When a cherished moment transforms into a lifetime of challenges, Olney families need answers and support. A preventable birth injury forever alters your child’s future and creates extraordinary financial pressure on your family. Behind each birth injury lies a somber reality: medical professionals failed to meet established care standards, and your child pays the price.

At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys have secured favorable verdicts and settlements for Montgomery County families affected by birth injuries. While you provide your child with needed care, our legal team pursues the financial resources necessary for their lifetime needs.

Birth Injuries at Olney Medical Facilities: Causes and Patterns

Birth injuries in Olney hospitals often result from specific forms of medical negligence that violate accepted care standards. Understanding these causes helps families recognize when they may have grounds for legal action.

Delayed Emergency Cesarean Sections

When complications arise during childbirth, timely cesarean delivery prevents injury. At MedStar Montgomery Medical Center and other local facilities, harmful delays frequently occur due to:

  • Failure to recognize the warning signs of fetal distress
  • Communication breakdowns between nursing staff and physicians
  • Inadequate staffing during evening and weekend hours
  • Reluctance to perform surgery despite clear indicators

These delays allow oxygen deprivation to progress, causing preventable brain damage that affects your child throughout their lifetime.

Improper Use of Delivery Instruments

When labor progresses slowly, Olney obstetricians sometimes employ forceps or vacuum extractors. While these instruments assist difficult deliveries, their misuse causes serious injuries:

  • Skull fractures leading to brain hemorrhage
  • Facial nerve damage resulting in permanent paralysis
  • Brachial plexus injuries affecting arm and shoulder function

Medical standards require proper training and technique when using these instruments. When doctors apply excessive force or use instruments in contraindicated situations, they fall below expected care standards.

Medication Administration Errors

Medication mistakes during labor and delivery pose serious risks. Pitocin (synthetic oxytocin) requires careful monitoring as improper dosing causes excessive contractions that reduce oxygen flow to the baby. Similarly, epidural anesthesia errors can cause maternal blood pressure drops that compromise fetal oxygen supply.

Double-checking systems and proper communication protocols prevent most of these mistakes, making such errors particularly clear examples of negligence.

Inadequate Fetal Monitoring

Electronic fetal monitoring tracks your baby’s heart rate during labor, providing vital information about oxygen status. When Olney healthcare providers:

  • Misinterpretation of heart rate patterns
  • Fail to communicate warning signs to physicians
  • Leave mothers unmonitored for extended periods

Babies experience preventable oxygen deprivation resulting in cerebral palsy, intellectual disabilities, or seizure disorders requiring lifelong care.

Negligent Prenatal Care

Some birth injuries stem from mismanaged pregnancy complications:

  • Undiagnosed maternal infections that harm the baby
  • Untreated preeclampsia, threatening both mother and child
  • Mismanaged gestational diabetes, affecting fetal development

When doctors miss these conditions or fail to implement appropriate treatment plans, they create avoidable risks that often result in birth injuries.

Maryland Birth Injury Laws Protecting Olney Families

Montgomery County birth injury cases must comply with specific Maryland laws that govern when and how you can file a claim.

Proving Medical Negligence

Successful birth injury claims require establishing four key elements:

  1. The healthcare provider owed a duty of care to the mother and baby
  2. This duty was breached through substandard medical care
  3. The breach directly caused the specific birth injury
  4. The injury resulted in measurable damages

Our attorneys document each element with thorough medical evidence and expert testimony, building persuasive cases that clearly establish liability.

Maryland’s Procedural Requirements

Birth injury claims in Maryland involve distinctive procedural steps. Maryland Courts and Judicial Proceedings § 3-2A-04 requires:

This certificate must come from a medical professional with recent clinical experience who attests that care violated accepted standards. Missing this requirement results in case dismissal, regardless of merit, highlighting why experienced legal representation proves vital for Olney families.

