The birth of your child should mark the beginning of a wonderful journey. When medical negligence transforms this precious occasion into trauma, Owings Mills families need dedicated legal support. 

At Schochor, Staton, Goldberg and Cardea, P.A., our birth injury attorneys have secured substantial compensation for Baltimore County families harmed by preventable medical errors. 

We provide the legal representation your family deserves while offering the genuine compassion you need during this difficult time.

Birth Injury Claims in Owings Mills: When Medical Care Falls Short

Not every difficult birth or childhood condition stems from medical negligence. Understanding the difference between unavoidable complications and preventable errors is fundamental to birth injury claims in Maryland.

Medical Negligence vs. Unavoidable Complications

Birth injuries become potential legal claims when healthcare providers fail to follow established medical protocols that would have prevented harm. When Owings Mills medical professionals make mistakes that violate accepted standards of care, families have the right to seek compensation for resulting injuries.

Medical negligence in birth situations typically involves:

  • Failure to recognize and respond to signs of fetal distress
  • Improper technique during delivery, particularly in challenging situations
  • Missed diagnoses of maternal conditions affecting pregnancy
  • Medication administration errors during labor or delivery
  • Poor communication between healthcare team members

These preventable errors differ fundamentally from unavoidable complications that can occur despite proper medical care. Determining which category your child’s injury falls into requires a thorough medical record review and expert analysis.

Common Examples of Birth-Related Medical Negligence

Our experience with Baltimore County birth injury cases reveals several recurring patterns of medical negligence:

Delayed Emergency Cesarean Sections

When complications arise during labor, timely cesarean delivery often prevents injury. At Northwest Hospital Center and other Owings Mills area facilities, harmful delays sometimes occur due to:

  • Failure to properly interpret fetal monitoring data
  • Communication breakdowns between nursing staff and physicians
  • Inadequate staffing during evening and weekend hours
  • Hesitation to perform surgery despite clear warning signs

These delays allow oxygen deprivation to progress, potentially causing permanent brain damage that affects your child throughout their lifetime.

Improper Use of Delivery Instruments

When labor progresses slowly, doctors sometimes employ forceps or vacuum extractors. While these instruments help in specific situations, 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 Owings Mills providers apply excessive force or use instruments in contraindicated situations, they violate basic care standards.

Failure to Monitor Fetal Distress

Electronic fetal monitoring during labor provides vital information about a baby’s oxygen status. When healthcare providers misinterpret data or ignore warning signs, babies experience preventable oxygen deprivation.

This oxygen deficit, even for brief periods, damages developing brain tissue, potentially causing cerebral palsy, intellectual disabilities, or seizure disorders requiring lifelong care. Proper interpretation and timely intervention prevent most of these devastating outcomes.

Medication and Anesthesia Errors

Labor and delivery involve numerous medications requiring precise dosing. Oxytocin (Pitocin) errors can cause excessive contractions, reducing oxygen to the baby. Anesthesia mistakes risk maternal blood pressure drops, affecting placental blood flow.

Double-checking protocols and proper communication prevent most of these mistakes, making such errors particularly clear examples of negligence.

Neglected Umbilical Cord Complications

The umbilical cord provides the baby’s oxygen supply during labor. Complications such as:

  • Cord prolapse (when the cord drops through the cervix before the baby)
  • Cord compression restricting blood flow
  • Nuchal cord (cord wrapped around the baby’s neck)

These situations require prompt recognition and intervention. When Owings Mills healthcare providers miss these warning signs or respond inadequately, preventable injuries occur.

Inadequate Prenatal Care

Some birth injuries stem from mismanaged pregnancy complications:

  • Undiagnosed maternal infections that harm the baby
  • Untreated preeclampsia threatening both the mother and the 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.

Time Limitations: Why Prompt Action Matters

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: For children under 11, claims can be filed until their 11th birthday
  • Wrongful Death: If a birth injury results in death, claims must be filed within three years of the date of death

Missing these deadlines permanently eliminates your right to compensation, regardless of negligence severity. Early consultation with an Owings Mills birth injury attorney ensures your claim proceeds within these mandatory timeframes.

