The unexpected trauma of a birth injury forever changes a family’s trajectory. In Hagerstown, parents who anticipated joyful celebrations instead face years of specialized therapies, medical appointments, and financial pressures.
When healthcare providers make preventable mistakes during childbirth, the consequences ripple through every aspect of your family’s life—from daily care routines to long-term educational and developmental planning.
At Schochor, Staton, Goldberg and Cardea, P.A., our birth injury attorneys provide steadfast representation for Washington County families facing the repercussions of medical negligence during childbirth. We’re determined to secure the financial resources your child needs while holding responsible parties accountable for substandard care.
Understanding Birth Injuries in Hagerstown
Birth injuries differ fundamentally from birth defects. While birth defects typically develop during pregnancy due to genetic factors or maternal health conditions, birth injuries occur specifically during the delivery process due to physical trauma or oxygen deprivation—often resulting from medical negligence.
Common birth injuries seen in Hagerstown medical facilities include:
- Cerebral Palsy: This group of permanent movement disorders typically results from brain damage during birth. The condition affects muscle tone, posture, and motor skills, requiring lifelong medical intervention and support. When caused by preventable oxygen deprivation during delivery, cerebral palsy may constitute grounds for a medical negligence claim.
- Brachial Plexus Injuries: Damage to the nerve network controlling the shoulders, arms, and hands often occurs during difficult deliveries. Erb’s palsy, the most common form, causes weakness or paralysis in the affected arm. These injuries frequently result from excessive force or improper technique during deliveries involving shoulder dystocia.
- Hypoxic-Ischemic Encephalopathy (HIE): This severe brain injury results from oxygen deprivation during birth. Even brief periods without adequate oxygen can cause permanent neurological damage, affecting cognitive function, physical development, and quality of life. Proper fetal monitoring and timely intervention should prevent most cases of HIE.
- Skull Fractures and Brain Hemorrhages: Physical trauma during delivery, often from improper forceps or vacuum extractor use, can fracture a newborn’s skull or cause intracranial bleeding. These injuries may lead to permanent brain damage, developmental delays, or physical disabilities requiring extensive rehabilitation.
Medical Negligence in Birth Injury Cases
Birth injuries often result from specific forms of medical negligence during pregnancy, labor, or delivery. Identifying exactly how healthcare providers failed your family strengthens your legal claim and establishes clear liability.
Failure to Monitor Fetal Distress
Continuous electronic fetal monitoring during labor provides vital information about the baby’s condition. When healthcare providers misinterpret data, ignore warning signs, or fail to communicate concerning patterns, babies may suffer preventable oxygen deprivation.
Warning signs requiring immediate attention include abnormal heart rate patterns, decreased variability, late decelerations after contractions, and meconium in amniotic fluid. When Hagerstown medical staff miss these indicators or respond inadequately, even brief oxygen deprivation can cause permanent neurological damage.
Delayed Emergency Interventions
When complications arise during childbirth, timely intervention becomes imperative. Research published in the American Journal of Obstetrics and Gynecology confirms that delays in performing emergency cesarean sections significantly increase the risk of adverse outcomes for both mother and baby.
Common reasons for harmful delays in Washington County facilities include:
- Poor communication between nurses and physicians
- Insufficient staffing during nights and weekends
- Operating room availability issues
- Hesitation to intervene despite clear warning signs
These preventable delays frequently result in oxygen deprivation and permanent neurological damage.
Improper Use of Delivery Instruments
When labor progresses slowly or complications develop, obstetricians sometimes employ devices to assist delivery. These instruments require proper training, careful technique, and appropriate patient selection.
In Hagerstown birthing centers, these instrument-related injuries have resulted in permanent conditions, including facial paralysis, developmental delays, and lifelong physical limitations.
Medication Errors During Labor
Medication mistakes during childbirth pose significant risks to both mother and baby. Pitocin (synthetic oxytocin), commonly used to stimulate contractions, requires careful dosing and continuous monitoring. Excessive Pitocin can cause abnormally strong contractions that restrict fetal oxygen supply.
Similarly, improper anesthesia administration can lower maternal blood pressure, reducing placental blood flow. Medication errors occur with concerning frequency in Washington County hospitals, often involving calculation mistakes or failure to account for maternal-fetal physiology.
Maryland Laws Governing Birth Injury Claims
Maryland imposes specific legal requirements for birth injury claims that Hagerstown families must understand to protect their rights.
Statute of Limitations
Maryland Courts and Judicial Proceedings §5-109 establishes strict deadlines for filing medical malpractice claims:
- Five years from when the injury occurred, or
- Three years from when the injury was reasonably discovered, whichever comes first
For children injured at birth, Maryland provides valuable extensions. Courts and Judicial Proceedings §5-201 typically allows claims until the child’s 11th birthday for most birth injuries. This extension recognizes that some neurological injuries become apparent only as developmental milestones are missed.
Missing these deadlines permanently bars recovery regardless of case merit—making timely legal consultation imperative for Hagerstown families.
Certificate of Qualified Expert Requirement
Maryland Courts and Judicial Proceedings §3-2A-04 requires a Certificate of Qualified Expert within 90 days of filing with the Health Care Alternative Dispute Resolution Office. This certificate must:
- Attest that healthcare providers violated the standard of care
- Confirm this violation directly caused the birth injury
- Come from a professional with recent clinical experience in the relevant specialty
The certifying expert must have clinical experience, have provided consultation, or have taught medicine in the defendant’s specialty within five years. If this certificate fails to meet Maryland’s strict requirements, courts may dismiss the case regardless of its merits.
Damages Available in Maryland Birth Injury Cases
Maryland law recognizes several categories of recoverable damages in birth injury cases:
Economic Damages: These compensate for tangible financial losses, including:
- Medical expenses (past, current, and future)
- Therapeutic interventions and rehabilitation
- Specialized equipment and assistive devices
- Home modifications for accessibility
- Educational support and interventions
- Lost earning capacity
Maryland places no cap on economic damages, allowing full recovery of all necessary expenses regardless of amount.
Non-Economic Damages: These compensate for intangible losses such as:
- Physical pain and discomfort
- Mental suffering and emotional distress
- Loss of normal childhood experiences
- Diminished quality of life
Maryland Courts and Judicial Proceedings §3-2A-09 caps non-economic damages in medical malpractice cases. For cases arising in 2025, this cap stands at approximately $905,000, with modest annual inflation adjustments.
