For Salisbury families confronting a birth injury, Maryland law provides specific legal remedies. When healthcare providers deliver substandard care that harms your newborn, you have the right to seek compensation for both immediate and long-term costs associated with the injury.

A skilled Salisbury birth injury lawyer serves as your advocate throughout this demanding process. At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys have secured over $1 billion for victims of medical negligence. 

Common Causes of Birth Injuries Leading to Legal Claims

Birth injuries in Salisbury medical facilities often result from specific forms of medical negligence that violate accepted standards of care:

Delayed or Improper C-Sections

When complications arise during labor, prompt cesarean delivery can prevent serious injury. Delays in performing necessary C-sections frequently lead to oxygen deprivation, resulting in conditions like cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and permanent intellectual disabilities.

Medical standards require timely surgical intervention when fetal monitoring shows distress, labor fails to progress, or complications like placental abruption occur. When doctors hesitate despite warning signs or hospitals lack adequate staffing for prompt intervention, preventable injuries often result.

Misuse of Forceps or Vacuum Extraction

Delivery assistance tools require proper training and careful application. Forceps improperly applied may cause skull fractures, facial nerve damage, cerebral hemorrhages, or brain damage from excessive pressure.

Vacuum extractors used incorrectly can lead to scalp lacerations, subgaleal hemorrhages (bleeding between the scalp and skull), intracranial bleeding, and subsequent developmental issues.

Proper training and technique are necessary when using these instruments. When doctors apply excessive force or use instruments in contraindicated situations, they fall below the standard of care expected in Wicomico County medical facilities.

Failure to Monitor Fetal Distress

Electronic fetal monitoring during labor provides vital information about a baby’s condition. When healthcare providers misinterpret data, ignore warning signs, or fail to communicate concerning patterns, the consequences can be severe.

Warning signs requiring immediate attention include abnormal fetal heart rate patterns, decreased fetal movement, meconium in amniotic fluid, and maternal vital sign abnormalities affecting fetal oxygenation.

Professional standards require proper monitoring equipment, trained personnel who can interpret results accurately, and prompt communication of concerning findings to physicians.

Medication and Treatment Errors

Mistakes in medication dosing during labor and delivery pose serious risks. Improper use of labor-inducing drugs like Pitocin can cause abnormally strong contractions that reduce oxygen flow to the baby. Similarly, anesthesia errors can affect both maternal and fetal well-being.

These errors often result from poor communication between healthcare team members, inadequate medication protocols, or simple calculation mistakes. Proper safety checks should prevent most medication errors, making these mistakes particularly clear examples of negligence.

Salisbury-Specific Birth Injury Laws and Medical Providers

Statute of Limitations under Maryland Law

Maryland imposes strict deadlines for filing birth injury claims:

General Deadlines

Under Maryland Courts and Judicial Proceedings § 5-109, medical malpractice claims must generally be filed within the earlier of:

  • Five years from when the injury occurred, or
  • Three years from when the injury was discovered

Special Rules for Minors

For children with birth injuries, Maryland extends the filing deadline until the child’s 11th birthday in most cases. This extension recognizes that some birth-related conditions may not become apparent until developmental delays emerge in early childhood.

Missing these deadlines permanently bars recovery, regardless of how clear the negligence might be. This makes early consultation with a Salisbury birth injury attorney particularly important.

Maryland’s Medical Malpractice Requirements

Filing Requirements

Maryland law requires birth injury claims to be filed initially with the Health Care Alternative Dispute Resolution Office (HCADRO) before proceeding to court. This administrative filing initiates an arbitration process that can be waived by either party.

Certificate of Qualified Expert

Within 90 days of filing with HCADRO, Maryland law requires submission of a Certificate of a Qualified Expert. This document, signed by a medical professional with relevant expertise, must attest that:

  • The healthcare provider violated the accepted standard of care
  • This violation proximately caused the injury

The expert must have clinical experience, provided consultation, or taught medicine in the defendant’s specialty within five years of the alleged negligence.

Types of Damages Available in a Birth Injury Claim

Maryland law provides specific compensation categories for families affected by birth injuries:

Medical Expenses (Current and Future)

Birth injuries often require extensive treatment:

  • Initial neonatal intensive care
  • Surgeries and hospitalizations
  • Medications and medical equipment
  • Therapeutic interventions (physical, occupational, speech therapy)

These expenses must be calculated for both current needs and future care requirements, often extending throughout the child’s lifetime. Unlike some states, Maryland places no cap on economic damages, allowing full recovery of all necessary medical costs.

Pain and Suffering (Non-Economic Damages)

This category compensates for physical pain, emotional distress, and diminished quality of life experienced by the injured child.

Maryland Courts and Judicial Proceedings § 3-2A-09 caps non-economic damages in medical malpractice cases. For 2025, this cap stands at approximately $905,000 for most cases, with annual adjustments for inflation.

Lost Earning Potential

Children with permanent disabilities often face reduced earning capacity throughout their lives. Economic experts calculate these losses based on the injury’s impact on educational and employment prospects.

