Potomac Birth Injury Lawyer

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.