A birth injury at University of Maryland Medical Center in Baltimore, MD can leave families overwhelmed, frightened, and unsure of what to do next. Whether the injury was discovered in the delivery room or days later, understanding your general options is the first step toward protecting your child.
This article explains how birth injury claims generally work in Maryland, what makes hospital cases like this one more complex, and how you can connect with a local medical malpractice attorney for a free case review.
What Is a Birth Injury and How Does It Differ from a Birth Defect?
A birth injury is harm caused to a baby during labor, delivery, or the immediate newborn period due to medical error or substandard care — not a condition the child was born with. This distinction matters greatly in a legal claim.
Birth defects typically arise from genetic factors or conditions that develop during pregnancy. Birth injuries, by contrast, often involve preventable events: delayed C-sections, improper use of delivery tools, failure to monitor fetal distress, or medication errors.
Common examples of birth injuries that may give rise to a legal claim include:
- Brachial plexus injuries or Erb's palsy from excessive pulling during delivery
- Hypoxic-ischemic encephalopathy (brain damage from oxygen deprivation)
- Cerebral palsy linked to delivery complications
- Skull fractures or nerve damage from forceps or vacuum use
- Spinal cord injuries from mishandled delivery
Does It Matter That the Injury Happened at a University Hospital?
Yes — the fact that University of Maryland Medical Center is a state-affiliated academic medical institution can add legal complexity to a birth injury claim in Baltimore, MD. Suing a state entity in Maryland may involve different procedural rules than suing a private hospital.
In many cases involving state-affiliated institutions, there are specific notice requirements and caps on damages that differ from standard personal injury claims. An attorney familiar with Maryland medical malpractice law can confirm which rules apply to your specific situation.
This is one reason why getting legal advice early matters — missing a procedural step or deadline can affect your ability to pursue a claim at all.
What Does a Birth Injury Claim in Maryland Generally Require?
In Maryland, a medical malpractice claim generally requires proving that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused the injury. This applies to birth injury cases just as it does to other malpractice claims.
There are typically four elements an attorney will look at:
- Duty — the medical team owed your baby a duty of care
- Breach — they failed to meet the accepted medical standard
- Causation — that failure directly caused the injury
- Damages — the injury resulted in measurable harm
Maryland also generally requires that a certificate of a qualified medical expert be filed with a malpractice claim. An attorney can explain what that process looks like and how it applies to your case.
How Long Do You Have to File a Birth Injury Claim in Maryland?
Maryland's statute of limitations for medical malpractice claims is generally 5 years from the date of the injury, or 3 years from when the injury was discovered — whichever comes first. However, birth injury cases involving minors often follow different rules.
In many states, including Maryland, the clock for a minor's claim may not begin running until the child reaches a certain age. This means families sometimes have more time than they initially think — but waiting too long can still put a claim at risk.
Because these deadlines are fact-specific and can be affected by the state-affiliated nature of the hospital, an attorney can confirm the rules that apply to your case in Baltimore, MD.
What Types of Damages Can Families Pursue in a Birth Injury Case?
Families affected by a birth injury at University of Maryland Medical Center may be able to pursue several categories of compensation, though no outcome can be guaranteed.
Damages in these cases often include:
- Past and future medical expenses, including rehabilitation and specialized care
- Costs of ongoing therapy, assistive equipment, or home modifications
- Lost earning capacity for the child later in life
- Pain and suffering for the child and, in some cases, the parents
Maryland does have caps on non-economic damages in medical malpractice cases, which an attorney can explain in the context of your specific situation. The amounts vary and change over time.
What Should Families Do Immediately After a Birth Injury?
The most important thing to do after a suspected birth injury is to document everything and speak with a qualified attorney as soon as possible. Evidence can be harder to preserve the longer you wait.
There are 4 practical steps families in Baltimore, MD should consider taking right away:
- Request complete copies of all medical records — prenatal, labor, delivery, and newborn records
- Write down everything you remember about what happened, including conversations with staff
- Avoid signing any releases or settlement documents without speaking to a lawyer first
- Consult a Maryland medical malpractice attorney who handles birth injury cases
Frequently Asked Questions About Birth Injuries at UMMC
These are some of the questions families in Baltimore, MD most often ask after a birth injury at University of Maryland Medical Center.
Can I sue University of Maryland Medical Center for a birth injury?
In many cases, yes — families can pursue a claim against a state-affiliated hospital in Maryland, though specific procedural rules and notice requirements may apply. An attorney can review your situation and confirm what steps are required.
What if my child's injury was not discovered until months later?
Maryland law may allow additional time when an injury is discovered after the fact, particularly for minors. The specific deadline depends on the circumstances, so consulting an attorney quickly is still strongly advised.
Do I need a medical expert to file a birth injury claim in Maryland?
Yes, Maryland generally requires a certificate from a qualified medical expert attesting that the standard of care was breached. Your attorney typically helps identify and retain that expert as part of the legal process.
How much does it cost to hire a birth injury lawyer?
Most medical malpractice attorneys in Maryland handle birth injury cases on a contingency fee basis, meaning you pay no upfront fees and the lawyer is only paid if your case results in a recovery. An attorney can confirm their specific fee arrangement.
If your child suffered a birth injury at University of Maryland Medical Center in Baltimore, MD, you don't have to figure this out alone. FindCounselNow can connect you with an independent, licensed medical malpractice attorney in your area for a free case review — at no cost and no obligation to you.