For Montgomery Village families, the shock of discovering that your newborn has suffered a preventable injury can be devastating. The combination of immediate medical concerns, uncertainty about your child’s future, and unexpected financial pressures creates a perfect storm of stress during what should be a joyful time.

Maryland law provides specific pathways for families to recover compensation when medical negligence causes birth injuries. At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys have secured over $1 billion for clients harmed by preventable medical errors.

What Constitutes a Birth Injury Under Maryland Law?

Maryland law recognizes birth injuries as harm suffered by infants during labor and delivery that could have been prevented with proper medical care. These injuries must result from substandard care that falls below recognized medical protocols.

Common Birth Injuries in Montgomery Village Cases

  • Oxygen Deprivation Injuries: When babies experience reduced oxygen during birth, permanent brain damage can occur within minutes. Hypoxic-ischemic encephalopathy (HIE) often leads to cerebral palsy, intellectual disabilities, seizure disorders, and developmental delays. 
  • Nerve Damage: Excessive force or improper maneuvers during difficult deliveries can damage the brachial plexus nerves controlling arm and shoulder movement. Erb’s palsy, the most common form, causes weakness or paralysis in the affected arm. While some cases resolve naturally, severe nerve damage may require surgery and result in permanent limitations.
  • Physical Trauma: Inappropriate delivery techniques or misused instruments can cause fractures, particularly to the clavicle and skull. Improperly applied forceps or vacuum extractors may cause skull fractures, brain hemorrhages, facial paralysis, or spinal cord injuries. These physical injuries sometimes accompany neurological damage, creating multiple health challenges.
  • Infectious Complications: Untreated maternal infections can be transmitted to babies during delivery. Group B streptococcus, untreated urinary tract infections, and chorioamnionitis can lead to neonatal sepsis or meningitis. When providers fail to screen for, identify, or treat these infections appropriately, newborns may suffer permanent harm from conditions that should have been prevented.

Types of Damages Available in Montgomery Village Birth Injury Claims

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

  • Medical Expenses: Birth injuries often require immediate neonatal intensive care followed by ongoing specialized treatment. Compensation covers past medical bills and projected future medical needs, including surgeries, hospital stays, medications, and regular physician visits. Unlike some states, Maryland places no cap on these economic damages, allowing recovery of all necessary medical costs.
  • Specialized Care and Equipment: Children with permanent disabilities typically require therapeutic services like physical, occupational, and speech therapy. They may also need adaptive equipment such as braces, wheelchairs, communication devices, and specialized transportation. Home modifications for accessibility are another substantial expense families face. All these costs qualify as recoverable damages.
  • 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 may have reduced earning capacity throughout their lives. Economic experts calculate these future losses based on the specific limitations imposed by the injury.
  • Non-Economic Damages: Maryland law recognizes the physical pain, emotional suffering, and diminished quality of life experienced by children with birth injuries. Parents also experience significant emotional distress when their child suffers preventable harm. While Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages (approximately $905,000 for cases arising in 2025), these remain an important component of birth injury compensation.
  • Wrongful Death Compensation: When birth injuries prove fatal, Maryland’s wrongful death statute allows parents to recover for funeral expenses, emotional pain, and lost companionship. These cases involve specific procedures under Maryland Courts and Judicial Proceedings § 3-904.

Common Medical Malpractice Situations Leading to Birth Injuries

Several recurring patterns of negligence appear in Montgomery Village birth injury cases:

  • Fetal Monitoring Failures: Electronic fetal 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 permanent brain damage. Proper monitoring allows timely intervention when distress occurs.
  • Delayed Emergency C-Sections: When complications arise during labor, prompt cesarean delivery often prevents serious injury. Delays in performing necessary C-sections frequently lead to oxygen deprivation and resulting brain damage. Medical standards require timely surgical intervention when fetal monitoring shows distress, when labor fails to progress, or when complications like placental abruption or umbilical cord problems occur.
  • Medication Errors: Mistakes in medication dosing during labor and delivery pose serious risks. Improper use of labor-inducing drugs like Pitocin can cause abnormally strong contractions that reduce oxygen flow to the baby. Similarly, anesthesia errors can affect both maternal and fetal well-being.
  • Hospital Systemic Problems: Some birth injuries result from organizational failures rather than individual provider errors. Inadequate staffing, poor communication between team members, insufficient training programs, or flawed safety protocols can all contribute to preventable harm.

