Maryland Birth Injury Fund May Help Hospitals Stay Out of Court

Lawmakers in Maryland are considering creating a no-fault birth injury fund that would allow parents of babies injured at birth to seek compensation from an established state fund rather than pursuing their claims in court against hospitals and physicians.

Over the last 24 months, juries in Baltimore City, Md., and Prince George's County, Md., have returned three birth-related malpractice verdicts of more than $15 million and one verdict of more than $50 million against hospitals. Maryland's hospital operators say malpractice suits are leaving them few options but to consider shutting down maternity wards, according to a Frederick News-Post report.

Even though many of the civil judgments against hospitals have been reduced or overturned, the prospect of these often lengthy lawsuits creates bad press and significant costs for the hospital involved, according to the report.

The fund aims to create a reliable, lifelong source of compensation for parents, reduce the risk hospitals have to bear, retain a crucial component of women's healthcare and attract good physicians to the practice who were otherwise put off by the fear of liability, according to the report.

The legislation is sponsored by state Sens. Catherine Pugh (D-Baltimore) and Dan Morhaim (D-Baltimore).

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