Columbia Birth Injury Lawyers

Technically, we name the doctor and the hospital in the lawsuit. However, in almost every case, the payout comes from their medical malpractice insurance policy, not their personal bank account.

It costs $0 upfront. The Child and Birth Injury Firm works on a contingency fee basis. We advance all costs for filing, medical experts, and records. We only get paid if we win your case. Birth injuries often result in significant medical costs, including surgeries, doctor visits, and ongoing rehabilitation, which are a key part of the compensation we seek for your family.

Possibly, but most cases settle before trial. However, we prepare every case as if we are going to trial, which gives us leverage during settlement negotiations. Many birth injury cases are settled out of court, often before a lawsuit is filed, and medical malpractice lawsuits rarely go to trial because a settlement is usually reached.

Yes. Midwives and birthing centers are held to a professional standard of care, just like hospitals. If they failed to transfer you to a hospital when complications arose, they can be held liable. The role of hospital staff and the importance of proper care during labor and delivery are critical to preventing birth injuries.

Maryland law requires that, within 90 days of filing a lawsuit, we must file a certificate from a qualified medical expert stating that the defendant breached the standard of care. Our firm handles locating and hiring these experts for you. Medical malpractice lawsuits require expert testimony to establish that negligence occurred.

Yes. We start by gathering the medical records. We look at the fetal heart strips, the umbilical cord blood gas results, and the placental pathology. These three things usually tell us if the injury was genetic or if it was caused by oxygen deprivation during labor. Birth defects are typically genetic or developmental, while birth injuries can result from complications during pregnancy, labor, or delivery, often due to medical negligence.

Generally, the lawsuit focuses on the child’s damages and the medical bills.

The cap is a Maryland state law, so it applies to Howard County as it does everywhere else. However, the cap only applies to non-economic damages (pain and suffering). There is no cap on the cost of your child’s medical care.

1. There is no fixed timeline for a birth injury claim, as each case involves unique medical complexities and legal hurdles. However, it is a comprehensive process that requires a meticulous investigation into the labor and delivery records.

The phases of a Maryland birth injury claim typically include:

• Immediate Investigation: This begins the moment a legal team is retained. It involves securing all fetal monitor strips, hospital logs, and placental pathology reports before they are archived or lost.
• Medical Expert Review: In Maryland, a case cannot proceed without a “Certificate of Qualified Expert.” A specialist must review the records early on to confirm that a breach in the standard of care occurred.
• Assessment of Long-Term Needs: While legal action begins early, the full scope of a child’s needs—such as specialized education, mobility equipment, and 24-hour nursing—is carefully calculated by “Life Care Planners.” This ensures that any recovery covers the child’s entire lifetime, not just their immediate medical bills.
• Litigation and Discovery: The process of “Discovery” (exchanging evidence with the hospital’s defense team) can take 12 to 24 months. During this time, depositions are taken from the doctors and nurses involved in the delivery.

Why Early Action is Critical: Even though a case may take time to resolve, the “clock” for the statute of limitations is always ticking. Contacting an experienced birth injury attorney early ensures that critical evidence is preserved and that the mandatory procedural steps (like the HCADRO filing) are handled correctly from the start.

Medical malpractice is highly technical. You need a team with specific experience in obstetrical negligence. These cases are complex and require attorneys with deep knowledge of medical standards and birth injury litigation.

Common types of birth injuries include:

• Cerebral palsy: Caused by damage to the developing brain during pregnancy or childbirth.
• Hypoxic-ischemic encephalopathy (HIE): Results from a significant interruption of blood and oxygen supply during delivery.
• Erb’s palsy: Results from damage to the brachial plexus nerves during a difficult vaginal delivery. Injuries can result from procedures like vacuum extraction or forceps use, which, if not performed correctly, can cause skull fractures or broken bones. Birth injuries may occur during passage through the birth canal, especially if there is improper use of vacuum extraction or forceps, leading to serious harm, such as skull fractures or broken bones to the baby or mother.

The financial and emotional burdens from a birth injury can be overwhelming, impacting the entire family unit. The emotional impact on parents can be profound, often leading to mental health issues such as depression and anxiety.

Medical malpractice lawsuits are complex cases requiring expert medical testimony and detailed evidence. The process involves collecting medical records, consulting with experts, and negotiating with insurance companies. Most cases are resolved through settlement rather than trial.