Medical Malpractice
The birth of a child is meant to be a joyous occasion, but when a birth injury occurs due to medical negligence, it can be overwhelming for parents. If your child has suffered a birth injury, you may be left with difficult decisions about their care, treatment, and future.
At Miller & Zois, we understand the profound emotional and financial challenges that come with these circumstances. We are here to help you navigate this difficult journey by advocating for the compensation you need to ensure your child has access to the resources and medical care they deserve.
A birth injury can result in lifelong medical needs, therapies, and special education. Recovering compensation can provide the financial support necessary to help your child thrive, offering the tools and treatments to make a difference in their quality of life.
Our compassionate team is dedicated to holding negligent medical professionals accountable, ensuring your family’s needs are met during this challenging time. Our Baltimore, Maryland, birth injury lawyers are here to support you, protect your rights, and guide you through the legal process with care and empathy.
Why Birth Injury Cases Really Matter
The reality is that millions of dollars in a settlement amount or jury payout can improve a tough situation. It makes it easier to care for your child and give them the very best. Studies show the best care leads to better outcomes. Just as importantly, it can provide your child with the funds needed for lifelong care, even after you are gone.
The reason these cases sometimes result in extremely large settlements and verdicts in the tens of millions of dollars is apparent. The injuries in permanent brain damage cases are catastrophic (and there is no cap on economic damages in Maryland).
Sadly, some families have no option for monetary help. This is because their child’s birth injury was not due to a medical error (or they never suspected malpractice was the cause). But when the harm was caused by a medical mistake, there is the possibility of a great deal of compensation.
Our lawyers handle birth injury claims. Our legal team is based in Baltimore, Maryland. But our attorneys handle these personal injury cases throughout the United States.
There are complicated statute of limitations issues involving children. So, while you may want to put off hiring a Baltimore birth injury lawyer, you should not put off talking to one to get legal advice on your deadline to sue because of the statute of limitations issues you may face.
What our Baltimore birth injury lawyers can do for you is figure out whether you have a claim and what your options are moving forward. We can also discuss openly what has been holding you back from making a claim and what your concerns might be.
This page is to provide you with information on birth injury lawsuits in Maryland. But it is also a job interview. If your child has suffered an injury during labor and delivery, our birth injury lawyers want to help you. Call our birth injury attorneys at or get more information about your case online.
- A closer look at the settlement value of birth injury cases
- Birth injury questions frequently asked by parents
- Financial help for parents in the Baltimore-Washington Area
Common Types of Birth Injuries
| Injury Type | Cause | Potential Outcome |
|---|---|---|
| Cerebral Palsy | Brain damage during pregnancy or delivery | Motor disability, coordination issues |
| HIE (Hypoxic-Ischemic Encephalopathy) | Oxygen deprivation at birth | Brain damage, CP, fatality |
| Failure to Perform C-Section | Delay in emergency delivery | Brain injury, organ failure |
| Forceps Errors | Improper use of forceps | Brain bleeds, oxygen loss |
| Ignoring Fetal Monitor | Failure to act on heart rate issues | Hypoxia, brain damage |
| Prolapsed Umbilical Cord | Cord restricts oxygen during delivery | Brain damage, CP, death |
| Vacuum Errors | Incorrect use of vacuum extraction | Brain injury, skull fractures |
| Erb’s Palsy | Brachial plexus nerve damage | Arm paralysis |
Birth injuries can vary widely in severity and impact, ranging from minor issues that resolve quickly to lifelong conditions requiring ongoing care. These injuries often occur due to medical negligence during labor and delivery, and in many cases, these are preventable birth injuries had there been proper care.
Cerebral Palsy
This umbrella term refers to a group of related disorders in which the brain is not able to control the normal movement and coordination of the muscles in the body. Cerebral palsy is caused by damage to the developing brain during pregnancy or childbirth. Cerebral palsy can happen in the absence of a doctor’s medical negligence. But far too often, CP is caused by mistakes or medical negligence during delivery.
