Milford Mill Birth Injury Lawyer

The moment a birth injury occurs, time stands still for Milford Mill families. What should be a joyous celebration becomes the first day of an unexpected journey filled with medical appointments, therapy sessions, and worries about your child’s future.

For over three decades, Schochor, Staton, Goldberg and Cardea, P.A. has represented Maryland families whose children suffered birth injuries due to medical negligence. Our attorneys have secured over $1 billion for clients, providing families with resources for medical care while holding responsible parties accountable.

Statute of Limitations for Maryland Birth Injury Claims

Birth injury claims in Maryland face strict filing deadlines that families must understand to preserve their legal rights.

General Rule: Alternative Deadlines

Maryland Courts and Judicial Proceedings § 5-109 establishes two potential deadlines for filing medical malpractice claims. A lawsuit must be initiated within the earlier of:

Five years from when the injury occurred, or
Three years from when the injury was reasonably discovered

For birth injuries immediately apparent at delivery, the five-year period begins running on the birth date. However, some conditions manifest only as developmental delays that become noticeable months or years later, potentially extending the three-year discovery period.

Special Provisions for Minors

Maryland law provides important protections for children with birth injuries. Under traditional interpretations, the statute of limitations “tolls” (pauses) until the child’s 11th birthday, allowing claims until the child turns 14.

More significantly, case law established that minors retain the right to file claims until three years after reaching adulthood (age 18), effectively allowing suits until age 21.

Separate Parental Claims

Parents may bring their own claims for expenses and emotional distress related to a child’s birth injury. These parental claims typically face the standard three-year limitation period from discovery without tolling provisions.

Consequences of Missing Deadlines

Filing after the applicable deadline will likely result in permanent dismissal, regardless of the claim’s merit or the severity of injury. This makes early consultation with a birth injury attorney absolutely necessary to protect your family’s rights.

Types of Damages in Maryland Birth Injury Cases

Maryland law provides several categories of compensation for families affected by birth injuries:

Economic Damages (Unlimited Recovery)

Unlike some states, Maryland places no cap on economic damages—the actual financial losses related to the birth injury:

Medical Expenses

Birth injuries often require immediate intensive care followed by ongoing specialized treatment. Compensation covers past medical bills and projected future needs, including surgeries, hospitalizations, medications, and regular physician visits.

Lifelong Care Costs

Children with permanent disabilities frequently require:

Residential care or in-home nursing assistance
Specialized equipment like wheelchairs, communication devices, and adaptive technology
Home modifications to accommodate disabilities

Therapy and Rehabilitation

Many birth injuries necessitate ongoing therapeutic services to maximize function and independence:

Physical therapy to improve mobility
Occupational therapy for daily living skills
Speech therapy for communication challenges
Behavioral treatment for associated conditions

Lost Income

When parents must reduce work hours or leave employment to care for an injured child, these lost wages qualify as recoverable damages. Additionally, children with permanent disabilities often face reduced earning capacity throughout their lives.

Non-Economic Damages (Subject to Caps)

Maryland Courts and Judicial Proceedings § 3-2A-09 limits non-economic damages in medical malpractice cases:

Pain and Suffering: Compensation for physical pain and discomfort experienced by the injured child.
Disability and Life Quality Reduction: Recognition of the limitations and missed opportunities resulting from the injury.
Parental Emotional Anguish: Compensation for the psychological suffering parents experience when witnessing their child’s preventable injury and ongoing challenges.

As of 2025, Maryland’s non-economic damages cap stands at approximately $905,000 for most cases, with annual adjustments for inflation. For birth injury cases resulting in death with multiple beneficiaries, this cap increases to approximately $1.13 million.