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.
