The first cry of a newborn should signal joy, not the beginning of a lifetime of medical challenges. For Pasadena families whose children suffer preventable birth injuries, that moment of anticipated happiness transforms into worry about their child’s future.
The sudden shift from planning birthday parties to scheduling therapy appointments leaves parents searching for answers about what went wrong and who bears responsibility.
At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys have secured over $1 billion for Maryland families affected by avoidable medical errors. We handle the legal aspects of your case while you focus on your child’s health and your family’s adjustment to unexpected circumstances.
Understanding Birth Injury Claims in Pasadena, Maryland
Birth injury claims address harm caused when healthcare providers deliver care below accepted standards during pregnancy, labor, or delivery.
These cases fall under medical malpractice law but involve distinctive considerations specific to childbirth. Birth injuries range from temporary conditions to permanent disabilities requiring specialized care throughout life.
Maryland law also recognizes wrongful death claims for viable unborn or newborn children who die due to medical negligence. Under Maryland Courts and Judicial Proceedings § 3-904, parents can seek compensation for the loss of their child when preventable errors occur during pregnancy or delivery.
Pasadena-Specific Laws for Birth Injury Claims
Birth injury claims in Maryland must navigate specific legal requirements that differ from ordinary personal injury cases:
Time Limitations for Filing Claims
Maryland Courts and Judicial Proceedings § 5-109 establishes these deadlines:
- Standard Timeline: Claims must be filed within the earlier of five years from when the injury occurred or three years from when the injury was discovered.
- Minor’s Extension: For children with birth injuries, Maryland extends the filing deadline until the child’s 11th birthday in most cases, recognizing that some conditions become apparent only when developmental delays emerge.
Missing these deadlines permanently eliminates your right to compensation, regardless of how apparent the medical negligence might be.
Required Procedural Steps
Maryland law mandates specific procedures for birth injury claims:
- Expert Certification: Within 90 days of filing, plaintiffs must provide a certificate from a qualified medical expert attesting that care violated accepted standards and caused injury. This expert must have recent clinical experience or a teaching background in the relevant specialty.
- Health Care Alternative Dispute Resolution: Claims must initially be filed with Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO) before proceeding to court. Either party may waive arbitration to move directly to court proceedings.
Compensation Limitations
Maryland Courts and Judicial Proceedings § 3-2A-09 limits certain damages in medical malpractice cases:
- Non-Economic Damages Cap: As of 2025, pain and suffering damages are limited to approximately $905,000 for most cases, with annual inflation adjustments.
- No Limit on Economic Damages: Maryland places no cap on medical expenses, lost wages, and costs of ongoing care. This makes thorough documentation of these expenses particularly valuable.
Liability Standards
Healthcare providers must deliver care meeting the level that a reasonably skilled practitioner with similar training would provide under comparable circumstances. Proving this standard was violated requires expert testimony from qualified medical professionals who can explain how the care provided fell short of acceptable practices.
Common Causes of Birth Injuries in Pasadena Cases
Birth injuries in Maryland hospitals frequently result from specific forms of medical negligence:
Delayed Emergency Response
When fetal monitoring shows distress, medical standards require prompt intervention—often an emergency cesarean section. Delays of even 15-30 minutes can result in permanent brain damage. Proper monitoring allows timely intervention when distress occurs, preventing many cases of cerebral palsy and other serious conditions.
Misused Delivery Instruments
Forceps and vacuum extractors require proper training and careful application. When doctors apply excessive force or use these tools inappropriately, they may cause skull fractures, facial nerve damage, brain bleeding, or permanent brain damage. These physical injuries often lead to developmental delays, physical limitations, and cognitive impairments.
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. Anesthesia errors can affect both maternal and fetal well-being. These mistakes often result from poor communication between healthcare team members or inadequate safety protocols.
Unrecognized Maternal Conditions
Conditions like preeclampsia, gestational diabetes, and infections can significantly impact fetal health when not properly managed. Regular screening and appropriate treatment during pregnancy prevent many birth complications. When healthcare providers miss these conditions or fail to manage them appropriately, resulting birth injuries may constitute medical negligence.
Types of Damages Available in Pasadena Birth Injury Claims
Maryland law provides specific compensation categories for families affected by birth injuries:
Medical and Care Expenses
Birth injuries often require extensive treatment beginning immediately after birth and continuing throughout the child’s life. Compensation covers current medical bills and projected future needs, including:
- Specialized medical treatments and surgeries
- Therapeutic services (physical, occupational, speech therapy)
- Adaptive equipment and assistive technology
- Home modifications for accessibility
- Professional caregiving services
For children with permanent disabilities, these costs frequently reach millions of dollars over a lifetime. A detailed life care plan, developed by medical and economic experts, projects these expenses to ensure adequate compensation.
Lost Earnings and Income
Birth injuries impact both immediate and future earning capacity:
- Parental Income Loss: When caregivers must reduce work hours or leave employment to care for an injured child.
- Child’s Future Earnings: Children with permanent disabilities often have reduced earning capacity as adults. Economic experts calculate these losses based on the specific nature and severity of the disability.
Human Impact Damages
Maryland law recognizes these non-economic losses, subject to statutory caps:
- Physical Suffering: The actual pain experienced by the injured child due to the injury and subsequent treatments.
- Emotional Distress: The mental and emotional challenges faced by both the injured child and family members, including anxiety, depression, and social difficulties related to disability.
- Lost Experiences: Many children with birth injuries cannot participate in typical childhood activities or achieve expected developmental milestones. This diminished quality of life constitutes a compensable loss under Maryland law.
