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.

Damages Available in a Severn, MD Birth Injury Case

Economic Damages

Economic damages address quantifiable financial losses resulting from birth injuries:

  • Medical Expenses: Birth injuries typically require extensive healthcare interventions, including neonatal intensive care, surgical procedures, rehabilitation therapies (physical, occupational, and speech), specialized medical equipment, medications, and ongoing treatments. 
  • Future Care Needs: Children with permanent disabilities often require lifelong medical support, assistive technology, home modifications, special education services, and caregiving assistance. Life care planners help calculate these substantial long-term expenses to ensure appropriate compensation.
  • Lost Income: Birth injuries affect family finances as parents often reduce work hours or leave employment to provide necessary care. Additionally, children with permanent disabilities may face limited earning potential as adults. 

Non-Economic Damages

Non-economic damages compensate for intangible but genuine suffering caused by birth injuries:

  • Pain and Suffering: Physical pain experienced by the injured child through medical procedures, therapies, and daily limitations imposed by their condition deserves recognition and compensation.
  • Emotional Distress: Birth injuries cause significant psychological trauma for both children and their families. Parents often experience grief, anxiety, and depression while caring for children with preventable disabilities.

While Maryland caps these non-economic damages, they remain an important component of just compensation for Severn families affected by birth injuries.

Uncommon Birth Injury Cases and Related Claims

Maternal Injuries Due to Negligence

Mothers sometimes suffer preventable harm during childbirth due to medical negligence:

  • Uncontrolled Hemorrhage: Failure to recognize and treat postpartum bleeding can result in dangerous blood loss, organ damage, or maternal death. 
  • Undiagnosed Preeclampsia: This pregnancy-related condition characterized by high blood pressure and organ damage requires careful monitoring and timely intervention. When left unaddressed, preeclampsia can cause seizures, stroke, or death.
  • Surgical Errors During C-Sections: Improper surgical technique during cesarean deliveries sometimes results in bladder injuries, bowel damage, or excessive bleeding, requiring additional procedures and extended recovery.

Fetal Distress and Stillbirth from Delayed Care

When medical providers fail to respond appropriately to signs of fetal distress, the consequences can be tragic:

  • Preventable Stillbirth: Delayed intervention despite clear warning signs of placental insufficiency, cord problems, or maternal conditions sometimes results in preventable fetal death. Maryland law permits wrongful death claims in certain circumstances when viable fetuses die due to medical negligence.
  • Severe Birth Asphyxia: Failure to address signs of oxygen deprivation during labor can result in profound brain damage or death shortly after birth. These cases involve both medical complexity and significant emotional trauma for families.

Post-Birth Medical Errors (Neonatal Malpractice)

Some birth injuries occur after delivery during newborn care:

  • Untreated Jaundice Leading to Kernicterus: When elevated bilirubin levels go untreated in newborns, toxic levels can cause kernicterus, a form of brain damage with lifelong consequences, including hearing loss, vision problems, and movement disorders.
  • Failure to Diagnose Congenital Conditions: Some treatable conditions require prompt diagnosis and intervention in the newborn period. Delays in identifying heart defects, metabolic disorders, or other medical issues can result in preventable harm.

How a Severn Birth Injury Lawyer Can Help Your Family

Comprehensive Investigation

Building a strong birth injury case begins with a thorough investigation:

  • Medical Record Analysis: Your attorney will obtain and review all relevant medical records, including prenatal care documentation, labor and delivery notes, fetal monitoring strips, nursing records, and subsequent treatment information.
  • Expert Consultation: Medical specialists evaluate these records to identify deviations from the standard of care and establish how these failures directly caused your child’s injuries.

Identifying Liable Parties

Birth injury cases often involve multiple responsible parties:

  • Individual Providers: Obstetricians, nurses, anesthesiologists, and other healthcare professionals may share responsibility for negligent care.
  • Hospitals and Medical Facilities: Healthcare institutions may bear liability for systemic failures, inadequate policies, or supervision issues. Additionally, hospitals often have vicarious liability for employee negligence.
  • Medical Practices: When physicians work as part of a medical group rather than as hospital employees, the practice itself may share responsibility for improper training or supervision.

Building the Case

Proving medical negligence requires strategic case development:

  • Evidence Gathering: Beyond medical records, attorneys secure witness statements, hospital protocols, and other documentation establishing the standard of care and how it was violated.
  • Expert Testimony: Medical specialists explain complex concepts to judges and juries, establishing what should have happened versus what actually occurred during your child’s birth.

Guidance and Support

Beyond legal representation, your attorney provides essential support:

  • Clear Explanations: Understanding medical terminology, legal procedures, and available options helps families make informed decisions during a difficult time.
  • Connection to Resources: Experienced birth injury attorneys maintain relationships with medical specialists, therapy providers, and support groups beneficial to families caring for children with disabilities.

Why Experience Matters in Birth Injury Cases

Birth injury litigation demands specialized knowledge across multiple disciplines:

  • Medical Expertise: Understanding obstetrical standards, interpreting fetal monitoring strips, and recognizing deviations from proper care requires focused experience in birth injury cases.
  • Local Knowledge: Familiarity with Anne Arundel County courts, judges, and defense attorneys provides strategic advantages when building and presenting your case.
  • Resources: Established birth injury firms maintain relationships with premier medical experts critical to case success and have the financial capability to develop complex cases fully.

Contact a Severn Birth Injury Lawyer Today

If your child suffered an injury during birth at any Maryland facility, contact us for a free consultation. Our attorneys will evaluate your potential claim and explain your legal options without obligation.

We handle birth injury cases on a contingency basis—you pay nothing unless we secure compensation for your family. Don’t let time limits expire on your child’s right to compensation. Contact us today to speak with an attorney who will fight for your child’s future.