When medical negligence during childbirth harms your infant, Wheaton families need immediate legal guidance to secure their child’s future. Parents experience genuine heartbreak watching their newborn suffer from preventable medical errors while confronting the financial challenge of providing specialized care.
A Wheaton birth injury attorney from Schochor, Staton, Goldberg and Cardea, P.A. offers the knowledgeable and compassionate representation your family deserves.
Our attorneys have secured substantial compensation for families throughout Montgomery County whose children have suffered birth injuries due to medical negligence. We handle the legal aspects of your case while you focus on what matters most—your child’s health and your family’s well-being.
Understanding Birth Injury Claims in Maryland
Birth injuries differ significantly from birth defects. Injuries result from physical trauma or oxygen deprivation during labor or delivery, often caused by medical negligence. These injuries can affect either the infant or mother and range from temporary conditions to permanent disabilities requiring lifelong care.
Medical malpractice occurs when healthcare professionals fail to provide the standard of care that similarly trained practitioners would deliver under comparable circumstances. This failure breaches their professional duty and forms the basis for legal action.
Under Maryland law, victims must prove that medical professionals failed to provide care meeting accepted standards. This departure must directly cause the infant’s injury to establish liability.
The Certificate of Qualified Expert represents a mandatory element in Maryland birth injury cases. Maryland Courts and Judicial Proceedings § 3-2A-04 stipulates this document must:
- Be signed by a medical professional with relevant expertise
- Attest that healthcare providers violated appropriate standards
- Establish that these violations directly caused the injury
- Confirm the expert has practical experience in the defendant’s specialty
This certificate must be submitted within 90 days of initiating your claim through Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO).
Common Causes of Birth Injury Malpractice Claims
The common causes of birth injuries in Wheaton are the following:
Failure to Monitor Fetal Distress
Electronic monitoring during labor provides vital information about a baby’s condition. Warning signs demanding immediate action include abnormal heart patterns, decreased heart rate variability, and meconium in amniotic fluid.
When Wheaton medical teams misread these indicators or delay intervention, the resulting oxygen deprivation can cause brain damage, leading to cerebral palsy, developmental delays, or other permanent neurological conditions. The American College of Obstetricians and Gynecologists publishes authoritative guidelines for monitoring interpretation that establish the minimum standard of care.
Delayed Cesarean Section
When birth complications arise, prompt surgical intervention prevents serious injuries. Unnecessary postponement of emergency C-sections can result in hypoxic-ischemic encephalopathy (HIE), brain hemorrhage, or other permanent disabilities.
Montgomery County hospitals must maintain sufficient staffing and clear protocols, enabling rapid surgical response when needed.
Improper Use of Delivery Instruments
Forceps and vacuum extractors require the utmost precision and appropriate judgment. When misapplied, these tools can cause catastrophic injuries, including skull fractures, nerve damage, or brain trauma.
Medical studies reveal improper instrumental delivery techniques increase injury risk significantly compared to correctly performed procedures. Wheaton healthcare providers must demonstrate thorough training before employing these instruments.
Excessive Force During Delivery
Shoulder dystocia presents a serious obstetric emergency requiring specific maneuvers to resolve safely. Improper management can lead to brachial plexus injuries (Erb’s palsy), resulting in weakness or paralysis in the affected arm.
Medical standards establish precise protocols for managing this complication. Departures from these guidelines resulting in permanent injury may constitute actionable negligence.
Less Common but Serious Causes of Birth Injuries
Less frequent but equally harmful causes of birth injuries include medication errors during labor, communication breakdowns among medical personnel, undiagnosed prenatal conditions, and post-delivery monitoring failures.
Medication mistakes with labor-inducing drugs like Pitocin, anesthesia complications affecting maternal blood pressure, or administration of contraindicated medications can all lead to serious complications when not properly managed.
The first 24 hours after birth require vigilant monitoring. Permanent injuries can result from missed signs of infection, inadequate treatment of jaundice, or overlooked respiratory distress. These moments demand the highest standard of medical attentiveness.
How a Wheaton Birth Injury Lawyer Advances Your Case
Thorough Investigation
Our attorneys examine every aspect of your child’s medical care:
- Obtaining and analyzing all relevant medical records
- Consulting with respected medical experts in relevant specialties
- Identifying specific deviations from accepted practices
- Determining all potentially responsible parties
This methodical approach builds a solid foundation for establishing liability.
Constructing the Negligence Case
Prevailing in birth injury claims requires demonstrating four key elements:
- Healthcare providers owed a duty of care
- They breached this duty through substandard care
- This breach directly caused the injury
- The family suffered measurable damages
We collaborate with qualified medical experts to establish each component while preparing the Certificate of Qualified Expert required under Maryland statute.
