When medical professionals make preventable mistakes during childbirth, Randallstown families face life-altering consequences. Your child’s birth injury creates immediate medical challenges while threatening their future potential and your family’s financial security.
Behind these tragic circumstances often lies a disturbing reality: healthcare providers failed to follow established medical protocols that would have ensured a safe delivery.
At Schochor, Staton, Goldberg and Cardea, P.A., our birth injury attorneys have secured compensation for Baltimore County families affected by medical negligence. We handle every aspect of your legal claim while you focus on what truly matters: your child’s care and your family’s well-being.
Your Rights Under Maryland Birth Injury Law
Birth injuries differ fundamentally from unavoidable birth defects. When healthcare providers make preventable errors during pregnancy, labor, or delivery, Maryland law provides a clear path to compensation through medical malpractice claims.
For Randallstown families, pursuing justice involves specific legal procedures established by Maryland Courts and Judicial Proceedings § 3-2A-04. These include:
- Filing with the Health Care Alternative Dispute Resolution Office (HCADRO)
- Submitting a Certificate of Qualified Expert from a medical professional with relevant clinical experience
- Demonstrating that care violated accepted medical standards and directly caused your child’s specific injuries
This certificate requirement creates an early hurdle in birth injury cases, highlighting why experienced legal representation proves indispensable for Randallstown families seeking justice.
What Constitutes a Birth Injury in Maryland?
Birth injuries occur when medical providers fail to respond appropriately to complications during pregnancy, labor, or delivery. These preventable injuries range from temporary conditions to permanent disabilities requiring lifelong care.
Distinguishing Birth Injuries from Birth Defects
Birth injuries result from physical trauma or oxygen deprivation during the birthing process, often due to medical negligence. Birth defects, by contrast, typically develop during pregnancy from genetic factors or environmental influences without negligence.
This distinction matters legally because birth injuries potentially give rise to medical malpractice claims, while birth defects generally do not unless a doctor fails to identify or manage them appropriately during pregnancy.
Establishing Medical Negligence
To prevail in birth injury claims, Maryland law requires proving four key elements:
- Duty of Care: Healthcare providers owed professional obligations to both mother and baby
- Breach of Standard: The provider’s actions fell below accepted medical practices
- Direct Causation: This substandard care directly resulted in the specific birth injury
- Measurable Harm: The injury produced damages requiring compensation
Our attorneys methodically document each element, building persuasive cases supported by thorough medical evidence and expert testimony.
Time Limitations: Protecting Your Claim
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
Generally, missing these deadlines eliminates your right to compensation, regardless of negligence severity. Early consultation with a Randallstown birth injury attorney ensures your claim proceeds within these mandatory timeframes.
Common Causes of Birth Injuries in Randallstown Medical Facilities
Our experience with Baltimore County birth injury cases reveals several recurring patterns of medical negligence:
Delayed Emergency Cesarean Sections
When complications arise during childbirth, timely surgical intervention prevents injury. At Northwest Hospital and other Baltimore County facilities, harmful delays sometimes occur due to:
- Failure to recognize concerning fetal heart rate patterns
- Communication breakdowns between nursing staff and physicians
- Inadequate staffing during evening and weekend hours
- Reluctance to perform surgery despite clear warning signs
These delays allow oxygen deprivation to progress, causing preventable brain damage that affects your child throughout their lifetime.
Improper Use of Delivery Instruments
When labor progresses slowly, Randallstown obstetricians sometimes employ forceps or vacuum extractors. While these instruments assist difficult deliveries, 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 doctors apply excessive force or use instruments in contraindicated situations, they fall below expected care standards.
Failure to Monitor Fetal Distress
Electronic fetal monitoring tracks your baby’s heart rate during labor, providing vital information about 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 Errors During Labor
Medication mistakes during labor and delivery pose serious risks. Pitocin (synthetic oxytocin) requires careful monitoring as improper dosing causes excessive contractions that reduce oxygen flow to the baby. Similarly, epidural anesthesia errors can cause maternal blood pressure drops that compromise fetal oxygen supply.
Double-checking systems and proper communication protocols prevent most of these mistakes, making such errors particularly clear examples of negligence.
Birth Injuries That Lead to Legal Claims
Birth injuries range from minor, temporary conditions to severe, permanent disabilities. The most serious injuries frequently form the basis for legal action:
Cerebral Palsy
Oxygen deprivation during birth can cause cerebral palsy, a permanent neurological condition affecting movement, muscle tone, and coordination. Children with cerebral palsy often require:
- Ongoing physical and occupational therapy
- Specialized equipment and mobility devices
- Adaptive home modifications
- Special educational services
Brachial Plexus Injuries (Erb’s Palsy)
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.
Hypoxic-Ischemic Encephalopathy (HIE)
When a baby’s brain doesn’t receive adequate oxygen during birth, hypoxic-ischemic encephalopathy can result. This serious condition causes brain cell death within minutes, potentially leading to:
- Intellectual disabilities
- Seizure disorders
- Vision and hearing impairments
- Developmental delays
- Motor function abnormalities
Prompt recognition of fetal distress and immediate intervention can prevent HIE or minimize its severity. When healthcare providers miss these critical warning signs, they may be liable for resulting injuries.
Skull Fractures and Brain Trauma
Improper use of delivery instruments or excessive force during extraction can cause skull fractures and traumatic brain injuries. These injuries may lead to permanent brain damage affecting cognitive function, behavior, and development.
Wrongful Death
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
