How Baby Birth Injuries Lead to Medical Malpractice Claims in Maryland

 Posted on November 23, 2025 in Medical Malpractice

Some birth injuries happen because of natural complications. Others result from preventable medical mistakes. If a doctor, nurse, or hospital fails to provide proper care, you may have grounds for a medical malpractice claim. With help from an experienced Baltimore County, MD birth injury lawyer, you can take steps to hold negligent providers accountable. Serafini Law can help you fight for the compensation you need.

Common Birth Injuries Caused by Medical Malpractice

Birth injuries can occur before, during, or immediately after delivery. Many are the result of carelessness or poor medical decisions. Some of the most common injuries for babies that are linked to malpractice include:

• Cerebral palsy caused by oxygen deprivation during delivery

• Erb’s palsy or shoulder dystocia from excessive pulling or pressure

• Skull fractures or nerve damage from misuse of forceps or vacuum devices

• Brain damage following a delayed C-section

• Infections that doctors or nurses failed to diagnose or treat in time

These injuries can lead to lasting physical, emotional, and financial struggles. Under Maryland Courts and Judicial Proceedings Code § 3-2A-02, health care professionals must meet a recognized "standard of care." If they fail to act according to that standard and someone suffers an injury, it may be considered medical malpractice.

Evidence Needed To Prove Medical Malpractice for a Birth Injury

To prove medical negligence, you must show clear evidence that the provider’s mistake directly caused your baby’s injury. Maryland law has specific rules for establishing this link. The first step, according to § 3-2A-04, is to obtain a "certificate of a qualified expert." This document shows that another medical expert has reviewed your case and understands what went wrong. It also shows that they believe your doctor or hospital did not provide the level of care that a reasonably skilled provider should have.

Your attorney may collect hospital records, monitoring reports, and statements from staff to see if proper procedures were followed. Medical experts can then explain how mistakes like missed warning signs or slow responses led to your child’s injury.

Maryland law limits how long you have to file a medical malpractice claim. It is typically five years from the injury or three years from when you discovered it. If your child was hurt, the deadline may extend until their 11th birthday. Waiting can make it harder to keep medical evidence and witness statements, so act as fast as you can by calling an experienced attorney right away.

What Compensation Can Families Recover for Birth Injuries?

Birth injuries can place a heavy emotional and financial burden on your family. Maryland law allows you to seek compensation for both the financial costs and the personal hardships your family faces. This includes medical bills, ongoing treatment, and the emotional impact of pain and loss of quality of life.

While Maryland limits non-economic damages, that cap increases a little each year. There is no cap on the financial costs you can recover, so you can pursue the full amount needed to support your child’s long-term care. Our team will take the time to understand your situation and make sure every expense and hardship is fully considered.

Contact an Owings Mills, MD Medical Malpractice Attorney Today

Attorney Andrew A. Serafini, Jr. is known for giving every case his personal attention and compassionately guiding clients through difficult times. Clients describe him as supportive and understanding, yet aggressive when dealing with insurance companies and negligent defendants. With more than 12 years of experience and deep roots in the local community, Attorney Serafini fights for families across Baltimore County who have suffered due to medical negligence.

Contact Serafini Law today at 240-744-1600 to schedule a free consultation with a Baltimore County, MD birth injury lawyer you can trust. Our phone lines are open 24/7, and our contingency fee policy means that you pay nothing upfront.