The birth of your precious child should be a moment of joy, not the beginning of a lifetime battle against preventable medical harm. For Bethesda parents whose newborns suffer injuries during delivery, each day brings painful questions about their child’s future and growing worries about paying for specialized care. During this difficult time, you need more than kind words—you need decisive legal action.

At Schochor, Staton, Goldberg and Cardea, P.A., our Bethesda birth injury attorneys channel family pain into effective advocacy. Having secured over $1 billion for victims of medical negligence, we fight for the complete compensation your injured child requires—covering immediate medical expenses and lifelong support. As you attend to your child’s care, our legal team works tirelessly to secure the justice your family deserves.

What Are Birth Injuries and Why Do They Occur?

Birth injuries differ fundamentally from birth defects. While birth defects develop during pregnancy, often due to genetic factors, birth injuries result from avoidable harm during labor or delivery. Medical negligence during childbirth can transform what should be a blissful moment into a lifetime of extraordinary challenges.

Several preventable errors frequently cause birth injuries in Bethesda hospitals and birthing centers:

  • Oxygen Deprivation During Delivery: When medical teams fail to monitor fetal oxygen levels properly, even brief periods without adequate oxygen can cause hypoxic-ischemic encephalopathy (HIE) and permanent brain damage. Research published in the Journal of Perinatal Medicine confirms that oxygen deprivation lasting mere minutes can lead to cerebral palsy and intellectual disabilities requiring lifelong support.
  • Improper Use of Delivery Instruments: Forceps and vacuum extractors, when misused, can cause devastating injuries to newborns. Excessive force with these instruments may fracture an infant’s skull, damage facial nerves, or cause intracranial bleeding. Some studies have shown that instrument-assisted deliveries carry elevated risks of trauma compared to either spontaneous vaginal births or properly executed cesarean sections.
  • Delayed Cesarean Sections: When complications arise that threaten fetal wellbeing, timely cesarean delivery prevents significant injuries. Research in the American Journal of Obstetrics and Gynecology found that delays in performing emergency C-sections substantially increase the risk of neurological damage. These delays often stem from failure to recognize warning signs, inadequate communication between medical team members, or insufficient staffing.
  • Mismanagement of Shoulder Dystocia: This uncommon but dangerous complication occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. Improper handling of this emergency can result in brachial plexus injuries (Erb’s palsy) or oxygen deprivation. Proper obstetrical training includes specific maneuvers to resolve shoulder dystocia safely.
  • Untreated Maternal Infections: When physicians fail to identify and treat maternal infections like Group B streptococcus, serious harm to the newborn can result, including meningitis or sepsis. The Centers for Disease Control and Prevention (CDC) reports that timely intervention for maternal conditions markedly reduces the risk of birth complications and injuries.

Maryland Negligence Laws and Liability in Birth Injury Cases

Birth injury cases in Bethesda must follow Maryland’s specific medical malpractice laws, which include detailed requirements for establishing negligence and strict deadlines for filing claims.

  • Standard of Care Requirements: Healthcare providers serving Bethesda families must deliver care that meets established professional standards. This “standard of care” represents what a reasonably skilled practitioner would do under similar circumstances. When providers deviate from this standard and cause harm, they may be legally responsible for resulting injuries.
  • Maryland’s Filing Deadlines: Birth injury claims in Maryland face strict time limits that can permanently bar recovery if missed. The standard statute of limitations requires filing within the earlier of:
    • Five years from when the injury occurred; or
    • Three years from when the injury was reasonably discovered

For children under age 11, Maryland extends this deadline until the child’s 11th birthday, recognizing that some neurological injuries may not become apparent until developmental delays emerge.

  • Multiple Responsible Parties: Birth injury cases often involve several liable parties. Obstetricians, nurses, anesthesiologists, and hospitals themselves may share responsibility depending on the circumstances. Maryland law allows the pursuit of claims against all negligent parties, ensuring full accountability and maximizing potential compensation.

Types of Birth Injury Claims in Bethesda, MD

Bethesda families may pursue various types of birth injury claims depending on the specific circumstances and resulting harm.

  • Permanent Disability Claims: When negligence causes lasting conditions like cerebral palsy, these claims address the substantial lifetime costs of care. Children with cerebral palsy often require specialized medical treatment, therapy services, and assistive technology throughout their lives. These expenses frequently total millions of dollars over a lifetime.
  • Brachial Plexus and Nerve Injuries: Excessive force during delivery can damage the brachial plexus, a network of nerves controlling arm and shoulder movement. These injuries may cause Erb’s palsy or Klumpke’s palsy, resulting in partial or complete paralysis of the affected limb. While some injuries heal with therapy, others cause permanent impairment requiring ongoing intervention.
  • Maternal Injury Claims: Mothers may suffer serious harm due to negligent obstetrical care. Uncontrolled hemorrhage, unrecognized preeclampsia, or improper surgical techniques during cesarean sections can cause devastating injuries or death. 
  • Hospital System Liability: Bethesda medical facilities may bear direct responsibility for organizational failures or vicarious liability for employee negligence. Hospitals must maintain appropriate protocols, provide adequate staffing, and ensure proper equipment maintenance. System-wide mistakes in these areas may constitute institutional negligence.

