Birth Injury Attorney in Prince George’s County

Medical Concerns That May Warrant Legal Review

These cases can involve conditions affecting a child’s brain, movement, nerves, or physical development. The legal question goes beyond the diagnosis to whether a departure from the standard of care caused or contributed to the condition.

Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy, often called HIE, is a brain injury caused by reduced oxygen or blood flow around the time of birth. A review may consider fetal monitoring data and the response to signs of fetal distress. Delivery timing and the newborn’s condition immediately after birth may also be relevant.

Cerebral Palsy

Cerebral palsy is a group of disorders affecting movement, muscle tone, or posture. It can result from injury to a developing brain, but its presence doesn’t by itself prove medical negligence. Medical evidence is needed to evaluate its cause and any connection to care provided before, during, or shortly after delivery.

Erb’s Palsy & Other Physical Injuries

Erb’s palsy is a brachial plexus injury affecting the nerves that control the shoulder, arm, and hand. Fractures, spinal cord trauma, and kernicterus, a form of brain damage associated with severe untreated jaundice, may also warrant review in connection with childbirth or newborn care.

Potential care concerns include a delayed response to fetal distress, medication errors, failure to identify maternal or fetal complications, and improper delivery techniques. These concerns don’t automatically establish liability, but they can identify medical decisions and records that require closer examination.

Maryland Filing Deadlines & Medical Malpractice Damages

Maryland Courts and Judicial Proceedings Section 5-109 generally requires a medical malpractice action to be filed by the earlier of five years from the date the injury was committed or three years from the date the injury was discovered. The deadline for a particular case can depend on the injured person’s age, delayed discovery, the parties bringing the action, and the type of claim asserted. Parents shouldn’t assume that the same deadline applies to every claim arising from a child’s injury.

Maryland applies a noneconomic damages cap to medical malpractice cases. For a cause of action arising in 2026, the cap is $920,000, and it increases by $15,000 each January 1. In a wrongful death medical malpractice case with two or more beneficiaries, the 2026 noneconomic damages cap is $1,150,000.

Maryland doesn’t cap economic damages such as qualifying medical expenses and lost earnings in medical malpractice cases. Because filing and damages rules depend on specific facts, prompt legal review can help a family identify which deadlines and limits govern its potential claims.

How Birth Injury Lawsuits Proceed in Prince George’s County

A case commonly begins with a review of the child’s medical history, pregnancy records, childbirth records, and the family’s account of events. It may then progress through investigation, claim preparation, evidence exchange, settlement discussions, and trial if it doesn’t resolve.

The Circuit Court for Prince George’s County is part of Maryland’s Seventh Judicial Circuit. It has exclusive original jurisdiction over civil jury trials, including birth injury and medical malpractice lawsuits tried before a jury.

UM Capital Region Medical Center provides labor and delivery and maternal-fetal medicine services through UM Capital Region Health in Prince George’s County. When care from any hospital or provider is at issue, the relevant medical records and treatment decisions must be assessed in the context of the child’s condition and the applicable medical requirements.