HIE (Hypoxic-Ischemic Encephalopathy)
HIE is a highly harmful and potentially fatal neurologic birth injury. HIE is caused by complications or trauma during the delivery process, which results in a significant interruption of blood and oxygen supply.
When a baby may not be getting enough oxygen, it is an obstetrical emergency that often requires immediate delivery of the child. Otherwise, oxygen deprivation may trigger permanent damage to brain cells, often leading to cerebral palsy, damage to the white matter in the child’s brain, or other birth injuries.
Failure to Order a Cesarean Section
There are situations where a C-section is not just an option but a medical necessity. In fact, courts have even ordered surgical delivery in rare cases where a mother refused one, underscoring how critical the stakes can be.
When a baby’s heart rate plummets, the umbilical cord is wrapped tightly around the neck, or a placental abruption occurs, immediate surgical intervention is often the only way to prevent serious harm. Delays in performing a C-section during these emergencies can lead to oxygen deprivation, causing permanent damage to the brain and other organs. In many of these cases, the question is not whether a C-section was needed, but why it was not performed sooner.
Forceps Errors
Sometimes, forceps are necessary when labor stalls or the baby is poorly positioned, preventing safe progress through the birth canal. When used correctly, forceps can assist with a safe delivery. Skilled doctors rely on them in the right situations to avoid further complications.
But forceps carry real risks. Like vacuum extractors, they are linked to higher chances of birth injury. The most serious concerns include oxygen deprivation and brain bleeding, which can lead to cerebral palsy and other long-term conditions. The issue is not the tool itself, but how it is used. When doctors apply too much force, use poor technique, or delay a needed cesarean, the risk to the baby and mother rises sharply. This is where many malpractice cases begin.
Ignoring the Fetal Heart Monitor
The fetal heart monitor issue always circles back to the same core problem: oxygen deprivation. At this stage of life, nothing matters more to a developing baby than a steady, reliable flow of oxygen to the brain. And yet, time and again, we see cases where clear signs of distress on the monitor are ignored or downplayed.
Medical literature leaves no room for doubt. Certain fetal heart rate patterns strongly suggest metabolic acidosis and a high risk of brain injury. These are not subtle warnings. They are bright red flags. When those signals show up and the team fails to act, whether by delaying delivery, missing the pattern, or misreading the tracing, the consequences can be devastating. Cerebral palsy. Permanent brain damage. Lifelong impairments that were entirely preventable if someone had moved faster.
Failure to Detect Prolapsed Umbilical Cord
This is when the umbilical cord is wrapped around the infant’s neck or head, which can stop the flow of blood and oxygen to the brain. The problems here are a failure to detect the problem and failing to perform a C-section quickly to protect the child.
When cord prolapse is suspected, an emergency Cesarean section is usually warranted, and manual attempts to relieve umbilical cord compression must be undertaken.
Vacuum Errors
Malpractice cases involving vacuum extraction often mirror those involving forceps. When labor stalls and the baby is not descending, concern is appropriate. But what happens next separates safe outcomes from catastrophic ones. A vacuum extractor can be an effective tool to assist delivery, but only if used correctly and under the right conditions.
The problem arises when doctors panic or push forward without proper technique. Too often, vacuum deliveries are attempted by providers who lack training or use the device beyond its safe limits. Excessive force, multiple pop-offs, or prolonged attempts can all increase the risk of serious injury. And when the vacuum device itself is defective, the danger multiplies. The result can be skull fractures, brain bleeds, or death—injuries that are entirely avoidable when basic standards of care are followed.
Erb’s Palsy
This common birth injury leaves children with full or partial paralysis in one arm. Erb’s palsy results from damage to the brachial plexus nerves in the shoulder, which control the movement of the arm.
These essential nerves frequently get injured from stretching and tearing during a difficult vaginal delivery. The critical thing for obstetricians, when there is trouble with delivery, is to avoid excessive fundal pressure or perform a C-section.
What Are My Chances of Winning a Birth Injury Lawsuit in Maryland?
If you have a potential birth injury claim, you want to know how much compensation you can recover if you take legal action. Let’s start with the statistics. Nationally, plaintiffs win approximately 29% of birth injury cases at trial. Maryland, based on our birth injury lawyers’ experiences and looking to follow the verdicts in these cases, is probably higher. These statistics are also much higher in Baltimore in Prince George’s County than in the rest of Maryland.