Parties That May Bear Responsibility for Birth Injuries

Birth injury liability often extends beyond the delivering physician. Our investigations frequently identify multiple responsible parties:

Doctors and Obstetricians

The physician managing labor and delivery bears primary responsibility for:

  • Monitoring maternal and fetal health
  • Recognizing complications requiring intervention
  • Performing appropriate delivery techniques
  • Ordering necessary tests and treatments

When obstetricians fail to meet these obligations, they may be held liable for resulting injuries.

Nurses and Midwives

Labor and delivery nurses play critical roles in:

  • Monitoring fetal heart rates and maternal vital signs
  • Administering medications as ordered
  • Communicating concerns to physicians
  • Following established care protocols

Similarly, midwives providing care during pregnancy and delivery must meet professional standards appropriate to their role. Failures at this level often contribute to preventable birth injuries.

Anesthesiologists

Professionals administering epidurals or other anesthesia during labor must:

  • Evaluate patients for contraindications
  • Administer correct dosages
  • Monitor maternal response
  • Address complications promptly

Anesthesia errors can cause maternal hypotension, reducing placental blood flow and potentially harming the baby.

Hospitals and Medical Facilities

Greater Baltimore Medical Center, Northwest Hospital Center, and other Owings Mills area facilities may bear direct liability for:

  • Inadequate staffing levels creating unsafe conditions
  • Poor training programs for medical personnel
  • Flawed safety protocols or communication systems
  • Equipment maintenance failures

Under Maryland law, hospitals also face vicarious liability for employee negligence, expanding the scope of potential recovery for injured children.

Pharmacists and Pharmaceutical Companies

In some cases, medication errors stem from:

  • Pharmacy mistakes in medication preparation
  • Unclear labeling or instructions
  • Manufacturing defects in pharmaceutical products
  • Inadequate warnings about medication risks

When these factors contribute to your child’s injury, additional parties may share liability under product liability laws.

Types of Birth Injuries That May Warrant Legal Action

Birth injuries range from temporary conditions to permanent disabilities requiring lifelong care. The most serious injuries frequently form the basis for legal action:

Cerebral Palsy and Hypoxic-Ischemic Encephalopathy

Oxygen deprivation during birth can cause hypoxic-ischemic encephalopathy (HIE), often leading to cerebral palsy, a permanent neurological condition affecting movement, muscle tone, and coordination. Children with these conditions typically require:

  • Ongoing physical and occupational therapy
  • Specialized equipment and mobility devices
  • Adaptive home modifications
  • Special educational services

Erb’s Palsy and Brachial Plexus Injuries

Excessive force during difficult deliveries can damage the brachial plexus nerves controlling arm and shoulder movement. These injuries range from temporary weakness to permanent paralysis, requiring multiple surgeries and ongoing therapy.

While many mild cases resolve naturally over time, severe brachial plexus injuries can permanently limit arm function and dexterity, affecting everyday activities throughout life.

Brain Damage from Oxygen Deprivation

Even brief periods without adequate oxygen can cause permanent brain damage affecting:

  • Cognitive development and intellectual function
  • Motor skills and coordination
  • Speech and language abilities
  • Behavioral regulation and emotional control

These injuries often require lifelong medical care, therapeutic interventions, and specialized educational support, creating extraordinary financial burdens for Owings Mills families.

Bone Fractures and Physical Trauma

Difficult deliveries can result in:

  • Clavicle (collarbone) fractures
  • Skull fractures potentially causing brain damage
  • Shoulder injuries during dystocia situations
  • Severe bruising and internal bleeding

While some fractures heal completely, others cause permanent damage or disfigurement, particularly when improperly diagnosed or treated.

Fatal Birth Injuries

In the most tragic cases, medical negligence during childbirth results in the death of the infant or mother. Maryland’s wrongful death statutes allow surviving family members to seek compensation for:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Mental anguish and emotional suffering
  • Loss of companionship and parental relationship

Subtle or Delayed-Onset Injuries

Some birth injuries aren’t immediately apparent but emerge as developmental delays or other problems months or years later. These include:

  • Mild cognitive impairments
  • Learning disabilities
  • Fine motor coordination problems
  • Speech and language delays

When these conditions stem from preventable birth trauma, families deserve compensation to address their child’s specific needs.

