When a medical team’s preventable mistakes turn what should be your family’s happiest day into the beginning of a lifelong struggle, you need more than sympathy—you need answers and accountability. 

Each year in Rockville, families watch helplessly as their newborns suffer the consequences of medical errors during delivery, forever altering their children’s futures. 

The physical suffering of an injured child, combined with escalating healthcare costs and uncertainty about tomorrow, creates an unbearable burden no family should face alone.

At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys have secured justice for countless Maryland families, recovering over $1 billion from negligent healthcare providers. Our detailed knowledge of Montgomery County medical facilities gives your case the edge it deserves while our commitment to your family remains unwavering.

Common Causes of Birth Injuries Due to Medical Negligence

The common causes of birth injuries in Rockville include: 

Delayed C-Section

When complications arise during labor, timely cesarean sections prevent serious birth injuries. Unfortunately, delayed emergency C-sections remain a leading cause of preventable harm to newborns in Rockville hospitals.

Medical research published in the American Journal of Obstetrics and Gynecology reveals that undue delays between the decision for emergency cesarean delivery and actual surgery significantly increase the risk of brain damage. 

When physicians fail to act promptly, babies may suffer oxygen deprivation, leading to cerebral palsy, intellectual disabilities, or other permanent neurological conditions that require lifelong care.

Failure to Monitor Fetal Distress

Throughout labor and delivery, medical staff must vigilantly monitor both maternal vital signs and fetal heart patterns. Electronic fetal monitoring helps identify early signs of distress that demand immediate attention.

When Rockville healthcare providers neglect proper monitoring or misinterpret warning signs, babies may experience the following:

  • Acidosis from blood chemistry changes
  • Seizures or neurological impairments
  • Organ damage affecting the heart, lungs, or kidneys

Misuse of Delivery Tools

When labor progresses slowly or positioning complications arise, physicians sometimes employ instruments and devices to assist delivery.

Forceps can cause skull fractures, facial nerve damage, or brain hemorrhages when used with excessive force. Similarly, vacuum extractors create substantial pressure on an infant’s scalp and skull.

Thus, physicians must receive proper training and exercise appropriate judgment when employing these potentially dangerous tools.

Medication or Anesthesia Errors

Proper medication administration during pregnancy, labor, and delivery is vital for both maternal and fetal safety. Common medication errors in Rockville birthing facilities include:

  • Incorrect dosing of Pitocin (synthetic oxytocin), causing uterine hyperstimulation that restricts fetal oxygen
  • Improper epidural administration leading to maternal hypotension affecting fetal blood flow
  • Anesthesia errors during cesarean sections affecting newborn respiration
  • Failure to adjust medication dosages based on maternal or fetal conditions

These mistakes typically result from communication failures, inadequate drug verification protocols, or insufficient monitoring after administration.

Other Negligence (Lesser-Known Scenarios)

Beyond the common causes, several less-discussed scenarios contribute to birth injuries in Rockville medical facilities:

  • Untreated Jaundice: When physicians fail to diagnose and treat severe jaundice (hyperbilirubinemia), bilirubin can reach toxic levels, causing kernicterus, a form of brain damage with lifelong consequences including hearing loss, vision problems, and movement disorders.
  • Undiagnosed Maternal Infections: Infections like Group B streptococcus, when untreated during pregnancy, can transmit to newborns during delivery, causing meningitis or sepsis with the potential for permanent neurological damage.
  • Prenatal Care Failures: Inadequate prenatal screening may miss conditions like gestational diabetes or preeclampsia that create significant risks during delivery. 
  • Maryland Laws and Deadlines for Birth Injury Cases

Maryland establishes strict timeframes for filing medical malpractice claims, including those involving birth injuries:

Statute of Limitations

  • General Rule: Under Maryland Courts and Judicial Proceedings § 5-109, medical malpractice claims must be filed within the earlier of:
    • Five years from when the injury occurred, or
    • Three years from when the injury was reasonably discovered
  • Special Rules for Minors: For children under age 11, Maryland extends the deadline until the child’s 11th birthday. This extension recognizes that some birth injuries, particularly neurological ones, may not become apparent until developmental delays emerge.

