Every parent dreams of holding their healthy newborn after delivery. When medical errors transform this precious moment into a lifetime of medical appointments, therapy sessions, and unanswered questions, families need more than sympathy – they need action.
At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys serve as your family’s dedicated champion, uncovering medical mistakes that others might miss and securing the financial resources your injured child needs. We’ve helped numerous Anne Arundel County families recover the compensation necessary to provide exceptional care for their children injured by medical negligence.
Understanding Birth Injuries and Medical Negligence
Birth injuries occur when avoidable mistakes during pregnancy, labor, or delivery harm newborns. Unlike birth defects, which develop during pregnancy due to genetic or environmental factors, birth injuries stem from preventable medical errors.
Medical negligence happens when healthcare providers fail to follow accepted standards of care, resulting in injury that proper treatment would have prevented.
Common Causes of Birth Injuries Due to Medical Negligence
The common causes of birth injuries in Severn are the following:
Failure to Monitor Fetal Distress
Throughout labor, medical staff must carefully monitor fetal heart rate patterns to detect signs of oxygen deprivation or distress. When healthcare providers miss warning signs on fetal monitoring strips or fail to communicate concerns promptly, babies may suffer preventable brain damage.
Delayed Delivery or C-Section
When complications arise during labor, timely intervention prevents serious birth injuries. Prolonged labor increases risks of oxygen deprivation, physical trauma, and maternal complications.
These harmful delays typically occur when:
- Medical staff fails to recognize signs requiring immediate surgical intervention
- There’s poor communication between nursing staff and physicians
- Hospitals lack adequate surgical resources or personnel
- Physicians hesitate to perform necessary interventions despite warning signs
Improper Use of Delivery Tools
When labor progresses slowly, or positioning difficulties arise, physicians sometimes employ forceps or vacuum extractors. While these instruments can facilitate delivery in certain situations, improper application causes numerous preventable injuries.
Forceps applied with excessive force or at incorrect angles can fracture an infant’s skull, damage facial nerves, or cause intracranial bleeding. Vacuum extractors used too long or with extreme suction can create dangerous pressure injuries leading to brain hemorrhage or scalp damage.
Excessive Force or Mismanaged Shoulder Dystocia
Shoulder dystocia occurs when an infant’s shoulder becomes lodged behind the mother’s pubic bone during delivery. This emergency requires specific maneuvers to free the baby without causing injury.
When physicians apply excessive traction to the head and neck rather than following established protocols, brachial plexus nerves can tear or stretch, resulting in Erb’s palsy or similar conditions.
Medication or Medical Errors
Various medication and treatment errors contribute to birth injuries in Severn medical facilities:
- Pitocin Mismanagement: Improper administration of this labor-inducing drug can cause excessive contractions that reduce fetal oxygen supply, potentially leading to brain damage.
- Anesthesia Mistakes: Errors in epidural placement or dosing can cause dangerous maternal blood pressure drops that compromise fetal well-being. Anesthesiologists must adjust medications appropriately for pregnant patients to ensure both maternal and fetal safety.
- Untreated Maternal Infections: Failure to diagnose and treat conditions like Group B streptococcus or chorioamnionitis can lead to neonatal sepsis, meningitis, or other serious infections. Timely screening and appropriate antibiotic therapy prevent these dangerous complications.
- Failure to Address Umbilical Cord Issues: Cord prolapse (when the cord descends before the baby) or cord compression requires immediate intervention to prevent oxygen deprivation. Delayed response to these emergencies frequently results in preventable brain injuries.
Maryland Laws and Statutes Affecting Birth Injury Claims
Statute of Limitations
Maryland establishes specific deadlines for filing medical malpractice claims:
- General Rule: Under Maryland Courts and Judicial Proceedings § 5-109, medical malpractice claims must typically be filed within the earlier of five years from when the injury occurred or three years from when the injury was reasonably discovered.
- Special Considerations for Minors: For children under age 11, Maryland extends the deadline until the child’s 11th birthday. This extension recognizes that some neurological injuries become apparent only as developmental delays emerge during early childhood.
- Wrongful Death Deadlines: If a birth injury results in death, surviving family members generally have three years from the date of death to file a wrongful death claim.
Generally, missing these deadlines results in the permanent dismissal of valid claims, regardless of their merit.
Maryland Damage Caps
Maryland law limits certain types of compensation in medical malpractice cases:
- Caps on Non-Economic Damages: Maryland Courts and Judicial Proceedings § 3-2A-09 restricts non-economic damages (pain, suffering, emotional distress) in medical malpractice cases. As of 2025, this cap stands at approximately $905,000 for most cases.
- No Caps on Economic Damages: Importantly, Maryland places no restrictions on economic damages. This allows Severn families to recover the full amount of medical expenses, therapy costs, specialized equipment needs, and other quantifiable financial losses related to the birth injury.
Pre-Lawsuit Requirements
Birth injury litigation in Maryland involves specific procedural requirements:
- Health Care Alternative Dispute Resolution Office (HCADRO): All medical malpractice claims must initially be filed with this administrative body. While parties typically waive arbitration and proceed to court, this filing step remains mandatory and must follow specific guidelines.
- Certificate of Qualified Expert: Within 90 days of filing, claimants must submit a certificate from a qualified medical expert attesting that:
- The healthcare provider violated the standard of care
- This violation directly caused the injury
- The expert has clinical experience, provided consultation, or taught medicine in the defendant’s specialty
These technical requirements make early consultation with an experienced birth injury attorney vital to building a successful claim.
