Your child’s birth should be a celebration, not the beginning of an unimaginable struggle. When Towson medical professionals fail to uphold proper care standards during delivery, the resulting injuries can forever change your child’s life and your family’s future. 

At Schochor, Staton, Goldberg and Cardea, P.A., our attorneys combine medical knowledge with legal tenacity to help Towson families hold negligent healthcare providers accountable while obtaining the substantial compensation necessary for specialized care, therapy, and lifelong support.

Defining Birth Injuries Under Maryland Law

Birth injuries occur when avoidable medical errors during pregnancy, labor, or delivery cause harm to newborns. Unlike birth defects, which develop due to genetic factors, birth injuries result from preventable mistakes made by healthcare providers. 

Common birth injuries in Towson include:

  • Cerebral Palsy: Often resulting from oxygen deprivation during birth, cerebral palsy affects muscle control, coordination, and movement. This condition frequently requires lifelong therapy, adaptive equipment, and specialized educational support.
  • Brachial Plexus Injuries: Excessive force or improper delivery techniques can damage the nerve network controlling arm and shoulder movement. These injuries manifest as Erb’s palsy (affecting the upper arm) or Klumpke’s palsy (affecting the hand and wrist). 
  • Hypoxic Brain Damage: When a baby’s brain doesn’t receive adequate oxygen during birth, even briefly, the resulting damage can cause seizure disorders, cognitive impairments, or developmental delays. 

Additional birth injuries include spinal cord injuries during difficult deliveries, and untreated jaundice leading to kernicterus (a form of brain damage). Each injury carries unique treatment requirements and potential long-term consequences for affected children.

Common Causes of Birth Injuries in Towson Hospitals

Birth injuries typically result from specific failures in medical care during labor and delivery:

Delayed C-Section

When complications threaten fetal wellbeing, timely cesarean delivery often prevents permanent injury. Harmful delays occur when hospital staff fails to recognize urgent situations, communication breakdowns occur between nurses and physicians, or facilities lack adequate surgical resources. 

Failure to Monitor Fetal Distress

Throughout labor, medical staff must vigilantly track fetal heart rate patterns to detect signs of oxygen deprivation or distress. When healthcare providers miss warning signs on fetal monitoring equipment or fail to communicate concerns promptly, babies may suffer preventable brain damage.

Improper Use of Delivery Tools

When labor progresses slowly, or positioning complications arise, physicians sometimes employ forceps or vacuum extractors. While these instruments can be necessary in certain situations, improper application causes numerous preventable injuries.

Forceps applied with excessive force can fracture an infant’s skull, damage facial nerves, or cause intracranial bleeding. Vacuum extractors used incorrectly may lead to scalp injuries, subgaleal hematomas (blood collection beneath the scalp), or brain hemorrhages. 

Misdiagnosis or Failure to Diagnose Critical Conditions

Pregnancy complications like preeclampsia, gestational diabetes, or maternal infections require prompt identification and treatment to prevent harm to both mother and baby. When physicians miss these conditions or fail to appreciate their severity, serious birth injuries may result.

Medication Errors During Labor

Improper dosing of labor-inducing drugs like Pitocin can cause excessive contractions that restrict fetal oxygen supply. Anesthesia errors may compromise maternal blood pressure, affecting placental blood flow and fetal oxygenation. When medication administration deviates from established protocols, both mothers and babies face unnecessary risks.

When Birth Injuries Lead to Wrongful Death Claims

In the most heartbreaking cases, medical negligence during childbirth results in a newborn’s death. These situations transition from personal injury to wrongful death claims, which function under different legal frameworks in Maryland.

Maryland law permits wrongful death claims for viable infants who die due to negligence. The viability standard generally applies to fetuses capable of surviving outside the womb, typically around 24 weeks gestation. 

Wrongful death lawsuits differ from birth injury claims in several key aspects. While birth injury litigation seeks compensation for ongoing care needs, wrongful death actions address the loss suffered by surviving family members. 

Types of Damages Available in Maryland Birth Injury Lawsuits

Economic Damages

Economic damages address quantifiable financial losses resulting from birth injuries:

  • Medical Expenses: These are expenses already incurred and those anticipated throughout the child’s lifetime, including hospital stays, surgical procedures, rehabilitation therapies, specialized equipment, and medications.
  • Costs of Lifelong Care: Children with permanent disabilities often need ongoing support, including specialized educational services, adaptive equipment, home modifications, and professional caregiving. 
  • Funeral and Burial Expenses: In wrongful death cases, economic damages include costs associated with funeral services and burial arrangements.

Maryland places no statutory limits on economic damages, allowing families to recover the full amount of these financial losses, which often reach into millions of dollars for severe birth injuries.

Non-Economic Damages

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

  • Pain and Suffering: Physical pain experienced by the injured child through medical procedures, therapies, and daily limitations deserves recognition and compensation.
  • Disability and Loss of Enjoyment: Birth injuries often prevent children from experiencing normal childhood activities, educational opportunities, and future independence. These permanent limitations warrant compensation beyond measurable economic losses.
  • Emotional Distress: Parents of children with birth injuries frequently experience significant psychological trauma, including anxiety, depression, and grief over lost expectations.

