When medical negligence during childbirth harms your infant, Wheaton families need immediate legal guidance to secure their child’s future. Parents experience genuine heartbreak watching their newborn suffer from preventable medical errors while confronting the financial challenge of providing specialized care.
A Wheaton birth injury attorney from Schochor, Staton, Goldberg and Cardea, P.A. offers the knowledgeable and compassionate representation your family deserves.
Our attorneys have secured substantial compensation for families throughout Montgomery County whose children have suffered birth injuries due to medical negligence. We handle the legal aspects of your case while you focus on what matters most—your child’s health and your family’s well-being.
Understanding Birth Injury Claims in Maryland
Birth injuries differ significantly from birth defects. Injuries result from physical trauma or oxygen deprivation during labor or delivery, often caused by medical negligence. These injuries can affect either the infant or mother and range from temporary conditions to permanent disabilities requiring lifelong care.
Medical malpractice occurs when healthcare professionals fail to provide the standard of care that similarly trained practitioners would deliver under comparable circumstances. This failure breaches their professional duty and forms the basis for legal action.
Under Maryland law, victims must prove that medical professionals failed to provide care meeting accepted standards. This departure must directly cause the infant’s injury to establish liability.
The Certificate of Qualified Expert represents a mandatory element in Maryland birth injury cases. Maryland Courts and Judicial Proceedings § 3-2A-04 stipulates this document must:
- Be signed by a medical professional with relevant expertise
- Attest that healthcare providers violated appropriate standards
- Establish that these violations directly caused the injury
- Confirm the expert has practical experience in the defendant’s specialty
This certificate must be submitted within 90 days of initiating your claim through Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO).
Common Causes of Birth Injury Malpractice Claims
The common causes of birth injuries in Wheaton are the following:
Failure to Monitor Fetal Distress
Electronic monitoring during labor provides vital information about a baby’s condition. Warning signs demanding immediate action include abnormal heart patterns, decreased heart rate variability, and meconium in amniotic fluid.
When Wheaton medical teams misread these indicators or delay intervention, the resulting oxygen deprivation can cause brain damage, leading to cerebral palsy, developmental delays, or other permanent neurological conditions. The American College of Obstetricians and Gynecologists publishes authoritative guidelines for monitoring interpretation that establish the minimum standard of care.
Delayed Cesarean Section
When birth complications arise, prompt surgical intervention prevents serious injuries. Unnecessary postponement of emergency C-sections can result in hypoxic-ischemic encephalopathy (HIE), brain hemorrhage, or other permanent disabilities.
Montgomery County hospitals must maintain sufficient staffing and clear protocols, enabling rapid surgical response when needed.
Improper Use of Delivery Instruments
Forceps and vacuum extractors require the utmost precision and appropriate judgment. When misapplied, these tools can cause catastrophic injuries, including skull fractures, nerve damage, or brain trauma.
Medical studies reveal improper instrumental delivery techniques increase injury risk significantly compared to correctly performed procedures. Wheaton healthcare providers must demonstrate thorough training before employing these instruments.
Excessive Force During Delivery
Shoulder dystocia presents a serious obstetric emergency requiring specific maneuvers to resolve safely. Improper management can lead to brachial plexus injuries (Erb’s palsy), resulting in weakness or paralysis in the affected arm.
Medical standards establish precise protocols for managing this complication. Departures from these guidelines resulting in permanent injury may constitute actionable negligence.
Less Common but Serious Causes of Birth Injuries
Less frequent but equally harmful causes of birth injuries include medication errors during labor, communication breakdowns among medical personnel, undiagnosed prenatal conditions, and post-delivery monitoring failures.
Medication mistakes with labor-inducing drugs like Pitocin, anesthesia complications affecting maternal blood pressure, or administration of contraindicated medications can all lead to serious complications when not properly managed.
The first 24 hours after birth require vigilant monitoring. Permanent injuries can result from missed signs of infection, inadequate treatment of jaundice, or overlooked respiratory distress. These moments demand the highest standard of medical attentiveness.
