birth-related neurological injuries. The state of Maryland has created a task force that would help establish a fund that would help ease the financial burden associated with the lifelong care these babies will need. Currently, only Florida and Virginia have passed the bill, and the debate over this issue continues in the state of Maryland.

Supporters of the bill say that this fund would ensure that a mother’s access to obstetrical care is protected. In addition, it would provide an alternative to a costly, time-consuming, emotionally draining trial. One Maryland mother, whose son has cerebral palsy, said she could not imagine going through a trial at a time of so much pain and emotional trauma, especially in consideration of that fact that the trial may not result in the compensation she would need. She appreciates and relies on the disability assistance she receives, even though it is not always enough.

Opponents argue that the bill violates the victims’ constitutional right to a trial, and does not hold negligent doctors responsible for any wrongdoing. In addition, they claim that the financial burden would end up affecting taxpayers.

Financial Responsibility is Unclear

According to the Department of Legislative Services, for the fund to exist, hospitals would pay from $3.1 million in 2018 to $7.8 million by fiscal 2021. The six to seven babies a year that would qualify for the fund is based on the total number of live births in the state of Maryland over the past decade.

Opponents say that it is unlikely that hospitals would pay millions of dollars to establish and maintain such a fund. Instead, it is the rate payers, commercial insurers, Medicaid and Medicare that are ultimately going to foot the bill.

Maryland Birth Injury Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Medical Negligence

The experienced Maryland medical malpractice lawyers at LeViness, Tolzman & Hamilton are committed to securing the best possible financial outcomes for our clients who have been affected by medical negligence. We handle all aspects of birth injury cases in the state of Maryland. For a free consultation, call us at 800-547-4LAW (4529) or contact us online.

Our offices are located in Baltimore, Columbia, Glen Burnie and Towson, allowing us to represent families harmed by medical malpractice in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood and Elkridge.