Birth injuries occur when preventable harm comes to infants or mothers during pregnancy, labor, or delivery. These injuries can range from temporary conditions to permanent disabilities requiring lifelong care. For Ellicott City families, such injuries transform what should be life’s most joyful moment into a time of uncertainty and worry.
Schochor, Staton, Goldberg and Cardea, P.A. provides dedicated legal representation for those affected by birth injuries. Our attorneys combine medical knowledge with legal acumen to build strong cases while offering personal support throughout this difficult time.
Why You Need an Experienced Birth Injury Lawyer in Ellicott City
Compassionate Guidance Through Difficult Decisions
Birth injury cases involve both emotional pain and financial hardships. An Ellicott City birth injury attorney provides supportive guidance as you consider your legal options. We explain the legal process in clear terms, answer your questions honestly, and help you make informed decisions without adding stress during this already difficult time.
Thorough Investigation of Medical Negligence
Proving that a birth injury resulted from medical negligence requires a detailed investigation. Your attorney will secure and analyze all relevant medical records, including prenatal care notes, labor and delivery documentation, and fetal monitoring strips.
We work with respected medical experts who review these records and provide professional opinions about whether care has met accepted standards. These experts help establish exactly how and why your child’s injury occurred and who bears responsibility.
Managing Insurance Companies and Legal Procedures
Healthcare providers and hospitals have powerful insurance companies and legal teams protecting their interests. These insurers often attempt to minimize claims or avoid liability entirely. Your Ellicott City birth injury lawyer serves as your advocate against these well-resourced opponents.
Maryland’s medical malpractice laws include specific procedural requirements that differ from other injury claims. Your attorney manages these technical aspects while you focus on your child’s care.
Pursuing Maximum Compensation for Your Child
Birth injuries often require extensive care throughout childhood and potentially into adulthood. Your attorney works to secure compensation, covering both current and future needs.
This includes calculating lifetime care costs with help from medical economists and life care planners who project expenses for treatments, therapies, equipment, education, and support services.
Understanding Birth Injuries and Negligence in Maryland
What Constitutes a Birth Injury
Birth injuries differ from birth defects. Birth injuries result from events during pregnancy, labor, or delivery—often due to medical negligence. Birth defects typically develop during pregnancy due to genetic factors or other influences unrelated to medical care.
Common birth injuries seen in Ellicott City cases include brain damage from oxygen deprivation, brachial plexus injuries affecting arm function, bone fractures during delivery, and cerebral palsy linked to birth trauma.
Not every birth complication indicates negligence. A legitimate medical malpractice claim requires showing that the injury resulted from care falling below accepted medical standards.
Medical Negligence Standards in Maryland
Healthcare providers in Maryland must meet the “standard of care,” defined as what a reasonably prudent medical professional with similar training would do under similar circumstances. When providers deviate from these standards through action or inaction, and injury results, they may be liable for medical negligence.
Common Causes of Birth Injuries in Ellicott City Hospitals
Delayed Cesarean Section
Emergency C-sections become necessary when complications threaten the mother or baby. When Howard County hospitals or physicians delay necessary C-sections, babies may suffer oxygen deprivation, leading to permanent brain damage.
Failure to Monitor Fetal Distress
Proper fetal monitoring during labor is fundamental to safe childbirth. Electronic monitoring tracks the baby’s heart rate and can identify potential oxygen deprivation before permanent damage occurs. Medical staff must correctly interpret monitoring data and respond appropriately to warning signs.
Improper Use of Delivery Tools
When labor progress slows, physicians sometimes employ forceps or vacuum extractors to assist. While useful when used correctly, these instruments require proper training and technique. Misuse can cause serious injuries, including skull fractures, brain hemorrhages, facial nerve damage, or scalp injuries.
Excessive Force or Mismanaged Shoulder Dystocia
Shoulder dystocia—when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery—requires specific, gentle maneuvers to resolve safely. Using excessive force or improper techniques can damage the brachial plexus nerves controlling arm function, resulting in Erb’s palsy or other nerve injuries.