Maryland Laws and Statutes Relevant to Birth Injury Claims

Several Maryland laws directly impact birth injury claims:

  • Statute of Limitations: Under Maryland Courts and Judicial Proceedings § 5-109, medical malpractice claims must generally be filed within the earlier of five years from when the injury occurred or three years from when the injury was discovered. For children with birth injuries, the statute extends until their 11th birthday in most cases, recognizing that some conditions may not become apparent until developmental delays emerge.
  • Pre-Litigation Requirements: Maryland law requires birth injury claims to be filed initially with the Health Care Alternative Dispute Resolution Office (HCADRO). A certificate from a qualified medical expert must be submitted within 90 days, attesting that care violated accepted standards and caused injury.
  • Damage Caps: While Maryland places no limit on economic damages (medical expenses, lost income, care costs), non-economic damages (pain, suffering, emotional distress) are capped by statute. This cap adjusts annually for inflation.
  • Liability Standards: Healthcare providers must deliver care meeting the standard that a reasonably capable professional with similar training would provide under comparable circumstances. Establishing this standard typically requires expert testimony from qualified medical professionals.

How Negligence Is Proven in Birth Injury Cases

Establishing medical negligence in a Montgomery Village birth injury case requires proving four key elements:

  • Duty of Care: The healthcare provider had a professional obligation to provide care meeting accepted standards. This element is typically straightforward to establish through the provider-patient relationship.
  • Breach of Duty: The provider failed to meet the applicable standard of care. This requires expert testimony explaining what actions the standard needed and how the provider’s conduct fell short.
  • Causation: The provider’s negligence directly caused the specific birth injury. Medical evidence must link the substandard care to the resulting harm, often the most technically challenging aspect of birth injury cases.
  • Damages: The injury resulted in compensable harm, including medical expenses, ongoing care needs, and pain and suffering. Economic experts help calculate lifetime care requirements and financial impacts.

Steps to Filing a Birth Injury Claim and Legal Process

The path to compensation for Montgomery Village families involves several steps:

  1. Initial Consultation: An experienced birth injury attorney evaluates your case’s merits, explains legal options, and outlines the path forward. This consultation is typically free and allows families to make informed decisions about pursuing a claim.
  2. Investigation and Evidence Collection: Your attorney obtains and reviews all relevant medical records, consults with medical experts, and identifies specific instances where care fell below acceptable standards. This investigation forms the foundation of your claim.
  3. Filing with HCADRO: Maryland law requires initial filing with the HCADRO, accompanied by a certificate from a qualified medical expert. Most parties then waive arbitration to proceed directly to court.
  4. Pre-Trial Litigation: Once in court, both sides exchange information through “discovery,” including depositions, document requests, and expert witness identification. Settlement negotiations often occur throughout this phase.
  5. Trial: If a settlement isn’t reached, the case proceeds to trial, where both sides present evidence and expert testimony. A judge or jury determines whether negligence occurred and what compensation should be awarded.
  6. Resolution and Compensation: Following settlement or verdict, compensation may be structured as a lump sum or periodic payments. Your attorney can advise on protecting these funds, particularly when they’re intended for a child’s long-term care.

Less Common Birth Injury Claim Situations

Beyond standard scenarios, birth injury claims may arise from:

  • Maternal Injuries: Mothers sometimes suffer preventable injuries during childbirth, including uterine rupture, uncontrolled hemorrhage, or improperly treated infections.
  • Prenatal Negligence: Failure to diagnose maternal conditions like gestational diabetes or preeclampsia can lead to complications during delivery.
  • Neonatal Care Errors: Mistakes in the hours and days after birth, particularly in the NICU, can cause or worsen injuries to vulnerable newborns.
  • Midwife or Birthing Center Issues: Birth injuries can occur in non-hospital settings when midwives or birthing center staff fail to recognize complications requiring medical intervention.
  • Medical Product Failures: Defective equipment or medication used during childbirth can cause injuries, supporting product liability claims alongside medical malpractice actions.
  • Delayed Discovery Cases: Some birth injuries, particularly neurological conditions, may not become apparent until developmental delays emerge, creating special statute of limitations considerations.

Speak With a Montgomery Village Birth Injury Attorney Today

If your child suffered a birth injury that you believe resulted from medical negligence, timely legal consultation is vital. Maryland’s statute of limitations creates urgency, and early investigation preserves critical evidence.

Contact our team today to ensure your child receives the resources needed for the best possible quality of life. Every day matters when securing your child’s future and holding responsible parties accountable for preventable harm.