The moment a family learns their newborn has suffered a preventable birth, the joy of welcoming new life transforms into fear, confusion, and heartbreak. For North Bethesda families facing this reality, the path forward seems impossible—caring for an injured child while confronting those responsible for their suffering.
At Schochor, Staton, Goldberg and Cardea, P.A., our birth injury attorneys combine legal skills with genuine compassion. We’ve helped countless Montgomery County families secure the compensation needed for specialized care while holding negligent medical providers accountable for their actions. Your child deserves justice, and we can help you get it.
Understanding Catastrophic Birth Injuries and Wrongful Death
Birth injuries range from temporary conditions that resolve naturally to permanent disabilities requiring lifelong support. The most severe cases include:
Hypoxic-ischemic encephalopathy (HIE) occurs when oxygen deprivation damages brain tissue, often resulting in cerebral palsy, developmental delays, or cognitive impairments.
Brachial plexus injuries affect the network of nerves controlling arm movement, potentially causing permanent weakness or paralysis. Spinal cord damage may result in partial or complete paralysis, while skull fractures and intracranial bleeding can cause lasting neurological problems.
When negligent care leads to a newborn’s death, Maryland Courts and Judicial Proceedings § 3-904 permits parents to pursue wrongful death claims. A separate “survival action” under § 7-401 addresses the infant’s suffering before death.
The financial burden compounds emotional suffering. Many families face treatment costs exceeding $1 million over their child’s lifetime. Even with health insurance, out-of-pocket expenses for therapies, home modifications, and specialized equipment create extraordinary pressure on family resources.
Common Causes of Birth Injuries Due to Medical Negligence
Failure to Monitor Fetal Distress
Proper monitoring during labor provides warning signs of potential problems. Electronic fetal monitoring tracks heart rate patterns that indicate oxygen status and overall well-being. When healthcare providers misread these signals or fail to act promptly on concerning patterns, permanent brain damage can result.
Warning signs requiring immediate action include abnormal heart rate patterns, decreased variability, and meconium in amniotic fluid. The American College of Obstetricians and Gynecologists publishes authoritative guidelines that establish minimum standards for monitoring interpretation and response.
Delayed C-Section Delivery
When complications arise during childbirth, prompt cesarean delivery prevents serious injuries. Unnecessary postponement of emergency C-sections can lead to oxygen deprivation, brain damage, or death.
Montgomery County hospitals must maintain appropriate staffing and clear protocols to enable swift intervention when needed.
Improper Use of Delivery Tools
When labor progresses slowly, obstetricians may use forceps or vacuum extractors to assist delivery. Though sometimes necessary, these instruments require precise application and excellent judgment.
Forceps misuse can fracture an infant’s skull, damage facial nerves, or cause brain bleeding. Vacuum extractors applied incorrectly or for too long may cause scalp injuries, cerebral hemorrhage, or developmental delays. Proper training and technique are absolutes for the safe use of these instruments.
Medication and Anesthesia Errors
Medication mistakes pose substantial risks during labor and delivery:
Improper dosing of Pitocin (used to induce or strengthen contractions) can cause abnormally strong contractions that reduce oxygen flow to the baby. Incorrect epidural administration may trigger maternal hypotension, decreasing placental blood flow. Some medications contraindicated during pregnancy can cause birth defects or complications.
These errors typically stem from poor communication, inadequate supervision, or failure to review patient history—all preventable mistakes.
Mismanagement of Birth Complications
Certain conditions demand specialized care during pregnancy and delivery:
Placenta previa (placenta covering the cervical opening) requires careful monitoring and an often planned C-section. Shoulder dystocia (baby’s shoulder becomes lodged behind the mother’s pubic bone) necessitates specific maneuvers to prevent nerve damage. Umbilical cord problems, including prolapse or compression, constitute true emergencies requiring immediate delivery.
When healthcare providers fail to identify these conditions or implement appropriate interventions, preventable birth injuries occur.
Determining Liability in Birth Injury Cases
Birth injury liability extends beyond the delivering physician. Responsible parties may include:
- Obstetricians directing prenatal care and delivery
- Labor nurses monitoring the maternal and fetal condition
- Hospitals responsible for protocols, equipment, and staff training; and
- Anesthesiologists managing pain medications and maternal vital signs.
Under Maryland’s doctrine of vicarious liability (“respondeat superior”), hospitals may be held responsible for employee negligence. This legal principle allows families to seek compensation from healthcare institutions even when specific negligent individuals cannot be identified.