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.

Wrongful Death Damages

When birth injuries prove fatal, surviving family members may seek specific damages:

Emotional Pain and Loss of Companionship: Maryland law recognizes the profound grief experienced by parents who lose children to medical negligence. Compensation addresses this emotional suffering and the loss of the parent-child relationship.

In wrongful death cases with multiple beneficiaries, Maryland applies somewhat higher caps on non-economic damages compared to standard medical malpractice cases.

Statute of Limitations for Birth Injury and Wrongful Death

Maryland establishes specific deadlines for filing medical malpractice and wrongful death claims:

  • Birth Injury Claims: Under Maryland Courts and Judicial Proceedings § 5-109, medical malpractice claims must typically be filed within the earlier of:
    • Three years from when the injury was reasonably discovered (discovery rule); or
    • Five years from when the injury occurred (statute of repose)
  • Special Minor Tolling Rule: For minors, Maryland generally extends the filing deadline. In some circumstances, claims may be filed until the child’s 21st birthday. However, this extension does not necessarily apply to medical malpractice cases, making early consultation with an attorney essential.
  • Wrongful Death Claims: Wrongful death actions must generally be filed within three years of the date of death under Maryland Courts and Judicial Proceedings § 3-904.

Generally, missing these deadlines results in the permanent dismissal of valid claims, regardless of their merit. This makes early consultation with a Towson birth injury attorney vital to preserving legal rights.

Proving Negligence in Birth Injury Cases

Successful birth injury claims require establishing four key elements:

  • Duty of Care: Healthcare providers owed a duty to deliver care meeting accepted medical standards to both mother and baby.
  • Breach of Duty: The provider failed to meet this standard of care through action or inaction. This requires showing what a reasonably competent practitioner would have done differently under similar circumstances.
  • Causation: This failure directly caused the birth injury. Medical evidence must show a clear link between substandard care and the resulting harm.
  • Actual Damages: The injury resulted in significant harm requiring compensation, including medical expenses, pain and suffering, and other losses.

The Crucial Role of Expert Witnesses

Expert witnesses form the foundation of successful birth injury litigation in Maryland:

  • Certificate of Qualified Expert Requirement:Maryland Courts and Judicial Proceedings § 3-2A-04 mandates filing a certificate from a qualified medical expert within 90 days of the initial claim. This certificate must attest 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
  • Types of Experts: Birth injury cases typically involve multiple specialists, including:
    • Obstetricians who can address proper delivery techniques
    • Pediatric neurologists who evaluate brain injuries
    • Neonatologists specializing in newborn care
    • Life care planners projecting future needs
    • Economic experts calculating lifetime costs

These experts analyze medical records, fetal monitoring data, and hospital protocols to identify exactly where care deviated from accepted standards and how these deviations caused injury.

Lesser-Known but Valid Birth Injury Scenarios

Beyond common situations, several less-discussed scenarios may support valid birth injury claims:

  • Negligent Postnatal Care: Some birth injuries occur after delivery when hospital staff fails to recognize signs of infection, jaundice, or respiratory distress requiring immediate intervention. Proper newborn monitoring and timely response to concerning symptoms prevent these avoidable injuries.
  • Prenatal Care Negligence: Injuries sometimes stem from inadequate prenatal care, including failure to diagnose maternal conditions, misinterpreted ultrasounds, or improper management of high-risk pregnancies. When these oversights affect delivery planning or fetal wellbeing, resulting injuries may warrant compensation.
  • Communication Breakdowns or Sterilization Issues: System-wide hospital failures, including poor communication between shifts, inadequate sterilization procedures, or insufficient staffing, sometimes contribute to birth injuries. These cases may involve institutional liability beyond individual provider negligence.

Benefits of Hiring a Towson-Based Birth Injury Attorney

Local representation provides significant advantages in birth injury litigation:

  • Familiarity with Towson Hospitals: Attorneys practicing in the Towson area develop specialized knowledge about Greater Baltimore Medical Center (GBMC), University of Maryland St. Joseph Medical Center, and other local facilities. This insight includes understanding hospital protocols, staffing patterns, and previous safety issues relevant to your case.
  • Expertise in Maryland Medical Malpractice Law: State-specific requirements for birth injury litigation demand attorneys who regularly practice in Maryland courts. From procedural rules to damage calculations, local expertise significantly impacts case outcomes.
  • Familiarity with Baltimore County Circuit Court: Birth injury cases typically proceed in circuit court, where relationships with judges, court staff, and defense attorneys provide strategic advantages. Understanding local court preferences and expectations helps streamline complex litigation.
  • Accessibility and Community Commitment: Towson-based attorneys offer convenient access for in-person meetings, hospital visits, and court appearances. Their connection to the community often translates into passionate advocacy for local families affected by preventable medical errors.

Contact a Towson Birth Injury Lawyer

When preventable medical errors forever change your child’s life, urgent legal action becomes essential to securing the resources your family needs. Maryland’s strict filing deadlines and technical requirements make early consultation with a qualified Towson birth injury attorney vital to protecting your rights.

We handle birth injury cases on a contingency basis—you pay nothing unless we secure a successful outcome. Contact us today to speak with an attorney who will fight for your child’s future and care.