The birth of your precious child should be a moment of joy, not the beginning of a lifetime battle against preventable medical harm. For Bethesda parents whose newborns suffer injuries during delivery, each day brings painful questions about their child’s future and growing worries about paying for specialized care. During this difficult time, you need more than kind words—you need decisive legal action.
At Schochor, Staton, Goldberg and Cardea, P.A., our Bethesda birth injury attorneys channel family pain into effective advocacy. Having secured over $1 billion for victims of medical negligence, we fight for the complete compensation your injured child requires—covering immediate medical expenses and lifelong support. As you attend to your child’s care, our legal team works tirelessly to secure the justice your family deserves.
What Are Birth Injuries and Why Do They Occur?
Birth injuries differ fundamentally from birth defects. While birth defects develop during pregnancy, often due to genetic factors, birth injuries result from avoidable harm during labor or delivery. Medical negligence during childbirth can transform what should be a blissful moment into a lifetime of extraordinary challenges.
Several preventable errors frequently cause birth injuries in Bethesda hospitals and birthing centers:
- Oxygen Deprivation During Delivery: When medical teams fail to monitor fetal oxygen levels properly, even brief periods without adequate oxygen can cause hypoxic-ischemic encephalopathy (HIE) and permanent brain damage. Research published in the Journal of Perinatal Medicine confirms that oxygen deprivation lasting mere minutes can lead to cerebral palsy and intellectual disabilities requiring lifelong support.
- Improper Use of Delivery Instruments: Forceps and vacuum extractors, when misused, can cause devastating injuries to newborns. Excessive force with these instruments may fracture an infant’s skull, damage facial nerves, or cause intracranial bleeding. Some studies have shown that instrument-assisted deliveries carry elevated risks of trauma compared to either spontaneous vaginal births or properly executed cesarean sections.
- Delayed Cesarean Sections: When complications arise that threaten fetal wellbeing, timely cesarean delivery prevents significant injuries. Research in the American Journal of Obstetrics and Gynecology found that delays in performing emergency C-sections substantially increase the risk of neurological damage. These delays often stem from failure to recognize warning signs, inadequate communication between medical team members, or insufficient staffing.
- Mismanagement of Shoulder Dystocia: This uncommon but dangerous complication occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. Improper handling of this emergency can result in brachial plexus injuries (Erb’s palsy) or oxygen deprivation. Proper obstetrical training includes specific maneuvers to resolve shoulder dystocia safely.
- Untreated Maternal Infections: When physicians fail to identify and treat maternal infections like Group B streptococcus, serious harm to the newborn can result, including meningitis or sepsis. The Centers for Disease Control and Prevention (CDC) reports that timely intervention for maternal conditions markedly reduces the risk of birth complications and injuries.
Maryland Negligence Laws and Liability in Birth Injury Cases
Birth injury cases in Bethesda must follow Maryland’s specific medical malpractice laws, which include detailed requirements for establishing negligence and strict deadlines for filing claims.
- Standard of Care Requirements: Healthcare providers serving Bethesda families must deliver care that meets established professional standards. This “standard of care” represents what a reasonably skilled practitioner would do under similar circumstances. When providers deviate from this standard and cause harm, they may be legally responsible for resulting injuries.
- Maryland’s Filing Deadlines: Birth injury claims in Maryland face strict time limits that can permanently bar recovery if missed. The standard statute of limitations requires filing within the earlier of:
- Five years from when the injury occurred; or
- Three years from when the injury was reasonably discovered
For children under age 11, Maryland extends this deadline until the child’s 11th birthday, recognizing that some neurological injuries may not become apparent until developmental delays emerge.
- Multiple Responsible Parties: Birth injury cases often involve several liable parties. Obstetricians, nurses, anesthesiologists, and hospitals themselves may share responsibility depending on the circumstances. Maryland law allows the pursuit of claims against all negligent parties, ensuring full accountability and maximizing potential compensation.
Types of Birth Injury Claims in Bethesda, MD
Bethesda families may pursue various types of birth injury claims depending on the specific circumstances and resulting harm.
- Permanent Disability Claims: When negligence causes lasting conditions like cerebral palsy, these claims address the substantial lifetime costs of care. Children with cerebral palsy often require specialized medical treatment, therapy services, and assistive technology throughout their lives. These expenses frequently total millions of dollars over a lifetime.
- Brachial Plexus and Nerve Injuries: Excessive force during delivery can damage the brachial plexus, a network of nerves controlling arm and shoulder movement. These injuries may cause Erb’s palsy or Klumpke’s palsy, resulting in partial or complete paralysis of the affected limb. While some injuries heal with therapy, others cause permanent impairment requiring ongoing intervention.
- Maternal Injury Claims: Mothers may suffer serious harm due to negligent obstetrical care. Uncontrolled hemorrhage, unrecognized preeclampsia, or improper surgical techniques during cesarean sections can cause devastating injuries or death.
- Hospital System Liability: Bethesda medical facilities may bear direct responsibility for organizational failures or vicarious liability for employee negligence. Hospitals must maintain appropriate protocols, provide adequate staffing, and ensure proper equipment maintenance. System-wide mistakes in these areas may constitute institutional negligence.
