Maryland Should Not Have a Birth Injury Fund

By Peter DePaolis

According to the Baltimore Sun, a state panel made up of people from the healthcare industry is pushing legislators to create a birth injury fund, much to the dismay of some victim advocates.

The taskforce made the recommendation to the General Assembly towards the end of 2014. The fund would be a no-fault system, modeled after those operating in Virginia and Florida. Many advocates claim that all this will do is control medical malpractice-related costs for doctors, while hurting victims who may require long-term care.

Last year, legislation was introduced during the General Assembly session that would have required doctors, hospitals and insurers to pay into a Maryland fund, which drew support, but did not pass.

“As I see it, any such fund would inevitably lead to a lack of meaningful accountability, which would lead to further negligence, and inevitably hurt the victims and their families with unfair and unjust compensation,” Michael Bennett, a patient advocate said, according to the Sun.

We will keep you updated on any bills or legislation that may be introduced in our blog.

Who Should I Talk to About My Child’s Birth Injuries?

Keep in mind, our attorneys want children with birth injuries and their families to gain the compensation they deserve when they are injured by a healthcare provider’s negligence.

Our lawyers understand how devastating these injuries can be and how they can lead to a lifetime of expensive care.

Additionally, it should be noted that legislation may not deny families the right to pursue medical malpractice lawsuits, as there could be language in any bill that is passed that could allow them to bypass any birth injury fund.

Notable birth injuries include cerebral palsy, Erb’s palsy, autism and mental retardation. Speak to our attorneys if your child suffered complications during his or her birth.

Koonz, McKenney, Johnson & DePaolis L.L.P.

Maryland Injury Attorneys


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About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.