Birth Injuries in Maryland
Average Settlement: $1,000,000 - $5,000,000 | Statute: 3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
About Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
Maryland Medical Malpractice Laws
Statute of Limitations
3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
Damage Cap
Approximately $890,000 non-economic damages (increases by $15,000 each year; applies per claim regardless of number of defendants)
Discovery Rule
Maryland applies the discovery rule, beginning the statute when the patient discovers or should have discovered the injury, subject to the 5-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a certificate of qualified expert and an expert report within 90 days of filing the complaint.
Common Examples of Birth Injuries
- •Failure to monitor fetal heart rate and respond to signs of fetal distress
- •Delayed or improperly performed emergency cesarean section
- •Excessive use of force with vacuum extractors or forceps during delivery
- •Failure to diagnose and treat maternal infections during pregnancy
- •Improper administration of labor-inducing drugs such as Pitocin
- •Failure to identify and manage umbilical cord complications
- •Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- ✓Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- ✓Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- ✓Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- ✓Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- ✓Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- ✓Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
- ✓Maryland's non-economic damages cap increases by $15,000 each year and applies per claim, not per defendant.
- ✓A certificate of qualified expert and an expert report must be filed within 90 days of filing the complaint.
- ✓Maryland follows a contributory negligence standard — any fault on the plaintiff's part may bar recovery entirely.
- ✓Claims must be filed with the Health Claims Alternative Dispute Resolution Office before proceeding to circuit court.
- ✓Punitive damages require actual malice or conduct so egregious as to amount to malice.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Maryland.