Many children are born with birth injuries, which are different from birth defects. A defect involves the infant’s DNA while a birth injury is caused by an external force.

Birth injuries may be the result of medical malpractice and can be avoidable.

Considering the large number of birth injuries, some states have instituted funds that help parents care for their child born with a birth injury. Maryland is currently investigating whether a birth injury fund would be the right course of action in providing for families and children.

A report was issued by a General Assembly task force that stated a birth injury fund would help more children than the legal system in addition to limiting the cost of medical malpractice costs for medical professionals.

Task force member Dr. Andrew J. Satin noted, “the fund means babies born with injuries get compensation even when there wasn’t negligence but the outcome was just bad.” This could mean aid for more infants with birth injuries of various kinds and not just those who were affected by a medical mistake that should have been avoided.

Satin continued, “one reason people sue when doctors have done nothing wrong is because of the burden of caring for babies born with challenges.”

The problem with this perspective and the birth injury fund was presented by Michael Bennett. Bennett claimed, “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.”

While the birth injury fund may help more infants, it may not be sufficient for victims of medical malpractice.

Malpractice attorney Wayne Willoughby noted that the birth defect fund would not cover the cost of lifetime care, pain and suffering or make up for the loss in future earnings. It may also not be cost effective.

The birth defect fund did not pass in Maryland legislature, but the House sponsor plans on bringing the bill before the House at a later time.

Maryland hospitals have agreed on the concept of a fund, but also agreed that more details are needed..

Birth injury fund proponents have also pointed out that the number of women who get prenatal care has decreased over the past several years which may be a factor in the number of birth injuries.

Hospitals have already paid millions in birth injury lawsuits across the country. Because of these awards and the potential for more, a group called the Maryland Maternity Access Coalition, comprised of health providers, businesses, and individuals, has prioritized a birth control fund.

Birth injuries may include:

• Cerebral palsy
• Oxygen deprivation
• Mental retardation
• Erb’s palsy
• Klumpke’s palsy
• Brachial plexus
• Retinopathy of prematurity