Legislators in the state of Maryland are trying to create a brand new fund for children and families with health problems that may have been caused by medical mistakes during child birth and labor. They propose to call this new fund the Birth Injury Fund. If and when this new fund is implemented, it would limit the ability of families to pursue medical malpractice lawsuits against medical providers, institutions, etc., and it would serve as a form of tort reform.
Eligibility for the Maryland Birth Injury program would be restricted to children born in a Maryland hospital, whose injuries fir the definition of a birth-related neurological injury. Each case would be reviewed on an individual basis by the Maryland Department of Health and Mental Hygiene and the Maryland Board of Physicians. Each of these organizations would review the hospitals and doctors for indications of less than standard care and practices. An administrative law judge would make the final eligibility determination and there would also be an appeals process, if needed. Once the administrative law judge approves eligibility, the child and their parents could seek compensation and care from the program in less than 90 days.
The Birth Injury Fund would give a one-time monetary award of up to $100,000.00, plus lifetime medical care, lost earnings compensation for the years 18 to 65 and no cap on the health care benefits of the injured patient/person.
The purpose of this New Birth Injury fund program is to prevent birth injuries through improved medical care and not to provide negligent doctors and hospital with immunity from the consequences of their poor medical care and practices. The new program would also result in more infants obtaining compensation and the needed lifetime medical care sooner because their parents would not need to wait to win in a medical malpractice lawsuit/trial to get access to the fund. Acceptance in the program is based on the injury and not the outcome of a medical malpractice lawsuit.
The funding for the New Birth Injury Fund would come entirely from hospitals and doctors. John Hopkins Hospital and the University of Maryland Medical System have already shown their support for the bill.