Establishing negligence requires proving four key elements: the healthcare provider owed a duty of care; they breached this duty by failing to meet professional standards; this breach directly caused the birth injury; and the injury resulted in damages to the child and family.
Expert testimony explains to judges and juries how the care provided fell short of acceptable medical practice and directly led to injury.
Maryland Laws on Birth Injury and Wrongful Death
Wrongful Death Claims
When a birth injury proves fatal, Maryland Courts and Judicial Proceedings § 3-904 allows parents to recover damages for loss of companionship, mental anguish, and emotional pain. These claims acknowledge the unique suffering when negligence takes a child’s life before it truly begins.
Filing Deadlines
Maryland establishes strict time limits for birth injury claims:
- For children: Claims must typically be filed before the child’s 11th birthday, allowing time to identify developmental issues that might indicate birth injuries.
- For parents: Claims related to their own damages must be filed within the earlier of five years from when the injury occurred or three years from discovery (Maryland Courts and Judicial Proceedings § 5-109).
- For wrongful death: Claims must be filed within three years of death.
Missing these deadlines permanently bars recovery, regardless of negligence severity.
Certificate of Qualified Expert Requirement
Birth injury claims in Maryland require a Certificate of Qualified Expert attesting that healthcare providers violated standards of care, directly causing injury. This certificate must be filed within 90 days of initiating your claim through Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO).
The expert must have clinical experience in the relevant specialty and confirm both the violation of standards and the causal connection to injuries. This requirement highlights why specialized legal representation matters for North Bethesda families.
Damages Limitations
Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages (pain, suffering, emotional distress) at approximately $905,000 for cases arising in 2025. For wrongful death cases with multiple beneficiaries, higher caps may apply.
No cap exists for economic damages like medical expenses and lost income, allowing families to recover all financial losses related to the birth injury.
Recoverable Damages in Birth Injury Claims
Medical Expenses
Birth injuries often require substantial medical care, such as:
- Neonatal intensive care immediately after birth
- Surgeries to address physical injuries
- Ongoing therapies for developmental issues
- Specialized equipment and technological aids; and
- Adaptive housing and transportation.
Maryland law allows recovery of both current costs and future medical expenses anticipated throughout the child’s life.
Pain and Suffering
Non-economic damages address:
- Physical pain experienced by the injured child
- Emotional suffering of both child and family
- Mental anguish from trauma and grief
- Loss of normal life experiences and opportunities.
While harder to quantify than medical expenses, these losses deserve recognition and compensation.
Loss of Companionship and Family Relationships
In wrongful death cases, parents can recover for the loss of their child’s companionship and affection. These damages acknowledge the empty space left when a preventable medical error takes a child’s life.
Lost Income and Earning Capacity
Birth injuries impact finances beyond medical bills:
Parents often reduce work hours or leave employment to care for injured children. Children with permanent disabilities also face reduced earning potential as adults. Tragically, in wrongful death cases, families lose the support their child might have provided later in life.
Economic experts calculate these impacts to ensure proper compensation.
Filing a Birth Injury Lawsuit in North Bethesda
The birth injury claim process begins with a thorough investigation and consultation with medical experts who can identify deviations from proper care standards. Your attorney then prepares and files the required documentation with Maryland’s HCADRO, including the Certificate of Qualified Expert.
Most claims involve settlement negotiations with insurance companies representing healthcare providers. Your attorney ensures any settlement adequately addresses your child’s lifetime needs. When a fair settlement proves impossible, your case proceeds to court for trial.
Throughout this process, your attorney shields you from direct contact with insurance representatives, manages all legal deadlines and requirements, and keeps you informed about your case progress.
Why You Need an Experienced Maryland Birth Injury Attorney
Birth injury claims demand specialized knowledge of both medicine and law. General practice attorneys often lack the focused expertise these cases require. Our attorneys’ concentrated experience with Montgomery County medical malpractice cases provides valuable insight into local court practices and medical standards.
We maintain relationships with respected medical experts whose testimony strengthens your case. Our record of successful verdicts and settlements provides leverage in negotiations, helping secure truly fair compensation for your child’s future.
Contact a North Bethesda Birth Injury Attorney Today
Every day matters in a birth injury case. Evidence disappears, memories fade, and Maryland’s strict filing deadlines loom. When medical negligence forever alters your child’s future, waiting only benefits those responsible.
Your family need not face this journey alone—let us help shoulder this burden while you focus on what matters most: your child’s care and your family’s healing. Contact us today for a confidential consultation.