When medical professionals deviate from established care standards during childbirth, they must answer for the resulting harm to the mother and child. Birth injuries can require decades of medical treatment, specialized therapies, and health accommodations. This pressure creates substantial financial strain for families who are already overwhelmed by the arrival of a baby.
A Silver Spring birth injury lawyer from Schochor, Staton, Goldberg and Cardea, P.A. represents families whose newborns have suffered harm due to medical errors during pregnancy, labor, or delivery. Our attorneys combine medical knowledge with legal expertise to build effective cases for children injured by healthcare negligence.
The goal of birth injury litigation is straightforward: obtaining the maximum resources necessary for your child’s medical needs while ensuring accountability from those responsible.
Common Causes of Birth Injuries and Responsible Parties
In our years of experience, here are the cases we’ve seen in Silver Spring:
Physician and Obstetrician Errors
Doctors overseeing delivery bear primary responsibility for patient safety. Their mistakes frequently include:
- Improper Tool Usage: Misapplied forceps or vacuum extractors can fracture skulls, damage nerves, or cause brain hemorrhages. Silver Spring physicians must follow strict protocols when using these instruments.
- C-Section Delays: Medical standards require emergency cesarean sections within a specific timeframe, identifying severe fetal distress. When doctors hesitate despite clear warning signs, preventable brain damage often results.
- Medication Mistakes: Incorrect Pitocin dosing can cause abnormally strong contractions that cut off fetal oxygen. Anesthesia errors can harm both mother and baby through blood pressure drops or respiratory issues.
Montgomery County physicians must maintain national standards of obstetrical care or face liability for resulting injuries.
Nursing Staff Failures
Labor and delivery nurses provide direct patient care throughout childbirth:
- Monitoring Oversights: Nurses must correctly interpret fetal heart tracings and promptly report concerning patterns. Missing signs of distress or failing to alert physicians can lead to preventable oxygen deprivation.
- Improper Medication Administration: Nurses who administer incorrect medications, doses, or timing can directly cause birth injuries through their mistakes.
- Missed Warning Signs: Trained nurses should identify early indications of complications like preeclampsia, maternal bleeding, or umbilical cord problems.
Hospital Liability
Silver Spring medical facilities may bear direct responsibility through:
- Staff Shortages: Insufficient nurse-to-patient ratios in labor and delivery units prevent adequate monitoring during critical periods.
- Emergency Response Failures: Hospitals without proper protocols, equipment, or available operating rooms for obstetrical emergencies contribute to preventable injuries.
- Equipment Problems: Malfunctioning fetal monitors, delivery tools, or other necessary equipment can prevent timely intervention.
Additional Responsible Parties
Birth injuries often involve multiple healthcare providers:
- Anesthesiologists whose errors can reduce maternal blood pressure and fetal oxygen;
- Prenatal Care Providers who miss critical warning signs during pregnancy; and
- Specialists providing consultation on high-risk pregnancies
A thorough investigation by your Silver Spring attorney will identify all potentially liable parties to maximize your child’s compensation.
Catastrophic Birth Injuries and Their Impact
Cerebral Palsy
Cerebral palsy results from brain damage, often caused by preventable oxygen deprivation during birth. This permanent condition affects muscle control, coordination, and movement, frequently requiring physical and occupational therapy, speech therapy, adaptive equipment, medications for muscle tone and seizures, and possible surgical interventions.
The financial impact typically exceeds $1 million over a lifetime, covering medical care, therapy, education, and support services.
Brachial Plexus and Erb’s Palsy
These injuries affect the nerve network controlling arm movement and typically result from excessive force during delivery, particularly when shoulder dystocia occurs. Symptoms include weakness, limited movement, or complete paralysis in the affected arm.
While some cases improve with therapy, more severe injuries require surgery and may cause permanent limitations.
Oxygen Deprivation Injuries (HIE)
Hypoxic-ischemic encephalopathy (HIE) occurs when a baby’s brain receives insufficient oxygen during birth. Without immediate intervention, permanent brain damage results within minutes, potentially causing developmental delays, intellectual disabilities, seizure disorders, motor function impairment, and vision or hearing problems.
Therapeutic hypothermia (cooling therapy) can reduce damage if started promptly after birth, making delayed treatment particularly harmful.
Maternal Condition Mismanagement
Proper monitoring and treatment of maternal health issues prevents many birth injuries:
- Preeclampsia: This condition involving high blood pressure can restrict placental blood flow. Without treatment, it threatens both mother and baby with serious complications.
- Infections: Untreated maternal infections like Group B Streptococcus can transmit to newborns during delivery, causing meningitis, sepsis, or pneumonia.
- Gestational Diabetes: Uncontrolled blood sugar can lead to excessive birth weight, complicating delivery and increasing injury risks.
Birth Trauma and Fractures
Physical injuries during birth include:
- Broken Bones: Most commonly clavicle fractures, but also skull, arm, or leg fractures during difficult deliveries
- Nerve Damage: Facial nerve injuries causing paralysis or more severe spinal cord damage
Fatal Birth Injuries
When medical negligence leads to a newborn’s death, Maryland law allows wrongful death claims. While no compensation addresses the true loss, these claims recognize families’ legal right to recovery for preventable deaths.