Medication or Anesthesia Errors
Medication mistakes during labor and delivery can harm both mother and baby. Improper Pitocin administration can cause abnormally strong contractions restricting fetal oxygen. Epidural errors can cause maternal blood pressure drops, affecting fetal blood flow.
Negligent Prenatal Care
Some birth injuries develop from problems that could have been identified and addressed with proper prenatal care, such as failure to diagnose maternal conditions like preeclampsia or gestational diabetes or inadequate monitoring of high-risk pregnancies.
Maryland Birth Injury Laws
Filing Deadlines
Maryland sets strict timelines for birth injury claims:
- Adult claims must be filed within five years of the injury or three years from discovery, whichever comes first
- For children with birth injuries, the deadline extends until their 11th birthday in most cases
- Wrongful death claims must be filed within three years of death
Generally, missing these deadlines bars recovery permanently, making early legal consultation imperative.
Pre-Lawsuit Requirements
Maryland requires specific steps before court proceedings begin:
Health Care Alternative Dispute Resolution Office filing is mandatory, though most cases eventually proceed to court rather than arbitration.
A certificate of qualified expert must be submitted within 90 days and signed by a medical professional attesting that the standard of care was violated and caused the injury.
Damage Limitations
Maryland caps non-economic damages (pain and suffering) in medical malpractice cases. The 2025 limit approximates $905,000 for most cases, with annual adjustments for inflation.
No cap exists for economic damages, allowing full recovery of medical expenses, care costs, and lost income—often the largest component of birth injury compensation.
Compensation Available for Birth Injury Victims
Economic Damages
These address actual financial losses:
- Medical expenses cover treatments, surgeries, hospitalizations, medications, and therapy—both current and future.
- Rehabilitation costs include physical, occupational, and speech therapy aimed at maximizing function and development.
- Adaptive equipment ranges from wheelchairs and braces to communication devices and other specialized tools.
- Home modifications may include ramps, widened doorways, accessible bathrooms, and other changes needed to accommodate disabilities.
- Lost earning capacity compensates for the child’s reduced ability to work as an adult due to their condition.
Non-Economic Damages
These address non-financial harms:
- Physical pain experienced by the child due to the injury and subsequent treatments
- Altered quality of life and inability to participate in normal childhood activities
- Emotional distress affecting both the child and family members
While capped under Maryland law, these damages remain an important component of just compensation.
How Our Glen Burnie Birth Injury Lawyers Help
Investigating Your Case
We thoroughly examine all medical records, including:
- Prenatal care documents
- Labor and delivery notes
- Fetal monitoring strips
- Neonatal care records
Medical experts then review these materials to identify where care deviated from accepted standards and how this caused your child’s specific injury.
Building Your Claim
Our attorneys handle all technical aspects of your case:
- Filing with required state agencies
- Obtaining expert certificates
- Preparing detailed complaints
- Gathering supporting evidence
- Meeting all procedural requirements
This careful preparation creates the strongest possible foundation for your claim.
Securing Fair Compensation
We work to obtain compensation addressing all aspects of harm:
- Consulting with life care planners to project future needs
- Working with economic experts to calculate the financial impact
- Documenting all facets of pain, suffering, and quality of life effects
- Pursuing all available forms of compensation under Maryland law
Our attorneys negotiate skillfully with insurance representatives while preparing thoroughly for trial if necessary.
Supporting Your Family
Beyond legal representation, we provide guidance throughout this challenging time:
- Explaining medical and legal concepts clearly
- Keeping you informed about case developments
- Connecting you with helpful resources
- Offering steady support throughout the process
Taking Action for Your Child’s Future
If your child suffered a birth injury in Glen Burnie or elsewhere in Anne Arundel County, timely legal consultation is vital. Maryland’s filing deadlines limit the time available to pursue compensation, making swift action necessary to protect your rights.
Schochor, Staton, Goldberg and Cardea, P.A. offers free, confidential consultations for families affected by birth injuries. We handle these cases on a contingency fee basis—you pay nothing unless we secure compensation for your family.
Contact our team today to discuss your situation and learn how we can help secure the resources your child needs. Your family deserves both quality care for your child and accountability from those responsible for preventable harm.