Time Limitations: Act Promptly

Maryland Courts and Judicial Proceedings § 5-109 establishes strict deadlines for birth injury claims:

  • Standard Deadline: Claims must be filed within five years from when the injury occurred or three years from when it was discovered, whichever comes first
  • Minor Extension: Children under 11 have until their 11th birthday to file claims
  • Wrongful Death: Three years from the date of death for fatal birth injuries

Missing these deadlines permanently bars compensation regardless of how clear the negligence. Early consultation with an Olney birth injury attorney protects your legal rights.

Identifying Responsible Parties in Olney Birth Injury Cases

Birth injury liability often extends beyond the delivering physician. Our investigations frequently identify multiple responsible parties:

Individual Medical Providers

Healthcare professionals who may bear responsibility include:

  • Obstetricians who failed to respond appropriately to complications
  • Labor and delivery nurses who missed warning signs or failed to communicate concerns
  • Anesthesiologists who administered medication incorrectly
  • Neonatologists who provided substandard newborn care

Each medical professional has specific duties, and failures at any point in the treatment process can lead to preventable harm.

Hospitals and Medical Facilities

MedStar Montgomery Medical Center and other Olney-area facilities may be directly liable for:

  • Inadequate staffing levels, creating unsafe conditions
  • Poor training programs for medical personnel
  • Flawed safety protocols or communication systems
  • Equipment maintenance failures

Under Maryland law, hospitals also face vicarious liability for employee negligence, expanding the scope of potential recovery for injured children.

Pharmaceutical Companies

In rare cases, defective medications or inadequate warning labels contribute to birth injuries. When pharmaceutical products play a role in your child’s injury, manufacturers may share liability under product liability laws.

Compensation Available for Birth Injuries in Olney

Maryland law recognizes several categories of damages for families affected by birth injuries:

Economic Damages: Meeting Practical Needs

Birth injuries create substantial financial burdens:

  • Immediate medical costs for NICU care and specialized treatment
  • Future surgeries, medications, and hospital stays
  • Therapeutic services, including physical, occupational, and speech therapy
  • Adaptive equipment and assistive technology
  • 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 Suffering

Beyond financial losses, birth injuries cause significant non-economic harm:

  • Physical pain from injuries and treatments
  • 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.

Wrongful Death Compensation

When birth injuries result in death, Maryland’s Wrongful Death Act allows parents to recover:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Mental anguish and emotional suffering
  • Loss of companionship and parental relationship

These cases involve specific procedural requirements and sometimes modified damage caps when multiple beneficiaries are involved.

How an Olney Birth Injury Attorney Builds Your Case

Securing fair compensation for birth injuries requires meticulous case preparation and strategic legal representation.

Thorough Medical Investigation

Our attorneys examine every aspect of your child’s birth injury:

  • We review prenatal, labor, delivery, and neonatal medical records
  • We analyze fetal monitoring strips for warning signs
  • We interview witnesses, including nurses, technicians, and family members
  • We consult with specialist physicians to identify standard of care violations

This detailed investigation creates compelling evidence of liability while establishing the full extent of your child’s injuries.

Expert Medical Testimony

Maryland law requires birth injury claims to be supported by qualified medical experts. We work with respected specialists in:

  • Obstetrics and maternal-fetal medicine
  • Neonatology and pediatric neurology
  • Pediatric rehabilitation and life care planning
  • Economic analysis for long-term damages

These experts explain medical concepts clearly to judges and juries while establishing how negligence caused your child’s specific injuries.

Skilled Negotiation and Trial Preparation

Most birth injury claims resolve through settlement negotiations. Our attorneys:

  • Present comprehensive evidence of negligence
  • Document full economic and non-economic damages
  • Counterinsurance defense strategies
  • Refuse inadequate offers that fail to meet your child’s needs

When fair settlements aren’t offered, our trial attorneys present compelling cases to Montgomery County juries, explaining complex medical evidence and demonstrating how the injury affects your child’s life.

Protect Your Child’s Future Today

The moments following a birth injury are critical for your family’s future. While you care for your child, let our Olney attorneys fight for the compensation that secures their future. Contact our team today to protect your newborn’s rights and hold negligent medical providers accountable.