A birth injury shatters expectations in the most painful way imaginable. In Potomac, families who anticipated welcoming a healthy child instead face medical terminology, specialist appointments, and questions about what went wrong. This moment of betrayal—when medical professionals you trusted made preventable mistakes affecting your child—leaves parents reeling between grief and anger, often without clear answers.
At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys recognize the unique heartache birth injuries create. We combine medical understanding with tenacious legal representation to uncover what happened to your baby and secure the financial resources necessary for their care.
Understanding Fatal and Catastrophic Birth Injuries
Birth injuries occur when medical care during pregnancy, labor, or delivery fails to meet established standards. These injuries vary dramatically in severity and long-term impact:
Mild injuries may resolve with appropriate treatment. On the other hand, moderate cases require rehabilitation but may show substantial improvement. Severe injuries cause permanent disabilities, necessitating lifelong care. Finally, fatal injuries end a newborn’s life, leaving families to grieve what might have been.
Catastrophic birth injuries fundamentally alter a child’s development. Cerebral palsy—resulting from brain damage during birth—affects movement, coordination, and sometimes intellectual function. Oxygen deprivation (hypoxic-ischemic encephalopathy) can trigger seizure disorders, developmental delays, and learning disabilities. Brachial plexus injuries may cause arm weakness or paralysis.
These injuries transform family life. Parents often adjust work schedules or leave employment to care for affected children. Specialized equipment, home modifications, and therapy services create substantial financial pressure. In fatal cases, funeral expenses compound grief during an already unbearable time.
Maryland Birth Injury Law: Negligence and Wrongful Death
Medical negligence in birth injury cases means healthcare providers delivered care falling below accepted professional standards, directly causing harm. Establishing this requires proving the following:
- A healthcare relationship existed, creating a duty of care
- The provider breached this duty through substandard care
- This breach directly caused the birth injury
- The injury produced actual damages
When birth injuries prove fatal, Maryland Courts and Judicial Proceedings § 3-904 permits parents to file wrongful death claims. These actions compensate family members for their losses, including emotional suffering and lost companionship. A separate “survival action” under Maryland Courts and Judicial Proceedings § 7-401 addresses the baby’s pain and suffering before death.
Maryland’s Filing Deadlines
- For surviving children with birth injuries: Claims typically must be filed before the child’s 11th birthday, allowing time to identify developmental issues.
- For parents: Claims related to their own damages must be filed within the earlier of five years from when the injury occurred or three years from discovery (Maryland Courts and Judicial Proceedings § 5-109).
- For wrongful death: Claims must be filed within three years of death.
Maryland law also requires a “certificate of qualified expert” early in the legal process. This document, signed by a medical professional with relevant expertise, must attest that healthcare providers violated care standards and directly caused the injury. This certificate must be filed within 90 days of initiating your claim.
Common Causes of Catastrophic Birth Injuries
The common causes of birth injuries in Potomac include the following:
Oxygen Deprivation (Birth Asphyxia)
When a baby’s brain lacks adequate oxygen during birth, permanent damage occurs within minutes. This oxygen deprivation may result from:
Umbilical cord problems (compression or entanglement) Placental complications (abruption or previa) Prolonged labor without intervention Missed fetal distress signals
The consequences include cerebral palsy, intellectual impairments, seizure disorders, and developmental delays. Severe cases result in death.
Delayed C-Section or Failure to Intervene
When birth complications arise, timely cesarean delivery prevents serious injuries. Unjustified delays in performing emergency C-sections can lead to permanent brain damage or death. Delays typically stem from poor communication, inadequate monitoring, or failure to recognize danger signs.
Improper Use of Delivery Instruments
Forceps and vacuum extractors demand precision and sound judgment. When misapplied, these tools cause:
- Skull fractures and brain bleeding
- Facial nerve injuries
- Cerebral hemorrhage
- Spinal cord damage
Appropriate training and technique represent absolute prerequisites for these instruments’ safe use.
Undiagnosed Maternal Infections
Certain infections during pregnancy threaten developing babies. Group B Streptococcus, chorioamnionitis, and urinary tract infections can be transmitted to newborns during delivery without proper identification and treatment.
Established screening protocols exist for detecting these infections. When healthcare providers skip these tests or misinterpret results, preventable harm occurs.
