When a baby is injured during labor and delivery, families are left with a diagnosis, a long list of specialists and very little explanation of how it happened. The hospital record holds most of the answer, including the fetal heart monitoring strips, the nursing notes and the timeline of who was called and when.
Blank Kim Injury Law handles birth injury claims across Maryland. These are medical malpractice cases, so they carry the same procedural requirements as any other medical negligence claim, plus a lifetime of care to account for when a child is permanently affected.
Birth injuries we handle
- [Hypoxic ischemic encephalopathy (HIE)](/birth-injury-attorney/hypoxic-ischemic-encephalopathy/). Brain injury from oxygen deprivation around the time of birth, often linked to delayed delivery.
- [Cerebral palsy](/cerebral-palsy-lawyer/). A movement and muscle-tone disorder that can follow a brain injury before, during or shortly after birth.
- [Kernicterus](/birth-injury-attorney/kernicterus/). Permanent brain damage from severe newborn jaundice that was not tested for or treated in time.
- [Erb's palsy and brachial plexus injuries](/birth-injury-attorney/erbs-palsy-brachial-plexus/). Nerve damage to the arm, usually from traction during a difficult delivery.
- Skull fractures and bleeding in the brain. Often associated with vacuum or forceps deliveries.
- Maternal injuries. Severe tearing, hemorrhage, untreated preeclampsia and infections that were missed after delivery.
Some injuries are obvious at birth. Others surface months later, when a child misses developmental milestones. A later diagnosis does not necessarily mean a claim is too late.
What goes wrong during labor and delivery
Most birth injury claims come down to recognizing trouble and acting on it. The failures we see most often are:
- Fetal heart monitoring that showed distress, with no one responding for hours
- A cesarean section that was needed and delayed
- Force or repeated attempts with vacuum or forceps
- Shoulder dystocia handled with excessive traction instead of recognized maneuvers
- Untreated maternal preeclampsia, infection or gestational diabetes
- Newborn jaundice that was not measured or treated before bilirubin reached dangerous levels
- A newborn in distress who was not sent for cooling therapy in the narrow window when it helps
A birth injury claim asks whether a competent team would have acted sooner, and whether acting sooner would have changed the outcome.
How a birth injury claim is proven
These cases are built from records rather than recollection, which is why the hospital chart matters so much.
- The delivery record. Monitoring strips, nursing notes, orders and timestamps show what the team saw and when they acted.
- Physician review. Obstetricians, neonatologists and other specialists review whether the care met the standard and what the delay caused.
- Certificate of qualified expert. Maryland requires a qualifying expert to certify the claim, and cases are filed with the state health care dispute office before they proceed in court.
- Life care planning. For a permanent injury, specialists project the therapy, equipment, medical care and support a child will need over a lifetime, which is what the claim has to cover.
Deadlines for a Maryland birth injury claim
Birth injury claims follow Maryland's medical malpractice deadlines, generally five years from the injury or three years from when it was discovered, whichever comes first. Claims on behalf of a child follow their own rules, which can extend the time available.
Do not assume it is too late because your child is no longer a newborn. Diagnoses like cerebral palsy often arrive well after delivery. Ask us to check the dates that apply to your child's case.
What a birth injury claim can cover
- Medical care, past and future, including surgery and specialists
- Physical, occupational and speech therapy
- Equipment, home modifications and assistive technology
- In-home nursing or attendant care
- Special education and support services
- Lost earning capacity for a child whose future work is affected
- The pain, suffering and loss of a normal childhood
Maryland caps non-economic damages in medical malpractice cases, and that cap is adjusted annually. The economic side, which is usually the larger part of a serious birth injury claim, is proven with life care plans and economic analysis. Past results in other cases do not predict the outcome of yours.
