Common Birth Injuries and Complications
Birth injuries vary dramatically in severity—from temporary conditions to catastrophic, permanent disabilities. Your attorney must thoroughly document and prove the specific type and cause of your child’s injury to secure appropriate compensation.
When medical professionals make preventable errors, both infants and mothers suffer significant harm:
Injuries to Babies
According to Standford Medicine, the common types of injuries to babies include brain damage from oxygen deprivation leading to cerebral palsy, nerve injuries such as brachial plexus injuries affecting arm and shoulder movement, skull and clavicle fractures during difficult deliveries, and internal bleeding from trauma.
These injuries may result in lifelong disabilities requiring extensive medical care, therapy, and specialized equipment. While some birth injuries resolve naturally over time, many require immediate medical intervention and ongoing treatment. When caused by medical negligence, these injuries form the basis for birth injury claims.
Brain Injuries (e.g., HIE, Cerebral Palsy)
Oxygen deprivation during birth can lead to hypoxic-ischemic encephalopathy (HIE) and cerebral palsy. These conditions may cause permanent neurological damage, affecting movement, cognitive function, and development. The CDC reports that cerebral palsy affects approximately 1 in 345 children in the United States.
Nerve Damage (Brachial Plexus Injuries)
Excessive force during delivery can damage the brachial plexus nerves that control arm and hand movement. Most traumatic brachial plexus injuries occur when the arm is forcefully pulled or stretched. While some nerve damage resolves naturally, severe cases may require surgery and result in permanent disability.
Fractures and Physical Injuries
Difficult deliveries can cause fractures to a baby’s clavicle, skull, or other bones. The American Academy of Pediatrics recognizes that clavicle fractures are among the most common birth-related injuries, with an incidence of approximately 1% to 1.5% from birth trauma.
Oxygen Deprivation Complications
Birth asphyxia occurs when a newborn doesn’t breathe properly at birth due to oxygen or blood flow disruption. Medical studies confirm this condition damages vital organs, with the brain particularly vulnerable. Affected children often develop specific disabilities: cerebral palsy, seizure disorders, intellectual disabilities, vision problems, and hearing impairments.
These complications typically require immediate NICU care, followed by years of specialized therapy and adaptive equipment. For families, the financial impact is immediate and continues throughout childhood as they face extraordinary medical bills, therapy costs, and home modifications.
Injuries to Mothers
Maternal injuries during childbirth can be severe and sometimes life-threatening. The United States has one of the highest maternal mortality rates among developed nations, with many deaths being preventable with proper care.
Hemorrhage or Internal Injuries
Maternal hemorrhage is defined as a cumulative blood loss of greater than or equal to 1,000 mL or blood loss accompanied by signs or symptoms of hypovolemia within 24 hours after the birth process.
Postpartum hemorrhage is a leading cause of maternal mortality in the United States. The American College of Obstetricians and Gynecologists (ACOG) has established evidence-based protocols for preventing and treating hemorrhage, which medical providers must follow to ensure patient safety.
Preeclampsia and Blood Pressure Mismanagement
Preeclampsia is a serious pregnancy complication characterized by high blood pressure and potential organ damage. When left untreated, it can lead to seizures, stroke, organ damage, and death. Medical providers must vigilantly monitor for signs of this condition throughout pregnancy, according to ACOG guidelines.
Infections and Complications
Untreated infections during pregnancy or after delivery can cause serious harm to both mother and baby. Complications from various bacterial, viral, parasitic or fungal maternal infections can occur at any stage. Medical studies suggest that pregnant women are more vulnerable to certain infections as a result of compensatory physiological and immunologic adaptations.
Maternal Death
Maternal death represents a tragic outcome that devastates families and communities. Common preventable causes include undiagnosed preeclampsia, hemorrhage without adequate emergency response, untreated infections, and missed cardiac conditions during pregnancy.
The CDC’s Pregnancy Mortality Surveillance System tracks maternal deaths in the United States. According to their data, many pregnancy-related deaths could be prevented with proper medical care and timely interventions during pregnancy, childbirth, and the postpartum period.
Common Causes of Birth Injuries (Medical Negligence)
Specific medical errors and protocol violations directly cause the most preventable birth injuries. Identifying exactly how healthcare providers failed your family strengthens your legal claim and establishes clear liability.