This might sound like a low number, but, statistically, it has a high relative success rate. Only 21% of verdicts in all medical malpractice cases nationally end in a plaintiff’s verdict.
What does this tell us about your case? Nothing. What is not included in these statistics is the number of viable delivery error cases that reach an out-of-court settlement. There is no statistical data on this. But the answer is a lot. Ultimately, most birth injury healthcare provider negligence claims that go to trial are complex cases for the plaintiff because the evidence is not there.
A great deal is at stake in these cases. This usually leads the doctor, hospital, or insurance company to offer a fair settlement amount to settle birth injury lawsuits before trial. So if you have a good labor and delivery case, it is unlikely that you will ever see the inside of a courtroom.
How Long Can I Wait Before Filing a Birth Injury Lawsuit?
Our law firm is in Maryland, but we handle birth injury cases nationwide. The statute of limitations in birth injury cases varies. It is usually different for parents and their claims than for the child’s. In most states, the statute of limitations on birth injury malpractice lawsuits is two or three years from the date the birth injury is discovered for the parents, but the deadline is more extended for the child.
Maryland birth injury law is more generous to children. In Maryland, the statute of limitations generally allows a child to bring a claim anytime before the child turns 21, in most cases. But parents have over three years to make a claim (although there are exceptions to this rule and questions about how a court would interpret this law).
How Do I Know If My Baby’s Birth Injury Was Caused By Medical Malpractice?
When you find out your baby has suffered a birth injury, there is no immediate way of knowing whether it was caused by medical negligence. The doctors are not going to admit that they made a mistake.
A high percentage of birth injuries are directly linked to some medical negligence. If you suspect your child’s birth injury may have been avoidable, consult a Maryland birth injury attorney. For most parents, this is the only path to discovering what happened to their child.
What Are The Most Common Types of Birth Injury Malpractice?
Medical malpractice resulting in a birth injury can occur in an infinite number of ways, but there are specific categories of medical negligence that result in birth injuries:
- C-Section Malpractice: failure to perform or unreasonable delay in C-section
- Forceps Malpractice: unskilled or negligent use of obstetric forceps during delivery.
- Failure to Monitor: failure to watch fetal monitoring devices for signs that the baby is under stress.
- Vacuum Extraction Malpractice: unskilled or negligent use of a vacuum pump extractor to deliver the baby.
Birth Injury Stories and Their Litigation Outcomes
The settlement amounts in individual birth injury cases in Maryland can be challenging to ascertain until a lawsuit has been filed and discovery has been completed. Naturally, parents want to know what kind of financial compensation their child and their family can expect if their child has a permanent disability.
Below, our birth injury attorneys have gathered plaintiffs’ verdicts and settlements for specific types of birth injury cases. This will not help you ascertain the exact monetary value of your child’s claim, but it does give you a better idea of the potential ranges for successful claims.
- Brachial plexus
- Bradycardia and fetal distress
- Brain Bleeds
- Brain Ischemia
- Caput succedaneum
- Cephalopelvic disproportion
- Cerebral palsy
- Erb’s palsy
- Fetal macrosomia
- Forceps errors
- Herpes encephalitis
- Hypoglycemia
- Hypotonia
- Intrauterine growth restriction (IUGR or FGR)
- Kernicterus
- HIE
- Meconium
- Periventricular leukomalacia (PVL)
- Pitocin misuse
- Placental abruption
- Preeclampsia
- Uterine rupture
Birth Injury Frequently Asked Questions
If you suspect that your child’s birth injury may have been the result of a mistake by the doctors, you will need to decide whether to pursue legal action. Below are responses to some frequently asked questions from our skilled birth injury lawyer in Baltimore.
What Is the Difference Between Birth Injuries and Birth Defects?
Birth defects are conditions that your baby inherits through genetics. A birth injury is a condition that is caused by something that happens during labor and delivery that causes trauma to the baby. From a birth injury litigation standpoint, you cannot sue for birth defects. But you often can sue for birth injuries during pregnancy or labor and delivery.
