Frequently Asked Questions
- How many children have cerebral palsy?
- How can Social Security insurance help me?
- Should I set up a special needs trust for my child?
- What types of birth injuries are there?
- How much does it cost to file a lawsuit?
- Is there a time limit to file a birth injury lawsuit?
- How do I know if my child's birth defect is related to medical malpractice?
Representing parents and families
Nash & Associates is here to assist families in the recovery of damages resulting from these devastating birth injuries. We strive to answer all of your questions on your child's birth injury and provide you with a thorough, timely, and detailed analysis of any potential lawsuit. We are here to answer any questions you may have as to whether your child's injuries have been the likely result of medical negligence before, during, or after your child's birth. We invite you to call our law firm at 410-616-8866 or toll-free at 800-690-7895, or contact us online.
How many children have cerebral palsy?
An estimated 6,000–10,000 infants and children are diagnosed with this condition each year. It is estimated that somewhere between 500,000 to 750,000 children and adults in the United States manifest one or more symptoms of cerebral palsy.
How can Social Security insurance help me?
People often associate Social Security benefits with the elderly, but a person with a disability that inhibits his or her ability to work may be eligible for Social Security insurance benefits (SSI). This applies to children under the age of 18. The amount of benefits to which your child may be entitled varies. We have the resources available to assist you in determining whether your child may be eligible for SSI benefits.
Should I set up a special needs trust for my child?
A special needs trust is generally a good idea for a child who requires specific medical care, should anything happen to the child's legal guardians. In addition to what the government may provide, this trust grants supplemental care to your child and stipulates the specifics about his or her medical needs. In instances where your child may receive SSI benefits, a special needs trust is necessary to protect SSI benefits and still get the benefit of financial recoveries through litigation. It may be possible to leave your assets directly to a loved one with directions to care for your child. A special needs trust may even be established to prohibit any disinheritance or vulnerability of those assets to creditors or collections in times of financial distress. Contact Nash & Associates offices in Baltimore, Maryland to discuss your legal options further.
What types of birth injuries are there?
Many different injuries can occur during childbirth or sometimes after childbirth. They range from minor to serious:
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How much does it cost to file a lawsuit?
Nash & Associates provides free initial consultations. Our legal services are charged on a contingency fee basis—there is no fee unless and until you and/or your child recover monetary damages.
Is there a time limit to file a birth injury lawsuit?
There are different statutes of limitations depending on the nature of the claim. In the case of a deceased child, there is the potentiality of claims under both the Wrongful Death Act as well as the Survival Act. In Maryland, there is a three-year statute of limitations for bringing an action for wrongful death and for a Survival Action. There are a number of different principles that apply whether a claim under either statute exists, and the statute of limitations can vary under certain circumstances. These are matters that our lawyers would discuss with you under the specific facts of your case.
In the case of a living child, there is the potential for multiple claims. A parent may bring a claim for certain damages, such as medical expenses, during the period of the child's minority or disability. The child, through a parent or guardian, would have a claim for his/her personal injuries (pain and suffering, mental anguish, etc.) and may well have a claim for future lost earnings, diminished earning capacity, future medical care and related expenses, and more.
Generally speaking, the statute of limitations for any parental claims is three years for a claim of medical negligence. For the child's claim, the statute is tolled—held in abeyance—until the child reaches age 18. Upon reaching this age, your child would then usually have three years in which to bring his/her lawsuit for claims and damages. This can potentially vary depending on the capacity of the child to bring suit on his/her own behalf. You should also be aware that there may be exceptions to these general rules. Under certain factual scenarios, the statute can be extended under well-recognized exceptions such as the rule.
The determination of when the statute of limitations runs is a matter that our lawyers are prepared to analyze with you. Keep in mind that you should not delay the investigation of a claim. The obtaining of medical records, expert review and similar pre-trial investigative steps can take time to complete. It is always better that you contact us as soon as you can in order to avoid the potential bar of limitations to a lawsuit.
How do I know if my child's birth defect is related to medical malpractice?
Contact the firm to tell us about your case. Our legal team of lawyers, medical specialists, and experienced paralegals are ready to discuss your family's potential case. If your case is a matter with which we can assist you, we make arrangements to meet with you and proceed with the investigation that is required in these matters. We look at every aspect of the medical care the mother and her baby received during the pregnancy, through labor and delivery, and, when indicated, the care your child received after he or she was born:
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Medical records:
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Tests performed on your baby:
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