When a cherished moment transforms into a lifetime of challenges, Olney families need answers and support. A preventable birth injury forever alters your child’s future and creates extraordinary financial pressure on your family. Behind each birth injury lies a somber reality: medical professionals failed to meet established care standards, and your child pays the price.
At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys have secured favorable verdicts and settlements for Montgomery County families affected by birth injuries. While you provide your child with needed care, our legal team pursues the financial resources necessary for their lifetime needs.
Birth Injuries at Olney Medical Facilities: Causes and Patterns
Birth injuries in Olney hospitals often result from specific forms of medical negligence that violate accepted care standards. Understanding these causes helps families recognize when they may have grounds for legal action.
Delayed Emergency Cesarean Sections
When complications arise during childbirth, timely cesarean delivery prevents injury. At MedStar Montgomery Medical Center and other local facilities, harmful delays frequently occur due to:
- Failure to recognize the warning signs of fetal distress
- Communication breakdowns between nursing staff and physicians
- Inadequate staffing during evening and weekend hours
- Reluctance to perform surgery despite clear indicators
These delays allow oxygen deprivation to progress, causing preventable brain damage that affects your child throughout their lifetime.
Improper Use of Delivery Instruments
When labor progresses slowly, Olney obstetricians sometimes employ forceps or vacuum extractors. While these instruments assist difficult deliveries, their misuse causes serious injuries:
- Skull fractures leading to brain hemorrhage
- Facial nerve damage resulting in permanent paralysis
- Brachial plexus injuries affecting arm and shoulder function
Medical standards require proper training and technique when using these instruments. When doctors apply excessive force or use instruments in contraindicated situations, they fall below expected care standards.
Medication Administration Errors
Medication mistakes during labor and delivery pose serious risks. Pitocin (synthetic oxytocin) requires careful monitoring as improper dosing causes excessive contractions that reduce oxygen flow to the baby. Similarly, epidural anesthesia errors can cause maternal blood pressure drops that compromise fetal oxygen supply.
Double-checking systems and proper communication protocols prevent most of these mistakes, making such errors particularly clear examples of negligence.
Inadequate Fetal Monitoring
Electronic fetal monitoring tracks your baby’s heart rate during labor, providing vital information about oxygen status. When Olney healthcare providers:
- Misinterpretation of heart rate patterns
- Fail to communicate warning signs to physicians
- Leave mothers unmonitored for extended periods
Babies experience preventable oxygen deprivation resulting in cerebral palsy, intellectual disabilities, or seizure disorders requiring lifelong care.
Negligent Prenatal Care
Some birth injuries stem from mismanaged pregnancy complications:
- Undiagnosed maternal infections that harm the baby
- Untreated preeclampsia, threatening both mother and child
- Mismanaged gestational diabetes, affecting fetal development
When doctors miss these conditions or fail to implement appropriate treatment plans, they create avoidable risks that often result in birth injuries.
Maryland Birth Injury Laws Protecting Olney Families
Montgomery County birth injury cases must comply with specific Maryland laws that govern when and how you can file a claim.
Proving Medical Negligence
Successful birth injury claims require establishing four key elements:
- The healthcare provider owed a duty of care to the mother and baby
- This duty was breached through substandard medical care
- The breach directly caused the specific birth injury
- The injury resulted in measurable damages
Our attorneys document each element with thorough medical evidence and expert testimony, building persuasive cases that clearly establish liability.
Maryland’s Procedural Requirements
Birth injury claims in Maryland involve distinctive procedural steps. Maryland Courts and Judicial Proceedings § 3-2A-04 requires:
- Initial filing with the Health Care Alternative Dispute Resolution Office (HCADRO)
- Submission of a Certificate of Qualified Expert within 90 days
- An optional waiver of arbitration to proceed directly to court
This certificate must come from a medical professional with recent clinical experience who attests that care violated accepted standards. Missing this requirement results in case dismissal, regardless of merit, highlighting why experienced legal representation proves vital for Olney families.
Time Limitations: Act Promptly
Maryland Courts and Judicial Proceedings § 5-109 establishes strict deadlines for birth injury claims:
- Standard Deadline: Claims must be filed within five years from when the injury occurred or three years from when it was discovered, whichever comes first
- Minor Extension: Children under 11 have until their 11th birthday to file claims
- Wrongful Death: Three years from the date of death for fatal birth injuries
Missing these deadlines permanently bars compensation regardless of how clear the negligence. Early consultation with an Olney birth injury attorney protects your legal rights.