Missing these deadlines permanently eliminates your right to compensation, regardless of how serious the medical negligence was.

Wrongful Death Actions

When birth injuries tragically result in death, Maryland law allows surviving family members to pursue wrongful death claims:

  • Filing Deadlines: Generally, wrongful death actions must be filed within three years of the date of death under Maryland Courts and Judicial Proceedings § 3-904.
  • Viability Considerations: Maryland law recognizes wrongful death claims for infants who were born alive and subsequently died from birth injuries. In some circumstances, claims may be possible for viable fetuses who died during delivery due to medical negligence.
  • Survival Actions: A separate claim called a “survival action” may be filed by the child’s estate to recover damages the child experienced between injury and death, including pain and suffering.

Medical Malpractice Requirements

Maryland imposes specific procedural requirements for birth injury claims:

  • Health Care Alternative Dispute Resolution Office (HCADRO): All medical malpractice claims must initially be filed with the HCADRO. While parties typically waive arbitration and proceed to court, this filing step remains mandatory.
  • Certificate of Qualified Expert: Within 90 days of filing, plaintiffs must submit a certificate from a medical expert attesting that:
    • The healthcare provider violated the standard of care
    • This violation proximately caused the injury
    • The expert has clinical experience, provided consultation, or taught medicine in the defendant’s specialty

Proving Negligence

To succeed in a birth injury claim, Rockville families must establish four key elements:

  • Duty of Care: The healthcare provider owed a duty to provide care meeting accepted medical standards.
  • Breach of Duty: The provider failed to meet this standard of care through action or inaction.
  • Causation: This failure directly caused the birth injury.
  • Damages: The injury resulted in significant harm requiring compensation.

Expert medical testimony forms the foundation of these claims, explaining both the applicable standard of care and how the provider’s actions fell short, directly resulting in injury.

Who Can Be Held Liable for a Birth Injury?

Birth injuries often involve multiple responsible parties:

  • Obstetrician or Delivering Physician: The doctor overseeing delivery bears primary responsibility for recognizing and responding to complications. When physicians fail to follow established protocols or exercise proper judgment, they may be held personally liable.
  • Nurses and Medical Staff: Labor and delivery nurses play critical roles in monitoring maternal and fetal vital signs, administering medications, and communicating concerns to physicians. When nursing staff miss warning signs or fail to follow physician orders correctly, they share responsibility for resulting injuries.
  • Hospitals and Birthing Centers: Medical facilities may be directly liable for:
    • Systemic failures in policies or procedures
    • Inadequate staffing or supervision
    • Equipment maintenance issues
    • Failure to verify provider credentials properly

Additionally, hospitals often bear “vicarious liability” for the negligence of employed healthcare providers under the legal principle of respondeat superior.

  • Medical Practices or Clinics: When physicians work as part of a medical group rather than as hospital employees, the practice itself may share liability for improper training, inadequate supervision, or failure to maintain appropriate safety protocols.
  • Third-Party Liability (Rare): Occasionally, manufacturers of defective medical devices or pharmaceutical companies providing inadequate medication warnings may bear partial responsibility in birth injury cases.

Damages in a Rockville Birth Injury Case

Economic Damages

Economic damages cover quantifiable financial losses resulting from birth injuries. These damages face no statutory caps in Maryland and may include:

  • Medical Expenses: Birth injuries often require extensive healthcare, including:
    • Neonatal intensive care immediately following birth
    • Surgical procedures addressing physical injuries
    • Rehabilitation therapies (physical, occupational, speech)
    • Specialized medical equipment and assistive devices
    • Medication and ongoing treatments
  • Future Care Costs: Children with permanent disabilities typically need lifelong support. Economic models project these expenses throughout the child’s life expectancy, addressing:
    • Continuing medical treatment and therapy
    • Specialized educational services
    • Adaptive equipment replacements
    • Home modifications for accessibility
    • Professional caregiving services
  • 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 necessary care. Additionally, children with permanent disabilities face reduced earning potential throughout adulthood.