Damages Available in Bethesda, MD Birth Injury Claims

When medical negligence causes birth injuries, families may recover several forms of compensation addressing both immediate and future needs.

  • Medical Expenses: Compensation covers current and projected healthcare costs, including:
    • Specialized medical treatment and surgical procedures
    • Physical, occupational, and speech therapy
    • Adaptive equipment and assistive technology
    • Home modifications to accommodate disabilities
    • Medications and ongoing treatments
  • Rehabilitation and Educational Costs: Birth injuries often necessitate specialized education and therapeutic interventions. Compensation may include expenses for special education programs, developmental therapies, and vocational training to maximize the child’s potential despite their injuries.
  • Lost Income and Earning Capacity: Birth injuries affect family finances beyond direct medical costs. Parents often reduce work hours or leave employment entirely to provide care. Additionally, children with permanent disabilities face reduced earning capacity throughout their lives. Economic damages address these financial impacts.
  • Pain and Suffering: Maryland law allows recovery for the physical pain and emotional distress caused by birth injuries. While subject to statutory caps (approximately $905,000 in 2025), these non-economic damages acknowledge the genuine suffering experienced by injured children and their families.
  • Wrongful Death Recovery: When birth injuries prove fatal, Maryland’s wrongful death statute allows surviving family members to seek compensation for their emotional suffering and loss of companionship. These claims follow distinct legal requirements under Maryland law.

Building a Strong Birth Injury Case in Bethesda

Creating an effective birth injury claim demands meticulous preparation and qualified expert support throughout every stage of your case.

  • Medical Evidence Collection: Your attorney will obtain and examine all relevant medical records, including prenatal documentation, fetal monitoring data, delivery notes, and follow-up treatment records. This evidence creates a clear timeline of medical care and highlights instances of substandard treatment.
  • Expert Testimony: Maryland law mandates that qualified medical specialists verify and certify that healthcare providers failed to meet acceptable standards and directly caused the injury. These experts translate technical medical information into clear explanations for judges and juries, drawing direct lines between medical errors and your child’s injuries.
  • Maryland’s Health Care ADR Office: Birth injury claims require initial filing with Maryland’s Health Care Alternative Dispute Resolution (ADR) Office. While most cases eventually move to court, this mandatory procedural step requires exact compliance with specific submission guidelines and time limits.
  • Countering Defense Strategies: Insurance representatives and defense attorneys use established tactics to reduce liability in birth injury cases. They often contest causation, propose other explanations for injuries, or attempt to distribute blame among multiple providers. Skilled birth injury lawyers foresee and effectively address these defense approaches.

Why You Need an Experienced Bethesda, MD Birth Injury Lawyer

Bethesda families confronting the consequences of birth injuries need attorneys who understand both the medical and legal dimensions of these cases.

  • Specialized Medical-Legal Knowledge: Birth injury attorneys must interpret medical records, understand obstetrical standards of care, and recognize deviations from proper practice. This specialized knowledge allows them to identify negligence that might elude less experienced lawyers.
  • Technical Legal Expertise: Maryland’s medical malpractice laws involve intricate procedural requirements, including certificates of merit, specific filing deadlines, and particular evidentiary standards. 
  • Proven Results in Similar Cases: Attorneys with established success in birth injury litigation bring valuable insights to your case. They understand effective strategies for establishing liability, calculating appropriate damages, and achieving optimal outcomes through settlement or trial.
  • Resources for Comprehensive Case Development: Quality birth injury representation requires substantial resources, including relationships with premier medical experts, access to life care planners who project future needs, and experience presenting complicated medical evidence effectively to juries.

Contact a Bethesda, MD Birth Injury Lawyer for a Consultation

Our experienced Bethesda birth injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. offer free, confidential consultations to evaluate your potential claim. 

If your child suffered an injury during birth at any Montgomery County medical facility, don’t delay seeking legal help. The decisions you make in the weeks and months following a birth injury significantly impact your ability to secure the compensation your family deserves.

Contact us today to discuss your situation with an attorney who understands both the medical and legal aspects of birth injury cases in the area. We provide straightforward answers about your legal options and the strength of your case without imposing additional stress during this difficult time.