How Do I Know If My Baby’s Birth Injury Was Caused by Medical Negligence?
This can often be a difficult question to answer. Don’t expect the doctors or hospital staff to come forward and say, “Sorry, but we made a mistake and may have injured your baby during delivery.” That is very rarely going to happen. In fact, sometimes you might take your baby home from the hospital without even realizing that an injury occurred during delivery. It may take weeks or months for the signs of the injury and resulting condition to become apparent.
In any event, once you know for sure that your baby was injured during delivery, you still probably won’t be sure if the doctors or staff are at fault. The reality is that in most cases, you will need to take the first step towards a birth injury lawsuit before you actually know for sure if medical negligence occurred.
If you reasonably suspect that the doctors made a mistake or were negligent in any way, you should go ahead and consult with a birth injury attorney. A birth injury lawyer can investigate your case and help determine whether medical negligence may have occurred. The consultation won’t cost you anything either way.
How Long Can I Wait Before Deciding to Take Legal Action for a Birth Injury?
Once you suspect that your child’s birth injury may have been caused by medical negligence, the clock starts running on your deadline to file a lawsuit. Every state has a statute of limitations that requires lawsuits for birth injuries (and other malpractice cases) to be filed within a certain time frame.
In most states, the limitation period for filing medical malpractice cases is either 2 years or 3 years. The period typically starts to run when you know or should reasonably know that you may have a malpractice claim that would trigger further investigation. Most typically, this is the date the child is born.
The exact date when the statute of limitations period begins can be a complex legal issue so you should consult with an attorney before making any assumptions. If you don’t file your medical malpractice claim before the limitation period expires, you will be legally barred from filing it.
You may have been told or heard that you have additional time to file on behalf of a minor. But the parents also have claims in birth injury cases, and their statute of limitations may be much shorter.
What Is the First Step in a Birth Injury Lawsuit?
If you are seriously thinking about a birth injury lawsuit, your first step in that process should always be a consultation with a birth injury attorney. An experienced birth injury attorney can tell you whether or not you might have a valid case. Then, your attorney can collect and review all of the required medical records and send them out to an expert witness (another doctor) for a formal opinion.
How Long Do Birth Injury Lawsuits Take?
Not surprisingly, there is no universal answer to this question because it all depends on the circumstances of your individual case and how things play out. Some cases might settle very quickly before a lawsuit is even filed. The time frame for these types of quick settlement cases can be as short as 4-8 months. If your case does not settle right away, your birth injury lawyers will file a lawsuit in court. Once a case reaches that point, it will probably not settle until after the pre-trial discovery process. Depending on the complexity of the case, the discovery phase can last anywhere from 6 months to over a year. If the case actually goes to trial, it could easily take another year before the trial gets scheduled and completed.
Can I Sue for Emotional Distress in a Birth Injury Case?
In many birth injury cases, the emotional impact on parents can be profound. If you or your spouse has suffered significant emotional distress due to a birth injury to your child, you may be eligible to sue for emotional damages. This can include compensation for mental anguish, depression, and anxiety resulting from the traumatic experience of a birth injury.
The rules for such claims vary by state, so it’s essential to discuss your specific situation with a qualified birth injury attorney who can advise you based on your jurisdiction. The one thing that families sometimes find it hard to understand is that that best way to focus on maximizing the settlement amount of a birth injury lawsuit is to put the focus on the future costs, which can quickly come to tens of million of dollars. Juries are more eager to award these damages than the awful emotional suffering of the parent and the child. It does not mean you do not make these claims. We are talking about the focus for settlement and, if necessary, at trial.
