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

Parties Potentially Liable for Randallstown Birth Injuries

Birth injury liability often extends beyond the delivering physician. Our investigations frequently identify multiple responsible parties:

Medical Professionals

Healthcare providers who may bear responsibility include:

  • Obstetricians who failed to respond appropriately to complications
  • Labor and delivery nurses who missed warning signs
  • Anesthesiologists who administered medication incorrectly
  • Midwives providing substandard care during home births

Each medical professional has specific duties, and failures at any point in the treatment process can lead to preventable harm.

Medical Facilities

Northwest Hospital and other Randallstown-area facilities may be directly liable for:

  • Inadequate staffing levels creating unsafe conditions
  • Poor training programs for medical personnel
  • Flawed safety protocols or communication systems
  • Equipment maintenance failures

Under Maryland law, hospitals also face vicarious liability for employee negligence, expanding the scope of potential recovery for injured children.

Third Parties

In some cases, entities outside the direct care team contribute to birth injuries:

  • Pharmaceutical companies producing defective medications
  • Medical device manufacturers creating faulty equipment
  • Drug companies providing inadequate warning labels

When these factors contribute to your child’s injury, manufacturers may share liability under product liability laws.

Compensation Available in Randallstown Birth Injury Claims

Maryland law recognizes several distinct compensation categories for families affected by birth injuries:

Economic Damages: Meeting Practical Needs

Birth injuries create substantial financial burdens:

  • Immediate medical costs for NICU care and specialized treatment
  • Future surgeries, medications, and hospital stays
  • Therapeutic services, including physical, occupational, and speech therapy
  • Adaptive equipment and assistive technology
  • Home modifications for accessibility
  • Special educational services and interventions
  • Lost parental wages while providing care

Unlike some states, Maryland places no cap on economic damages, allowing recovery of all financial costs related to the birth injury.

Non-Economic Damages: Acknowledging Suffering

Beyond financial losses, birth injuries cause significant non-economic harm:

  • Physical pain from injuries and treatments
  • Emotional distress and psychological challenges
  • Diminished quality of life and missed experiences
  • Family stress and relationship impacts

Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages at approximately $905,000 for cases arising in 2025, with annual adjustments for inflation. While limited, these damages acknowledge the real human cost of preventable medical errors.

How a Randallstown Birth Injury Attorney Helps Your Family

Securing fair compensation for birth injuries requires meticulous case preparation and strategic legal representation.

Thorough Investigation and Evidence Gathering

Our attorneys examine every aspect of your child’s birth injury:

  • We review prenatal, labor, delivery, and neonatal medical records
  • We analyze fetal monitoring strips for warning signs
  • We interview witnesses, including nurses, technicians, and family members
  • We consult with specialist physicians to identify standard of care violations

This detailed investigation creates compelling evidence of liability while establishing the full extent of your child’s injuries.

Expert Medical Consultation

Maryland law requires birth injury claims to be supported by qualified medical experts. We work with respected specialists in:

  • Obstetrics and maternal-fetal medicine
  • Neonatology and pediatric neurology
  • Pediatric rehabilitation and life care planning
  • Economic analysis for long-term damages

These experts explain medical concepts clearly to judges and juries while establishing how negligence caused your child’s specific injuries.

Navigating Maryland’s Procedural Requirements

Birth injury claims involve numerous technical hurdles unique to Maryland law:

  • We prepare and file all required documentation with the HCADRO
  • We secure properly executed Certificates of Qualified Expert within the mandatory timeframes
  • We manage court filings, response deadlines, and procedural motions throughout litigation

Our familiarity with Baltimore County courts provides valuable advantages when pursuing birth injury claims.

Negotiating with Insurance Companies

Most birth injury claims resolve through settlement negotiations. Our attorneys:

  • Present comprehensive evidence of negligence
  • Document full economic and non-economic damages
  • Counter-defense strategies designed to minimize compensation
  • Refuse inadequate offers that fail to meet your child’s needs

When settlement offers fall short, our trial attorneys present compelling cases to Baltimore County juries, explaining complex medical evidence and demonstrating the full impact of injuries on your child and family.

Contact a Randallstown Birth Injury Lawyer Today

The days following a birth injury are critical for your family’s future. Every week without legal action risks evidence disappearing, witness memories fading, and deadlines approaching. 

Contact our team today to protect your child’s rights and hold negligent medical providers accountable. Your child deserves both justice and the financial support necessary to thrive despite their injuries.