Medication or Prescription Errors
Medication mistakes during pregnancy or delivery harm both mother and baby:
- Improper dosing of labor-inducing drugs
- Anesthesia errors affecting maternal blood pressure
- Administration of medications unsafe during pregnancy
These errors typically result from miscommunication, insufficient supervision, or inadequate patient history review.
Signs of Medical Negligence in Birth Injury Cases
Certain circumstances warrant questions about potential medical negligence:
- Unexplained injuries doctors struggle to clarify
- Emergency procedures performed without clear explanation
- Sudden staff increases during delivery
- Missing or incomplete medical records
- Healthcare providers avoiding direct questions
- Delayed recognition of obvious complications
These warning signs don’t automatically prove negligence but justify a thorough investigation by knowledgeable birth injury attorneys.
Damages and Compensation Available Under Maryland Law
Maryland law permits recovery of several damage types in birth injury cases:
Economic Damages
These cover measurable financial losses:
- Present and future medical expenses
- Rehabilitation and therapy costs
- Specialized equipment and technology
- Home modifications for accessibility
- Lost income (parental and potentially the child’s future earnings)
- In fatal cases, funeral expenses
Maryland places no cap on economic damages, allowing families to recover all financial losses related to the birth injury.
Non-Economic Damages
These address subjective, personal losses:
- Physical pain and suffering
- Emotional distress
- Loss of life enjoyment
- Grief in wrongful death cases
Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages at approximately $905,000 for cases arising in 2025, with yearly increases. For wrongful death cases with multiple beneficiaries, higher caps may apply.
Wrongful Death vs. Survival Actions
Maryland distinguishes between two claim types following a fatal birth injury:
- Wrongful death claims compensate family members for their losses resulting from the death.
- Survival actions pursue compensation for what the deceased experienced before death, including pain and suffering.
These claims involve different procedures and damage calculations. Your attorney will determine which actions apply to your situation.
What to Expect in a Potomac Birth Injury Lawsuit
Investigation and Case Building
Your attorney gathers important evidence:
- Complete medical records from pregnancy through delivery
- Fetal monitoring data and test results
- Witness statements from those present during the birth
- Hospital protocols and staff credentials
Medical experts review this evidence to identify improper care standards.
Filing the Claim
Birth injury claims in Maryland begin with filing in the Health Care Alternative Dispute Resolution Office (HCADRO), accompanied by the required Certificate of Qualified Expert. Most cases proceed to Montgomery County Circuit Court after waiving arbitration.
Discovery and Negotiations
Both sides exchange information through formal discovery:
- Written questions (interrogatories)
- Document requests
- Witness depositions
- Expert testimony
Settlement discussions often occur throughout this phase. Your attorney evaluates any offers against your child’s lifetime needs.
Trial Process
If settlement proves impossible, your case proceeds to trial, where your attorney presents evidence proving:
- The care standard required in your situation
- How healthcare providers violated this standard
- How these violations directly caused your child’s injuries
- The full extent of resulting damages
A jury or judge then determines liability and compensation.
How a Birth Injury Lawyer Supports Grieving Families
Beyond legal representation, birth injury attorneys provide meaningful support:
Compassionate Guidance
We understand the emotional trauma families experience after birth injuries. Our team connects clients with appropriate support resources, including counseling services and parent support groups.
Managing Legal Requirements
We handle all communications with insurance representatives and defense attorneys, prepare the necessary documentation, and ensure compliance with procedural rules—allowing you to focus on your family’s well-being.
Expert Network Access
Our relationships with respected medical specialists strengthen your case through authoritative opinions about standard care practices and how violations caused your child’s injuries.
Local Knowledge Advantages
Our familiarity with Montgomery County courts, area medical facilities, and regional healthcare standards provides valuable insight into effective case strategies. We understand the community institutions involved and how to present your case persuasively.
Contact a Potomac Birth Injury Attorney Today
If your child suffered injuries during birth due to possible medical negligence, acting quickly matters. Maryland’s strict filing deadlines mean postponed action can permanently eliminate your right to compensation.
Our attorneys at Schochor, Staton, Goldberg and Cardea, P.A. offer free, confidential consultations to assess your potential today. While no legal action reverses your child’s injuries, proper compensation ensures they receive the care and support needed to achieve their full potential despite these challenges.
Contact us today for immediate legal help. Your family deserves both accountability and the financial security to meet whatever lies ahead with confidence.