Special Education and Long-Term Care Costs

Many birth injuries require:

  • Specialized educational services
  • Adaptive equipment (wheelchairs, communication devices)
  • Home modifications for accessibility
  • Professional caregiving services

A comprehensive life care plan, prepared by experts, projects these costs over your child’s lifetime to ensure adequate compensation.

Wrongful Death Damages

When birth injuries prove fatal, Maryland’s wrongful death statute permits recovery for:

  • Funeral and burial expenses
  • Mental anguish and emotional pain experienced by parents
  • Loss of companionship and society

In cases involving unborn children, Maryland courts have established that wrongful death claims may proceed if the fetus was viable when the injury occurred.

Proving Negligence in a Birth Injury Case

Establishing medical negligence in a Salisbury birth injury case requires several key elements:

Violation of the Standard of Care

Healthcare providers must deliver care meeting the level that a reasonably capable professional would provide under similar circumstances. Proving a standard of care violation typically requires:

Definition and Examples

Medical experts establish the specific actions required under the circumstances and explain how the provider’s conduct fell short. For example, an expert might testify that fetal monitoring strips showed clear signs of distress requiring immediate cesarean delivery, but the provider failed to act.

Gathering Evidence

Your attorney obtains and reviews:

  • Complete medical records from pregnancy through delivery
  • Fetal monitoring strips
  • Nursing notes and physician orders
  • Hospital protocols and policies
  • Witness statements from present medical personnel

This documentation forms the foundation of your claim.

Causation – Linking Negligence Directly to Injury

Perhaps the most technically demanding element, “causation,” requires proving that the provider’s negligence directly caused the specific birth injury.

Importance of Expert Witness Testimony

Defense attorneys often argue that genetic factors, maternal health conditions, or unavoidable complications, not negligence, caused the injury. Thus, medical experts must explain the connection between the substandard care and the resulting injury using scientific evidence. 

Establishing Damages

The final element requires documenting the harm suffered and its financial impact:

Medical Reports and Prognoses

Physicians treating your child provide documentation of current injuries and likely future medical needs. These reports establish the nature and extent of harm suffered.

Expert Evaluations

Life care planners calculate the cost of necessary future care, including medical treatment, therapies, equipment, and accommodations. Economists then calculate the present value of these future expenses, along with lost earning potential.

Why You Need a Salisbury Birth Injury Lawyer

A specialized birth injury attorney provides invaluable assistance throughout the legal process:

Legal Expertise in Maryland Birth Injury Law

Birth injury cases involve unique medical and legal considerations. Attorneys familiar with Maryland’s specific requirements can navigate procedural hurdles that might otherwise derail valid claims.

Thorough Investigation and Case Preparation

Your attorney will:

  • Obtain and analyze all relevant medical records
  • Consult with premier medical experts
  • Identify all potentially liable parties
  • Develop a comprehensive litigation strategy

This thorough preparation often results in stronger cases and better outcomes.

Maximizing Financial Compensation

Experienced attorneys understand the full range of damages available and work with appropriate experts to document and prove each category. This comprehensive approach helps ensure your child receives compensation covering all current and future needs.

Handling Negotiations with Insurance Companies and Hospitals

Birth injury claims often involve substantial potential damages. Insurance companies and healthcare providers aggressively defend these cases to minimize payouts. Your attorney serves as your advocate during settlement discussions, ensuring your interests are protected.

Trial Preparation and Courtroom Advocacy

If settlement isn’t possible, your attorney prepares your case for trial, including:

  • Organizing evidence and exhibits
  • Preparing expert witnesses
  • Developing persuasive legal arguments
  • Presenting your case effectively to judges and juries

Compassionate Personal Support and Resources

Beyond legal representation, experienced birth injury attorneys connect families with resources for medical care, support groups, and financial assistance during the litigation process.

Contacting a Salisbury Birth Injury Lawyer for a Free Consultation

If your child suffered a birth injury that you believe resulted from medical negligence, prompt legal consultation preserves your rights and improves your chances of securing appropriate compensation.

Importance of Timely Legal Action

Maryland’s statute of limitations creates urgency for birth injury victims. Waiting too long may permanently bar your family from any recovery. Early consultation also allows your attorney to:

  • Preserve critical evidence before it disappears
  • Interview witnesses while memories remain fresh
  • Meet all procedural deadlines

What to Expect During a Consultation

During your free initial consultation, an experienced birth injury attorney will:

  • Review the basic facts surrounding your child’s injury
  • Explain relevant laws and how they apply to your situation
  • Outline the legal process and timeline
  • Answer your questions about pursuing a claim

Contingency Fee Arrangement

Our birth injury attorneys work on a contingency fee basis, meaning:

  • You pay no legal fees unless you receive compensation
  • Attorney fees are a percentage of your recovery
  • Case expenses are advanced by the firm and reimbursed from the recovery

This arrangement provides access to quality legal representation without requiring upfront payment.

Take Immediate Action

Don’t delay—reach out today to protect your family’s future. Contact our team today for a free, confidential consultation. We provide the specialized legal support your family needs while you focus on your child’s care and recovery.