When medical providers fail to meet proper care standards during childbirth, the results can permanently alter your child’s life. Pikesville families facing this reality need immediate legal support to address both the emotional strain and financial burden of birth injuries.
At Schochor, Staton, Goldberg and Cardea, P.A., our Pikesville birth injury attorneys have secured over $1 billion for families harmed by negligence. While you focus on your child’s care, we handle every aspect of your legal claim with dedication and precision.
What Is a Birth Injury Claim in Pikesville?
Birth injury claims address harm caused during pregnancy, labor, or delivery when healthcare providers deliver substandard care. These specialized medical malpractice cases require attorneys with specific knowledge of both medicine and Maryland law.
Preventable Birth Injuries
When doctors, nurses, or hospitals make mistakes, newborns may suffer:
- Brain injuries causing cerebral palsy from oxygen deprivation
- Brachial plexus injuries (Erb’s palsy) from improper handling during difficult deliveries
- Fractures or nerve damage from excessive force
- Spinal cord injuries resulting in paralysis
- Severe jaundice progressing to kernicterus from inadequate monitoring
These conditions typically require immediate medical intervention followed by years of specialized care. For Pikesville families, the resulting medical bills quickly become unmanageable without legal recovery.
The Attorney’s Role in Your Case
A qualified Pikesville birth injury lawyer will:
- Investigate the circumstances surrounding your child’s injury
- Consult with medical experts to establish deviations from accepted care standards
- Identify all responsible parties, including individual providers and healthcare facilities
- Calculate appropriate compensation, including lifelong care requirements
- Handle Maryland’s specific medical malpractice procedures
- Negotiate effectively or present your case in court
This targeted approach helps secure funds that cover both current and future needs.
Maryland Birth Injury Laws
Birth injury claims in Maryland face strict regulations that control everything from filing deadlines to compensation limits.
Filing Deadlines Under Maryland Law
Maryland Courts and Judicial Proceedings § 5-109 establishes these deadlines:
- General Rule: Claims must be filed within the earlier of:
- Five years from the injury date, or
- Three years from when the injury was discovered
- Children’s Claims: For birth injuries, Maryland extends the deadline until a child’s 11th birthday, recognizing that developmental issues may not appear immediately.
- Wrongful Death: When birth injuries prove fatal, Maryland Courts and Judicial Proceedings § 3-904 requires filing within three years of death.
Generally, missing these deadlines eliminates your right to compensation, regardless of how clear the medical negligence might be.
Maryland’s Damage Limitations
Maryland Courts and Judicial Proceedings § 3-2A-09 limits non-economic damages (pain and suffering) in medical malpractice cases. For 2025, this cap stands at approximately $905,000, with annual increases tied to inflation.
However, Maryland places no cap on economic damages—the actual financial costs of medical care, therapy, specialized equipment, and lost income. This makes thorough documentation of these expenses vital to your case.
Required Procedures and Documentation
Maryland law mandates specific steps for birth injury claims:
- Filing initially with Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO)
- Submitting a certificate from a qualified medical expert within 90 days
- Complying with discovery requirements and court procedures
- Meeting strict evidentiary standards for medical testimony
Each requirement involves detailed legal knowledge and precise execution. Missing even one procedural step can derail your entire case.
Medical Negligence and Birth Injuries
Medical malpractice occurs when healthcare providers fail to meet established professional standards. In birth injury cases, this negligence may happen during prenatal care, labor, delivery, or immediate postpartum care.
Proving Medical Negligence
To establish malpractice in a Pikesville birth injury case, four key elements must be proven:
- The healthcare provider had a duty to deliver care meeting accepted standards
- This duty was breached through action or inaction
- The breach directly caused the birth injury
- The injury resulted in significant harm requiring compensation
Each element requires specific evidence and expert testimony. Simply showing a bad outcome isn’t enough; you must prove the outcome resulted directly from substandard care.
