The birth of your child should mark life’s most precious moment. When medical professionals make avoidable mistakes during childbirth in Severna Park, families watch helplessly as their newborn faces unnecessary suffering and a future forever altered. Behind the pain lies a disturbing truth: many birth injuries stem from preventable medical errors that violate established care standards.
At Schochor, Staton, Goldberg and Cardea, P.A., our birth injury attorneys have secured substantial compensation for Anne Arundel County families. While you provide your child with needed care and support, our legal team pursues the financial resources your family requires today and throughout your child’s lifetime.
Maryland Birth Injury Laws That Protect Severna Park Families
Understanding Maryland’s distinctive legal framework gives Severna Park families a significant advantage when pursuing birth injury claims. These laws determine everything from when you must file to how much compensation you can receive.
Time Limitations That Cannot Be Ignored
Maryland Courts and Judicial Proceedings § 5-109 establishes non-negotiable deadlines for filing birth injury claims:
- Medical malpractice actions must be filed within five years of the injury date or three years from injury discovery, whichever occurs first
- For children under 11, claims may be filed until their 11th birthday
- Wrongful death actions must commence within three years of death
Missing these deadlines permanently bars recovery regardless of case merit. A Severna Park birth injury attorney ensures your claim proceeds within these mandatory timeframes, protecting your child’s right to compensation.
Contributory Negligence: Maryland’s Strict Rule
Maryland maintains the contributory negligence doctrine, one of only four states with this stringent standard.
Defense attorneys often attempt to shift partial blame to mothers, suggesting prenatal decisions contributed to birth injuries. Our attorneys anticipate and counter these tactics, preserving your right to compensation by establishing clear provider liability without contributory factors.
Establishing Medical Negligence in Severna Park Birth Injury Claims
Prevailing in birth injury cases requires proving that healthcare providers delivered substandard care that directly caused harm to your child.
The Four Pillars of Every Successful Claim
Maryland law requires establishing four fundamental elements:
- Duty of Care: The healthcare provider had a professional obligation to deliver appropriate care to the mother and baby
- Breach of Standard: The provider’s actions fell below medically accepted practices
- Direct Causation: This substandard care directly resulted in the specific birth injury
- Verifiable Harm: The injury produced measurable damages requiring compensation
Our attorneys methodically build evidence supporting each element, creating an airtight foundation for your case.
Expert Testimony: The Cornerstone of Your Case
Maryland Courts and Judicial Proceedings § 3-2A-04 requires birth injury claims to include a certificate from a qualified medical expert. This expert must:
- Possess recent clinical experience or teaching credentials in the relevant specialty
- Affirm in writing that care violated acceptable medical standards
- Establish direct causation between the violation and the specific injury
Without proper expert certification within 90 days of filing, courts dismiss birth injury claims regardless of merit. Our firm works with respected medical experts who provide authoritative testimony supporting your case.
Compensation Available for Severna Park Birth Injury Victims
Maryland law recognizes several distinct compensation categories for families affected by birth injuries.
Medical Care: Present and Future
Birth injuries often require:
- Specialized neonatal intensive care
- Pediatric neurology consultations
- Multiple surgeries and hospital stays
- Ongoing medication regimens
- Advanced diagnostic testing
Unlike some states, Maryland places no cap on these economic damages, allowing recovery of all past and projected medical expenses related to the birth injury. This proves particularly valuable for Severna Park families facing the elevated healthcare costs common in Anne Arundel County.
Rehabilitation and Support Services
Children with birth injuries typically require:
- Physical therapy to improve mobility
- Occupational therapy for daily living skills
- Speech therapy for communication challenges
- Behavioral intervention for psychological impacts
- Special education services for learning differences
The lifetime cost of these services often reaches millions of dollars—funds your family deserves when injuries result from medical negligence.
Adaptive Equipment and Home Modifications
Serious birth injuries frequently necessitate:
- Mobility devices like wheelchairs or specialized strollers
- Communication technology for non-verbal children
- Feeding tube systems and nutritional support
- Accessible home modifications
- Adapted transportation options
These expenses create significant financial pressure on Severna Park families already managing the emotional impact of a birth injury.
Pain, Suffering, and Diminished Quality of Life
Beyond financial losses, birth injuries cause significant non-economic harm:
- Physical pain from injuries and treatments
- Emotional distress and developmental challenges
- Lost childhood experiences and opportunities
- Family stress and relationship strain
Maryland Courts and Judicial Proceedings § 3-2A-09 caps these 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.
