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.
