Parents anticipating the birth of their children typically do not expect problems to arise during their delivery. Tragically, however, some infants die shortly after they are born due to errors made by medical professionals. While parents who lose their children due to birth injuries have the right to seek compensation for their losses, when the paternity of a deceased child is not clear, it may impact the father’s right to pursue claims against negligent healthcare providers. This was demonstrated in a recent Maryland ruling, in which the court affirmed the dismissal of the putative father’s claims. If your child sustained an injury at birth, it is prudent to speak to a Maryland birth injury attorney about your rights as soon as possible.
The History of the Case
It is reported that the mother, how was expecting twins, was treated by the defendant obstetricians throughout her pregnancy. The twins were delivered by the defendants, and sadly, one twin died shortly thereafter. The paternity of the twins was disputed, and the plaintiff filed an action to establish paternity. A DNA test revealed him to be the father, but the court did not issue an order to that effect.
Allegedly, the mother explored the option of filing a medical malpractice lawsuit and entered into a stipulation with the defendant in which the defendant agreed to toll the statute of limitations for a wrongful death claim. The mother later filed claims against the defendant. The plaintiff moved to intervene, but the mother objected to the motion on the grounds that it was untimely. His motion was denied, and he appealed. Continue Reading