Birth injuries forever alter a family’s journey. When an infant suffers harm due to healthcare provider errors in Montgomery County, parents face both emotional heartbreak and financial strain. For Aspen Hill families, watching a newborn struggle with preventable injuries while medical bills accumulate creates unimaginable pressure.
Our birth injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. combine medical understanding with fierce legal advocacy to hold negligent medical providers accountable. While you focus on your child’s recovery and care, we handle every aspect of your legal claim with precision and dedication.
Understanding Birth Injuries and Legal Accountability 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.
Several parties may bear responsibility for birth injuries in Aspen Hill medical facilities:
- Obstetricians and Physicians: Doctors who fail to identify risk factors, respond properly to emergencies, or use appropriate delivery techniques
- Labor and Delivery Nurses: Nursing staff who inadequately monitor fetal heart rates or fail to alert physicians to warning signs
- Hospitals and Medical Centers: Institutions responsible for hiring qualified staff, maintaining proper equipment, and implementing safety protocols
- Anesthesiologists: Specialists who administer medications during labor and delivery
To establish liability, your attorney must demonstrate through expert medical testimony that providers violated the acceptable standard of care and that this violation directly caused your child’s injuries.
Common Causes of Birth Injuries Due to Medical Negligence
The common causes of birth injuries in Aspen Hill are the following:
Delayed Cesarean Section (C-Section)
When complications arise during childbirth, prompt surgical intervention becomes necessary. Unwarranted delays in performing emergency C-sections can lead to oxygen deprivation, resulting in permanent brain damage and conditions like cerebral palsy.
If Aspen Hill healthcare providers postpone necessary surgery despite signs of fetal distress, they may be held liable for resulting injuries.
Misuse of Forceps or Vacuum Extractors
Instrumental deliveries require exceptional skill and proper technique. When applied incorrectly, these tools can cause:
- Skull fractures and cranial bleeding
- Nerve damage affecting facial movement
- Permanent neurological disorders
- Cerebral hemorrhage
Montgomery County healthcare providers must demonstrate appropriate training before utilizing these instruments.
Failure to Monitor Fetal Distress
Electronic fetal monitoring provides vital information about a baby’s condition during labor. Warning signs requiring immediate attention include:
- Decreased variability in heart rate
- Late decelerations
- Prolonged bradycardia (abnormally slow heart rate)
- Presence of meconium in amniotic fluid
When Aspen Hill medical staff misinterpret these signals or fail to respond appropriately, babies may suffer hypoxic-ischemic encephalopathy (HIE), resulting in permanent brain damage.
Mishandling Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. This obstetric emergency requires specific maneuvers to resolve safely.
Improper handling can cause brachial plexus injuries, including Erb’s palsy, resulting in weakness or paralysis in the affected arm. According to the American College of Obstetricians and Gynecologists, proper technique can prevent most permanent injuries associated with this complication.
Untreated Infections and Additional Medical Errors
Maternal infections like Group B Streptococcus can be transmitted to newborns during delivery if not properly identified and treated. Likewise, conditions such as neonatal jaundice require prompt intervention to prevent kernicterus, a form of brain damage.
Medication errors during labor and delivery pose additional risks.
Maryland Laws on Birth Injury Claims and Statutes of Limitations
Birth injury claims in Maryland follow specific legal procedures and deadlines. Generally, missing these deadlines permanently bars recovery, regardless of how severe the negligence or injury is.
Statutes of Limitations
Maryland Courts and Judicial Proceedings § 5-109 establishes these filing deadlines:
- General Rule: Claims must be filed within five years from when the injury occurred or three years from when the injury was reasonably discovered, whichever comes first
- Minors: For children under 11, the statute of limitations extends until their 11th birthday, allowing parents time to identify developmental delays that might indicate birth injuries
- Wrongful Death: If a birth injury results in death, surviving family members generally have three years from the date of death to file claims under Maryland Courts and Judicial Proceedings § 3-904.
Procedural Requirements
Maryland law imposes specific procedural requirements for birth injury claims:
- Initial filing with the Health Care Alternative Dispute Resolution Office (HCADRO)
- Submission of a Certificate of Qualified Expert within 90 days of filing, attesting that care violated professional standards
- Mandatory arbitration process, which can be waived to proceed directly to court
Failure to comply with these requirements can result in case dismissal regardless of merit, underscoring the importance of skilled legal counsel for Aspen Hill families.
Contributory Negligence Rule
Maryland follows a strict contributory negligence doctrine under which plaintiffs who contribute even slightly to their injuries may be barred from recovery. In birth injury cases, defense attorneys sometimes argue that maternal actions during pregnancy contributed to the injury.
Experienced birth injury attorneys protect families against these claims, ensuring that responsibility remains with negligent healthcare providers rather than vulnerable parents.
Damages Available for Birth Injury Claims in Maryland
Maryland law provides for several categories of recoverable damages in birth injury cases:
Economic Damages
Economic damages cover quantifiable financial losses:
- Medical Expenses: Current and future costs for treatments, surgeries, medications, and hospital stays
- Rehabilitation Costs: Physical therapy, occupational therapy, speech therapy, and developmental interventions
- Specialized Equipment: Adaptive devices, mobility aids, and medical equipment
- Home Modifications: Ramps, widened doorways, and accessible bathrooms
- Care Costs: Home health aides, nursing services, and specialized childcare
Maryland places no cap on economic damages, allowing full recovery of these expenses. For children with permanent disabilities, lifetime costs often exceed several million dollars.
Non-Economic Damages
These damages address subjective, non-monetary losses:
- Physical Pain: Compensation for the actual pain experienced by the injured child
- Emotional Suffering: Mental anguish, anxiety, and psychological impacts
- Diminished Quality of Life: Inability to participate in normal childhood activities and experiences
- Loss of Enjoyment: Reduced ability to experience life’s pleasures due to disability
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.
Loss of Future Earnings
Children with permanent disabilities often face reduced earning capacity as adults. Economic experts calculate these losses based on:
- The nature and extent of the disability
- Projected educational limitations
- Anticipated employment restrictions
- Statistical earnings data for similar demographics
These calculations provide compensation for opportunities lost due to preventable birth injuries.
Contact an Aspen Hill Birth Injury Attorney Today
When medical negligence forever changes your child’s life, time is precious. Early legal intervention preserves crucial evidence, secures expert testimony, and ensures compliance with Maryland’s strict filing deadlines.
Our attorneys at Schochor, Staton, Goldberg and Cardea, P.A. provide personalized legal representation for Aspen Hill families. We handle every legal detail while you focus on your family’s well-being. Contact us today for a free, confidential consultation to discuss your child’s birth injury.