Medical professionals must strictly adhere to these vital standards during pregnancy and delivery:
Failure to Monitor Fetal Distress
Continuous fetal monitoring during labor is imperative to detect signs of distress, including abnormal heart rates or decreased movement. ACOG has established guidelines for fetal monitoring, and failure to follow these protocols or respond to concerning patterns can constitute negligence.
Delayed Emergency Intervention (e.g., Late C-section)
When complications arise during delivery, timely intervention is essential. Research published in the American Journal of Obstetrics and Gynecology has established that delays in performing emergency cesarean sections can significantly increase the risk of adverse outcomes for both mother and baby.
Improper Use of Delivery Tools (Forceps/Vacuums)
Forceps and vacuum extractors can help resolve difficult deliveries, but improper use can cause severe injuries. Medical literature has documented increased risks of intracranial hemorrhages, nerve damage, and skull fractures associated with instrumental deliveries.
Medication or Anesthesia Errors
Mistakes in medication dosing, including labor-inducing drugs like Pitocin or pain medications, can harm both mother and baby. The Agency for Healthcare Research and Quality reports that medication errors occur in approximately 5% of all hospital admissions, including labor and delivery units.
Lack of Informed Consent
Medical providers must inform patients about procedures, risks, and alternatives. Failure to obtain proper informed consent before interventions violates both ethical standards and Maryland law, potentially forming the basis for a medical malpractice claim.
Inadequate Response to Complications
Birth complications require prompt, appropriate responses. Failure to recognize and treat conditions like shoulder dystocia, placental abruption, or umbilical cord problems can lead to preventable injuries.
The Joint Commission, an enterprise that affirms the highest standards of healthcare quality and patient safety, identifies communication failures among medical teams as a leading cause of delayed responses to emergencies.
Maryland Birth Injury Laws
Maryland’s strict laws control every aspect of birth injury claims—from filing deadlines to compensation limits. Missing a single deadline can permanently bar your family from receiving any compensation, regardless of the severity of medical negligence.
Families must act quickly and understand the state’s legal requirements:
Statute of Limitations
Maryland law establishes strict deadlines for filing medical malpractice claims, including those involving birth injuries:
General Rule (3 or 5 years)
Under Maryland Courts and Judicial Proceedings § 5-109, medical malpractice claims must generally be filed within the earlier of five years from the date the injury occurred or three years from when the injury was discovered.
Minors (Extended deadline)
For children under age 11, the statute of limitations is extended. A claim can be filed until the child’s 11th birthday or within the standard timeframe, whichever provides more time. This extension recognizes that some birth injuries may not be immediately apparent or diagnosed.
Wrongful Death (3-year limit)
When a birth injury results in death, surviving family members generally have three years from the date of death to file a wrongful death claim under Maryland law.
Maryland’s Cap on Damages
Maryland places statutory limits on certain types of compensation in medical malpractice cases:
Non-Economic Damages Cap (Adjusted annually)
Maryland Courts and Judicial Proceedings § 3-2A-09 limits non-economic damages (pain and suffering) in medical malpractice cases. As of 2025, the cap is approximately $905,000 for most cases, with slight annual increases. For wrongful death cases with multiple beneficiaries, higher limits may apply.
No Cap on Economic Damages
Maryland does not limit economic damages such as medical expenses, lost wages, and costs of ongoing care. This allows families to recover the full amount of current and future financial losses related to the birth injury.
Informed Consent Doctrine
Maryland follows the “reasonable patient” standard for informed consent, meaning healthcare providers must disclose information that would be material to a reasonable patient’s decision about treatment. Failure to provide adequate information about risks and alternatives may constitute negligence, even if the procedure itself was performed correctly.
Types of Damages in Maryland Birth Injury Claims
Birth injury cases often involve millions of dollars in damages to pay for immediate medical bills and lifelong specialized care. Maryland law recognizes the extraordinary financial and emotional toll these preventable injuries impose on families.