Non-Economic Damages

Non-economic damages address intangible but real suffering caused by birth injuries:

  • Pain and Suffering: Compensation for physical pain experienced by the injured child through medical procedures, therapies, and daily limitations imposed by their condition.
  • Emotional Distress: Birth injuries affect the psychological well-being of both the child and family members. Research shows families caring for children with birth injuries experience significantly elevated rates of anxiety, depression, and caregiver burnout.
  • Maryland’s Damage Caps: State law limits non-economic damages in medical malpractice cases. For 2025, this cap stands at approximately $905,000 for most cases, with annual adjustments for inflation. In cases involving wrongful death with multiple beneficiaries, somewhat higher limits apply.

Wrongful Death Damages (in Fatal Cases)

When birth injuries result in death, Maryland law allows surviving family members to seek:

  • Funeral and Burial Expenses: Recovery of costs associated with funeral services and burial arrangements.
  • Loss of Companionship: Recognition of the parent-child relationship and future experiences lost due to the preventable death.
  • Emotional Trauma: Compensation for the grief and emotional suffering experienced by parents and eligible family members.
  • Survival Actions for Child’s Estate: Recovery for damages the deceased experienced before death, including pain and suffering and medical expenses.

How a Rockville Birth Injury Lawyer Can Help Your Family

Comprehensive Case Investigation

Building a strong birth injury case requires thorough investigation, including:

  • Obtaining complete medical records from pregnancy through delivery
  • Reviewing fetal monitoring strips and other technical data
  • Conducting medical chronologies revealing care patterns
  • Interviewing witnesses, including medical staff, when possible
  • Consulting with qualified experts across relevant specialties

Our attorneys work with medical professionals to build scientifically sound, persuasive cases identifying exactly when and how substandard care harmed your child.

Identifying and Proving Negligence

Your attorney will establish each element necessary for a successful claim:

  • Documenting the standard of care through medical literature and expert testimony
  • Demonstrating clear deviations from accepted practices
  • Establishing direct causation between these deviations and your child’s injury
  • Quantifying the full extent of resulting damages

Handling Legal Filings and Deadlines

Birth injury litigation involves numerous technical requirements and strict deadlines. Your attorney manages all procedural aspects, including:

  • Filing required documentation with Maryland’s Health Care ADR Office
  • Obtaining qualified expert certificates within mandated timeframes
  • Responding to defense motions and legal challenges
  • Managing discovery processes and evidence preservation
  • Ensuring all submissions meet court requirements

These technical legal requirements demand experienced representation to avoid procedural pitfalls that could jeopardize your claim.

Dealing with Insurance Companies and Hospitals

Your attorney serves as your advocate when facing powerful institutions:

  • Preparing comprehensive settlement demands supported by medical evidence
  • Countering defense tactics designed to minimize compensation
  • Engaging in strategic negotiations to secure fair settlements
  • Protecting your interests against pressure to accept inadequate offers
  • Preparing for trial when settlement discussions fail to yield appropriate results

Experience with Montgomery County medical facilities and their insurance representatives provides valuable insight when developing negotiation strategies.

Maximizing Compensation & Resources

Securing appropriate compensation requires thorough documentation of all impacts:

  • Working with life care planners to project future medical and supportive care costs
  • Consulting with economic experts to calculate lifetime earnings losses
  • Documenting all aspects of your child’s injury to ensure full valuation of damages
  • Structuring settlements to provide long-term financial security
  • Identifying potential governmental benefits to supplement private compensation

The goal is comprehensive financial protection addressing your child’s lifetime needs, not just immediate expenses.

Compassionate Support and Guidance

Beyond legal representation, your attorney provides needed support:

  • Clear explanations of your legal rights and options
  • Regular updates on your case’s progress
  • Assistance dealing with Maryland’s healthcare systems
  • Connections to support resources for families of children with disabilities
  • Honest assessment of case strengths and challenges

We understand this may be the most difficult time in your family’s life, and we approach each case with sensitivity and respect.

Contact a Rockville Birth Injury Lawyer Today

If your child suffered an injury during birth at any Montgomery County medical facility, contact us for a free, confidential consultation. Our attorneys will evaluate your potential claim and provide straightforward answers about your legal options.

We handle birth injury cases on a contingency fee basis—you pay nothing unless we secure compensation for your family. Contact us today to speak with an attorney who understands both the medical and legal aspects of birth injury cases in Rockville and throughout Maryland.