Compensation Available for Owings Mills Birth Injury Victims

Maryland law recognizes several categories of damages for families affected by birth injuries:

Medical Expenses: Current and Future

Birth injuries often create substantial healthcare costs:

  • Immediate NICU care and specialized treatment
  • Surgeries and hospitalizations
  • Ongoing therapy services
  • Medications and medical equipment
  • Adaptive technology and devices

A proper settlement or verdict must account for both current expenses and projected future medical needs throughout your child’s lifetime. Unlike some states, Maryland places no cap on economic damages, allowing recovery of all financial costs related to the birth injury.

Pain and Suffering

Birth injuries cause physical pain and emotional trauma for both the injured child and their family:

  • Physical discomfort from injuries and treatments
  • Emotional distress, including anxiety and depression
  • Reduced quality of life and missed experiences
  • Family stress and relationship impacts

Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages at approximately $905,000 for cases arising in 2025, with annual adjustments for inflation. While limited, these damages acknowledge the real human cost of preventable medical errors.

Lost Income and Earning Capacity

Birth injuries affect family finances when:

  • Parents reduce work hours or leave employment to provide care
  • Children face reduced future earning potential due to disabilities
  • Families relocate for specialized services
  • Work opportunities are limited by caregiving responsibilities

Economic experts calculate these losses based on Baltimore County employment data and the specific limitations imposed by your child’s condition.

Wrongful Death Damages

When birth injuries result in death, Maryland law allows recovery for:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Mental anguish and emotional suffering
  • Loss of companionship and parental relationship

These claims involve specific procedural requirements under Maryland’s Wrongful Death Act, making experienced legal representation particularly important.

Filing a Birth Injury Claim in Owings Mills

The path to compensation for birth injuries involves several key steps:

Immediate Medical Attention and Documentation

Your child’s health comes first. Ensure they receive proper medical care while documenting:

  • All symptoms and concerns
  • Conversations with healthcare providers
  • Photographs of visible injuries
  • Timeline of events during and after birth

This information builds the foundation for your legal claim while securing necessary treatment for your child.

Gathering Comprehensive Medical Records

Birth injury cases require extensive medical documentation:

  • Prenatal care records
  • Labor and delivery notes
  • Fetal monitoring strips
  • Nursing documentation
  • Hospital policies and protocols
  • Follow-up treatment records

Our attorneys obtain these records and work with medical experts to identify evidence of negligence.

Consulting an Owings Mills Birth Injury Attorney

Early legal consultation provides crucial advantages:

  • Evidence preservation before it disappears
  • Witness interviews while memories remain fresh
  • Timely filing within statutory deadlines
  • Strategic guidance from the beginning

Our attorneys provide free consultations for Owings Mills families, evaluating your case without any upfront costs or obligations.

Investigation and Certificate of Qualified Expert

Maryland law requires birth injury claims to be supported by a certificate from a qualified medical expert. We work with respected specialists who review your records and provide opinions about:

  • The applicable standard of care
  • How providers violated this standard
  • How these violations caused specific injuries
  • The extent and permanence of resulting harm

This certificate must be filed within 90 days of initiating your claim—a technical requirement demanding legal expertise.

Filing with Maryland HCADRO

Birth injury claims in Maryland must first be filed with the Health Care Alternative Dispute Resolution Office (HCADRO). This administrative filing initiates an arbitration process that can be waived to proceed directly to court.

Our attorneys handle this technical filing and all subsequent procedural requirements, ensuring your case proceeds properly through Maryland’s medical malpractice system.

Settlement Negotiations or Litigation

Most birth injury cases resolve through settlement negotiations rather than trial. Our attorneys:

  • Present compelling evidence of negligence
  • Document all economic and non-economic damages
  • Counter-defense arguments minimizing liability
  • Evaluate settlement offers against your child’s needs

When fair settlements aren’t offered, our trial attorneys present your case effectively to Baltimore County juries, explaining complex medical evidence and demonstrating how the injury affects your child’s life.

Contact an Owings Mills Birth Injury Lawyer Today

The days following a birth injury are critical for your family’s future. Every week without legal action risks evidence disappearing, memories fading, and deadlines approaching. While you care for your child, let our Owings Mills birth injury attorneys secure the compensation that safeguards their future.

Contact our team today to protect your child’s rights and hold negligent medical providers accountable. Your child deserves both justice and the financial support necessary for their best possible future, despite preventable injuries.