The U.S. Constitution and Maryland’s state Constitution grant us the right to pursue compensation through a lawsuit when we have been hurt as a result of someone’s negligence. It is a basic civil right. In most circumstances, people would be appalled if they discovered that some legislators were trying to do away with their civil rights – and yet thanks to a campaign of misinformation, the legislature is considering a grant of immunity to negligent healthcare providers.
For several years, healthcare providers have been trying to create a No-Fault Birth Injury Fund. They claim that the fund would provide lifetime care for any children with healthcare-related neurological injuries. It appeals to residents’ emotions – after all, how could you say “no” to a program designed to care for injured babies? The truth is that the Fund is not what it seems, and we must all stand together and demand that our legislators drop this nonsensical idea once and for all.
Why the birth injury fund is a bad idea
Aside from the loss of your child’s right to pursue justice in a court of law, there are a number of other very good reasons to just say no. These reasons are based on actual facts, and they refute the propaganda put forth by the State.
The State says a fund will save us money. No, it will not. In fact, the cost of funding the program will fall to families and small businesses throughout Maryland. It will cost about $750 million each year to make the Fund actuarially sound. These costs will be passed on to us through an increase in your health insurance, and through small business’s health insurance costs. Legislators who say that the Fund would be paid for by hospitals are ignoring the fact that those facilities will need to make up that money somehow, which means, in all likelihood, increased costs for healthcare all around.
The State says we need this fund to curb costly litigation. Maryland also has a stable system in place designed to weed out frivolous lawsuits. The myth of costly litigation is just that – a myth. A family who pursues a medical malpractice claim in our state must have the documentation and evidence to show that the claim is valid.
The State says the Fund will ensure injured children are protected. It will also ensure that bad doctors continue to work, with no consequences. What this Birth Injury Fund really does is remove all accountability from the negligent parties. When you go to court, there is a public record of the proceedings. When you accept a settlement from the Fund, there is no public record. There will be less information made available to people who need an OB/GYN.
The State made its decisions based on what doctors had to say, so they must know the truth. The State stacked the deck against you. Of course a task force of doctors will say the Fund is a good idea – it is in their best interest to do so. It removes all accountability from healthcare providers and places the burden of costs on you.
At Plaxen & Adler, P.A., we believe that accountability matters. The Birth Injury Fund will remove that accountability and your fundamental right to bring a lawsuit in court. We ask you to look at the impact this fund will actually have on the lives of the injured in Maryland, and to stand with us as we say “no” to the Fund.
Plaxen & Adler, P.A. provides comprehensive representation on behalf of medical malpractice victims in Maryland. To meet with an experienced Baltimore birth injury lawyer, we invite to you contact us.
