Your child’s first moments should be filled with joy, not preventable tragedy. For Clinton families whose newborns suffer injuries during birth, the future suddenly transforms into an uncertain journey of medical appointments, specialized care, and unanswered questions.
Behind these heartbreaking circumstances often lies a disturbing truth: many birth injuries stem directly from medical errors that violate accepted standards of care.
At Schochor, Staton, Goldberg and Cardea, P.A., our birth injury attorneys have secured substantial compensation for Prince George’s County families affected by medical negligence. We handle the demanding legal battle while you focus on what truly matters.
Maryland Medical Malpractice Laws Protecting Clinton Families
Prince George’s County birth injury cases must comply with specific Maryland laws governing when and how you can pursue justice for your child.
Core Requirements for Medical Malpractice Claims
Under Maryland law, successful birth injury claims require establishing four key elements:
- A doctor-patient relationship created a duty of care to both the mother and the baby
- The healthcare provider breached this duty by failing to meet accepted medical standards
- This breach directly caused the specific birth injury
- The injury resulted in actual damages requiring compensation
Our attorneys methodically document each element, building persuasive cases supported by thorough medical evidence and expert testimony.
Maryland’s Unique Procedural Requirements
Birth injury claims in Maryland involve distinctive procedural steps that differ from ordinary injury cases. Maryland Courts and Judicial Proceedings § 3-2A-04 requires:
- Initial filing with the Health Care Alternative Dispute Resolution Office (HCADRO)
- Submission of a Certificate of Qualified Expert within 90 days
- An optional waiver of arbitration to proceed directly to court
This certificate must be provided by a medical professional with recent clinical experience in the relevant specialty who attests that care violated accepted standards. Missing this requirement results in automatic dismissal, regardless of case merit, highlighting why experienced legal representation proves indispensable for Clinton families.
Time Limitations for Filing Birth Injury Claims
Maryland Courts and Judicial Proceedings § 5-109 establishes strict deadlines for birth injury claims that Clinton families must understand:
- Standard Deadline: Claims must be filed within five years from when the injury occurred or three years from when the injury was reasonably discovered, whichever comes first
- Minor Extension: For children under 11, claims can be filed until their 11th birthday
- Wrongful Death: If a birth injury causes death, surviving family members have three years from the date of death to file a claim
Generally, missing these deadlines eliminates your right to compensation, regardless of negligence severity. Early consultation with a Clinton birth injury attorney ensures your claim proceeds within these mandatory timeframes.
Wrongful Death in Birth Injury Contexts
When medical negligence results in the tragic loss of a newborn or mother, Maryland Courts and Judicial Proceedings § 3-901 provides a legal pathway for surviving family members.
Maryland recognizes wrongful death claims for viable fetuses injured during birth who subsequently die, as well as for infants who briefly survive before succumbing to birth injuries. These claims allow recovery for:
- Medical expenses incurred before death
- Funeral and burial costs
- Mental anguish and emotional suffering of parents
- Loss of companionship and parental relationship
These particularly sensitive cases require attorneys with both legal expertise and a compassionate understanding of the profound grief families experience.
Compensation Available for Clinton Birth Injury Victims
Maryland law recognizes several distinct categories of damages for families affected by birth injuries:
Economic Damages: Meeting Lifelong Needs
Birth injuries often create substantial financial burdens:
- Immediate medical expenses for NICU care and specialized treatment
- Ongoing costs for surgeries, medications, and hospital stays
- Therapeutic service, including physical, occupational, and speech therapy
- Adaptive equipment, from wheelchairs to communication devices
- Home modifications for accessibility
- Special educational services and interventions
Unlike some states, Maryland places no cap on economic damages, allowing recovery of all financial costs related to the birth injury.
Non-Economic Damages: Acknowledging Human Impact
Beyond financial losses, birth injuries cause real suffering:
- Physical pain experienced by the injured child
- Emotional distress and psychological challenges
- Diminished quality of life and missed experiences
- Family stress and relationship impacts
Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages at approximately $905,000 for cases arising in 2025, with annual adjustments for inflation. While limited, these damages recognize the genuine human cost of preventable medical errors.