Maryland Birth Injury Lawsuit Settlement Amounts
The chart below shows some of the major Maryland birth injury verdicts and settlements over the last five years:
| Year | Case / Location | Type | Amount | Summary |
|---|---|---|---|---|
| 2024 | Baltimore County – Placental Abruption | Verdict | $33.9M | OB/GYN failed to recognize abruption symptoms. Emergency C-section at 23 weeks led to brain damage. The jury returned one of the most significant recent awards. |
| 2024 | Baltimore County – Unnecessary C-section | Verdict | $34M | Plaintiffs alleged that the C-section was premature and lacked informed consent. The child suffered a permanent neurological injury. |
| 2023 | Baltimore – Hopkins Bayview – Cerebral Palsy | Verdict (Appealed) | $229.6M → Overturned | The infant suffered cerebral palsy and microcephaly. The jury awarded a record-setting verdict, which the appellate court later overturned due to factual inconsistencies regarding informed consent. |
| 2022 | Harford County – Delayed Claim | Verdict | $13.3M | Filed nearly 20 years post-birth under the minority tolling rule. The jury agreed the hospital delivery team was negligent. Verdict reinforced statute-of-limitations exceptions for birth injuries. |
| 2021 | Baltimore – Harbor Hospital | Verdict | $21M | Hospital staff failed to act on fetal distress signs. The infant suffered severe brain damage. The jury held both physicians and the facility accountable. |
Why have we not listed the birth injury settlements our firm has won for our clients? If we settle a birth injury case, we post the settlement amount on our website, but we cannot disclose the details of the settlement that trace back to the defendant. The birth injury cases we settle are all confidential settlements. This means that as part of the agreement, we are legally prohibited from disclosing the amount or specific terms of the settlement.
Defendants know our law firm has the strongest online presence in Maryland, so they really drill down to language with us. But almost all hospitals and insurance companies require confidentiality to protect their reputations and avoid setting public benchmarks for future cases. That is why we cannot publish the specific settlement amounts from the birth injury cases our firm has resolved.
More generally, birth injury cases consistently result in significantly higher compensation than most other medical malpractice claims, reflecting both the severity of harm and the need for lifelong care. According to one medical malpractice insurer, the average payout in birth injury claims is approximately $936,843, and when adjusted for inflation, that figure edges closer to $1.4 million.
For cases resolved through settlement rather than trial, average payouts typically range from $420,500 to $510,000, with the median settlement slightly lower. When these cases proceed to a verdict, awards are considerably higher, with jury awards often averaging between $4 million and $8 million, and some verdicts reaching tens of millions, and even hundreds of millions.
Our Maryland Birth Injury Lawyers Can Help You
Birth injuries are not always the result of a medical mistake. Sometimes, bad things happen to good people. But, sometimes, far too often, a healthcare provider’s mistake causes severe injuries to the newborn.
The stakes in childbirth injury cases are incredibly high. There is no damage cap on the recoverable economic damages for past and future medical bills and the cost of maintaining the child for the remainder of the child’s. Because the financial burden is so high, damages are often measured in tens of millions of dollars.
How does the birth injury claim process work in labor and delivery malpractice cases? We start with a free consultation. Then our attorneys collect all relevant medical records related to the pregnancy, delivery, and postnatal care. Our birth injury medical experts review these records with us to determine whether the doctors and nurses breached the standard of care.
If the answer is yes, our Maryland birth injury attorneys consult with additional experts to assist in calculating the damages over the child’s lifetime. At this point, we often send out a settlement demand letter to the doctor, nurse, or hospital. But the reality is most childbirth injury cases require a lawsuit. Again, medical malpractice lawsuits rarely go to trial because a settlement is usually reached. However, there is a real fight to reach that point.
Contact Our Baltimore Birth Injury Attorney Today
Labor and delivery lawsuits are complex. The Maryland birth injury lawyer you hire matters. Many people are looking for a “birth injury near me.” What you really want is the best birth injury lawyer you can find. Because you need a skilled attorney to fight for you, if you want to investigate your potential claim, our legal team will discuss your case with you at no charge so you can learn more about what you are facing.
Call a Maryland birth injury malpractice lawyer at 800-553-8082 today or get a free online consultation.
- Birth injury lawsuits in Maryland (an overview of the process of bringing claims for mistakes made during delivery)
- An example of a childbirth injury case filed by Miller & Zois
- Malpractice during pregnancy that causes birth injuries
- Sample cerebral palsy lawsuit