The moment a birth injury occurs, time stands still for Milford Mill families. What should be a joyous celebration becomes the first day of an unexpected journey filled with medical appointments, therapy sessions, and worries about your child’s future. 

For over three decades, Schochor, Staton, Goldberg and Cardea, P.A. has represented Maryland families whose children suffered birth injuries due to medical negligence. Our attorneys have secured over $1 billion for clients, providing families with resources for medical care while holding responsible parties accountable.

Statute of Limitations for Maryland Birth Injury Claims

Birth injury claims in Maryland face strict filing deadlines that families must understand to preserve their legal rights.

General Rule: Alternative Deadlines

Maryland Courts and Judicial Proceedings § 5-109 establishes two potential deadlines for filing medical malpractice claims. A lawsuit must be initiated within the earlier of:

  • Five years from when the injury occurred, or
  • Three years from when the injury was reasonably discovered

For birth injuries immediately apparent at delivery, the five-year period begins running on the birth date. However, some conditions manifest only as developmental delays that become noticeable months or years later, potentially extending the three-year discovery period.

Special Provisions for Minors

Maryland law provides important protections for children with birth injuries. Under traditional interpretations, the statute of limitations “tolls” (pauses) until the child’s 11th birthday, allowing claims until the child turns 14.

More significantly, case law established that minors retain the right to file claims until three years after reaching adulthood (age 18), effectively allowing suits until age 21. 

Separate Parental Claims

Parents may bring their own claims for expenses and emotional distress related to a child’s birth injury. These parental claims typically face the standard three-year limitation period from discovery without tolling provisions.

Consequences of Missing Deadlines

Filing after the applicable deadline will likely result in permanent dismissal, regardless of the claim’s merit or the severity of injury. This makes early consultation with a birth injury attorney absolutely necessary to protect your family’s rights.

Types of Damages in Maryland Birth Injury Cases

Maryland law provides several categories of compensation for families affected by birth injuries:

Economic Damages (Unlimited Recovery)

Unlike some states, Maryland places no cap on economic damages—the actual financial losses related to the birth injury:

Medical Expenses

Birth injuries often require immediate intensive care followed by ongoing specialized treatment. Compensation covers past medical bills and projected future needs, including surgeries, hospitalizations, medications, and regular physician visits.

Lifelong Care Costs

Children with permanent disabilities frequently require:

  • Residential care or in-home nursing assistance
  • Specialized equipment like wheelchairs, communication devices, and adaptive technology
  • Home modifications to accommodate disabilities

Therapy and Rehabilitation

Many birth injuries necessitate ongoing therapeutic services to maximize function and independence:

  • Physical therapy to improve mobility
  • Occupational therapy for daily living skills
  • Speech therapy for communication challenges
  • Behavioral treatment for associated conditions

Lost Income

When parents must reduce work hours or leave employment to care for an injured child, these lost wages qualify as recoverable damages. Additionally, children with permanent disabilities often face reduced earning capacity throughout their lives.

Non-Economic Damages (Subject to Caps)

Maryland Courts and Judicial Proceedings § 3-2A-09 limits non-economic damages in medical malpractice cases:

  • Pain and Suffering: Compensation for physical pain and discomfort experienced by the injured child.
  • Disability and Life Quality Reduction: Recognition of the limitations and missed opportunities resulting from the injury.
  • Parental Emotional Anguish: Compensation for the psychological suffering parents experience when witnessing their child’s preventable injury and ongoing challenges.

As of 2025, Maryland’s non-economic damages cap stands at approximately $905,000 for most cases, with annual adjustments for inflation. For birth injury cases resulting in death with multiple beneficiaries, this cap increases to approximately $1.13 million.

Wrongful Death Compensation

When birth injuries prove fatal, Maryland’s wrongful death statute allows parents to recover additional damages for:

  • Funeral and burial expenses
  • Mental anguish and emotional pain
  • Loss of companionship and society

These claims involve particular legal requirements under Maryland Courts and Judicial Proceedings § 3-904.

Common Medical Errors Leading to Birth Injury Claims in Maryland

Several recurring patterns of negligence appear in Milford Mill birth injury cases:

Failure to Monitor Fetal Distress

Continuous electronic monitoring during labor provides vital information about a baby’s condition. When healthcare providers misinterpret data or ignore warning signs, babies may suffer oxygen deprivation, resulting in hypoxic-ischemic encephalopathy (HIE), cerebral palsy, or permanent intellectual disabilities.

Medical standards require proper monitoring equipment, trained personnel who can interpret results accurately, and prompt communication of concerning findings to physicians.

Delayed or Improper C-Sections

When complications arise during labor, timely cesarean delivery often prevents serious injury. Unnecessary delays in performing necessary C-sections frequently lead to oxygen deprivation and resulting brain damage.

Misuse of Delivery Instruments

Forceps and vacuum extractors require proper training and careful application. When doctors apply excessive force or use these tools in contraindicated situations, they may cause:

  • Skull fractures and intracranial bleeding
  • Facial nerve damage leading to facial paralysis
  • Brachial plexus injuries affecting arm and shoulder function (Erb’s palsy)

These physical injuries often accompany neurological damage, creating multiple health challenges requiring coordinated care.

Medication and Prenatal Care Errors

Some birth injuries result from mismanagement of pregnancy complications:

  • Untreated maternal infections that transmit to babies during delivery
  • Uncontrolled gestational diabetes leading to macrosomia and delivery complications
  • Unmanaged preeclampsia, threatening both maternal and fetal health
  • Improper use of labor-inducing drugs like Pitocin, causing uterine hyperstimulation

When healthcare providers miss these conditions or fail to manage them appropriately, resulting birth injuries may constitute medical negligence.

Milford Mill-Specific Considerations for Birth Injury Lawsuits

While Milford Mill birth injury cases follow the same state laws as others in Maryland, several local considerations may affect your family’s claim:

  • Birth injury cases involving Milford Mill families typically proceed in Baltimore County Circuit Court, though claims against Baltimore City hospitals would be filed in that jurisdiction. Each court has specific local rules and procedural requirements that experienced attorneys understand and navigate effectively.
  • Maryland law requires birth injury claims to be supported by qualified medical experts who can testify about the standard of care and how it was violated. Attorneys with established relationships with Baltimore-area medical experts provide advantages when building these technically demanding cases.
  • Birth injury litigation involves numerous specialized procedural requirements under Maryland law, including initial filing with the Health Care Alternative Dispute Resolution Office (HCADRO) and specific documentation requirements. 

Call a Milford Mill Birth Injury Lawyer Today

Don’t let time slip away while you consider your options. Contact our team today for a free, confidential consultation to evaluate your child’s case and understand your legal rights. Your child deserves both justice and the resources needed for the best possible future—we’re here to help secure both.