Managing Maryland’s Specific Legal Requirements
Birth injury claims involve distinctive procedural steps that must be followed precisely:
- Initial filing with the HCADRO
- Timely submission of the Certificate of Qualified Expert
- Arbitration proceedings (with potential waiver)
- Court filings in Montgomery County Circuit Court
Our attorneys handle these technical aspects, ensuring adherence to all deadlines and procedural rules.
Maryland Laws Affecting Birth Injury Cases
Filing Deadlines
Maryland establishes firm deadlines for birth injury claims:
- For children under age 11, the statute of limitations extends until their 11th birthday, allowing parents time to identify developmental delays that might indicate birth injuries
- For adult patients (the mother), claims must be filed within the earlier of five years from when the injury occurred or three years from when the injury was discovered (Maryland Courts and Judicial Proceedings § 5-109)
Generally, missing these deadlines permanently eliminates the right to recovery, regardless of how clear the negligence might be.
Maryland’s Contributory Negligence Rule
Maryland applies the contributory negligence doctrine, which can prevent recovery if the plaintiff contributed even minimally to the injury. In birth injury cases, defense attorneys may attempt to shift blame to maternal choices during pregnancy.
Our attorneys counter these arguments forcefully, ensuring responsibility remains with negligent healthcare providers rather than vulnerable parents.
Damages Limitations
Maryland Courts and Judicial Proceedings § 3-2A-09 restricts non-economic damages (pain, suffering, emotional distress) in medical malpractice cases. For cases arising in 2025, this cap stands at approximately $905,000.
No limitation applies to economic damages such as medical expenses, ongoing treatment costs, and specialized care needs, allowing families to recover the full amount necessary for their child’s care.
Recoverable Damages in Maryland Birth Injury Cases
Medical Expenses
Birth injuries often require extensive medical treatment:
- Immediate neonatal intensive care
- Surgeries and hospital stays
- Specialist physician services
- Medications and therapy
- Ongoing medical treatments throughout childhood
For children with permanent disabilities like cerebral palsy, lifetime medical costs frequently exceed $1 million. Maryland places no cap on these economic damages, allowing families to recover the full amount of these expenses.
Rehabilitation and Long-Term Care
Many birth injuries require ongoing rehabilitation services:
- Physical therapy to improve mobility
- Occupational therapy for daily living skills
- Speech therapy for communication challenges
- Behavioral treatment for developmental issues
- Specialized educational services
These services aim to maximize the child’s functional abilities despite their injuries. The costs of these necessary interventions qualify as recoverable economic damages.
Specialized Equipment and Home Modifications
Children with permanent disabilities often need:
- Mobility equipment (wheelchairs, walkers, braces)
- Communication devices for those with speech impairments
- Adaptive equipment for feeding, bathing, and other activities
- Home modifications (ramps, widened doorways, accessible bathrooms)
- Specially equipped vehicles for transportation
These substantial expenses represent real financial impacts of birth injuries that Maryland law recognizes as compensable damages.
Non-Economic Damages
These damages address subjective, non-monetary losses:
- Physical pain and discomfort experienced by the injured child
- Emotional suffering and mental anguish
- Diminished quality of life
- Loss of ability to enjoy normal childhood activities
While Maryland caps these damages, they form a significant component of birth injury claims.
Local Medical Facilities and Legal Proceedings in Wheaton
Wheaton families typically receive obstetric care at several Montgomery County facilities, including Holy Cross Hospital, White Oak Medical Center, Shady Grove Medical Center, and Montgomery General Hospital. Each maintains specific labor and delivery protocols that our attorneys thoroughly understand when investigating potential negligence.
Birth injury claims in Wheaton follow particular procedural steps, beginning with filing at Maryland’s HCADRO, submission of expert certification, potential arbitration waiver, and formal complaint filing in Montgomery County Circuit Court in Rockville.
Our attorneys’ familiarity with local court procedures provides valuable advantages for Wheaton families seeking justice.
Contact a Wheaton Birth Injury Attorney Today
When medical negligence permanently affects your child’s life, prompt legal guidance becomes imperative. The decisions you make in the weeks following your child’s birth injury significantly impact your ability to hold responsible parties accountable and secure rightful compensation for your child’s future care.
Our compassionate Wheaton birth injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. offer confidential consultations to evaluate your potential claim while providing much-needed support during this challenging period.
Contact us today for a confidential consultation. We handle these sensitive cases on a contingency basis—you pay nothing unless we secure compensation for your family.