Your family deserves full compensation in these distinct categories:
Economic Damages
Economic damages cover the financial costs associated with birth injuries, both past and future:
Medical Expenses
Birth injuries often require comprehensive medical care throughout a child’s life. The CDC’s research on developmental disabilities indicates that conditions like cerebral palsy can require significant financial resources for specialized medical care, therapies, adaptive equipment, and educational support. Economic damages can cover these expenses, ensuring access to indispensable care.
Long-Term Care and Special Education
Children with permanent disabilities may need adaptive equipment, home modifications, specialized education, and lifelong supportive care. Many families find they must convert living spaces to accommodate wheelchairs or medical equipment while also hiring specialized caregivers trained in their child’s specific needs.
Lost Income or Earning Capacity
Parents may lose income while caring for an injured child, and children with permanent disabilities may have reduced earning capacity as adults. Economic damages can compensate for these financial losses, providing long-term stability for affected families.
Non-Economic Damages
Non-economic damages address the intangible harms caused by birth injuries:
Pain and Suffering
Physical pain and discomfort from injuries and treatments can significantly impact the quality of life. Maryland law allows compensation for this suffering, subject to the statutory cap on non-economic damages.
Emotional Distress and Loss of Enjoyment
Birth injuries can cause significant emotional trauma, including anxiety, depression, and grief over lost opportunities. Children with permanent disabilities may experience diminished quality of life and inability to participate in normal activities, for which compensation may be available.
Wrongful Death Damages
When a birth injury results in death, surviving family members may seek specific damages:
Funeral and Burial Costs
The immediate expenses associated with funeral services and burial or cremation can be recovered through a wrongful death claim.
Loss of Companionship and Support
Maryland wrongful death claims allow recovery for the emotional loss of a family relationship, including the companionship, guidance, and support the deceased would have provided.
Survival Action (Victim’s Damages)
A separate claim called “survival action” allows recovery for damages the deceased experienced before death, including pain and suffering and medical expenses.
How to File a Maryland Birth Injury Claim (The Legal Process)
Birth injury claims demand the precise execution of numerous technical legal procedures. A single paperwork error or missed deadline can destroy your case. Experienced attorneys handle these requirements meticulously while you focus on your family’s care.
The Maryland birth injury claim process requires these decisive steps:
Consult an Attorney
The first step in pursuing a birth injury claim is consulting with a qualified medical malpractice attorney. An initial consultation allows the attorney to evaluate the potential claim and advise on legal options.
According to the American Bar Association, early legal consultation is paramount in medical malpractice cases due to their complexity and strict filing deadlines.
Investigation and Case Preparation (Expert Review, Certificate of Merit)
Before filing a claim, attorneys conduct thorough investigations, obtain medical records, and consult with qualified experts. Maryland law requires filing a certificate of a qualified expert, often called a “certificate of merit,” which confirms that the medical care provided violated standards of practice and caused the injury.
Filing the Claim (State’s Health Care ADR Office, Court)
Maryland requires medical malpractice claims to initially be filed with the Health Care Alternative Dispute Resolution (ADR) Office. Claimants can then waive arbitration and proceed directly to court. The formal complaint must detail the alleged negligence, resulting injuries, and damages sought.
Pre-Trial Negotiation and Mediation
Many birth injury cases may be resolved through settlement negotiations before trial. Mediation, a structured negotiation process with a neutral third party, is often used to reach agreements.
Trial (Presenting Evidence and Expert Testimony)
If settlement negotiations are unsuccessful, the case proceeds to trial. Both sides present evidence, including expert testimony explaining the standard of care, how it was violated, and how the violation caused the birth injury. Medical experts play a crucial role in helping juries understand complex medical issues.
Contact a Maryland Birth Injury Lawyer For Free
A preventable birth injury devastates families emotionally and financially. At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys combine medical expertise with aggressive legal representation to secure the maximum compensation your family deserves.
Take Action for Your Family
Every day that passes can weaken your legal position. Maryland’s strict filing deadlines create urgency for birth injury victims. Our attorneys immediately begin investigating your case, preserving key evidence, and building the foundation for substantial compensation.
Contact Us Today
We offer a free, confidential consultation for birth injury victims. Our attorneys will evaluate your case’s strengths, calculate your child’s lifetime needs, and develop a strategic legal plan tailored to your family’s situation. Contact our team today to protect your child’s future and hold negligent medical providers accountable.
