Practice Area

Birth Injuries

Maryland, DC, and Virginia Birth Injury Attorneys, Serving Clients Nationwide

Shulman Rogers represents families whose children were harmed by medical negligence during pregnancy, labor, or delivery, across Maryland, DC, Virginia, and the country. When a birth injury happens, families are often caring for a child with lifelong needs while trying to understand what went wrong. We investigate what happened, secure the full medical record before anything can be altered, and build a case that accounts for the full scope of what a family will need for years to come. We handle every birth injury matter in-house.

We handle every case ourselves. No referrals, no outsourcing.

When a Birth Injury Happens, the Medical Record Tells the Story, If It’s Preserved

Birth injury cases turn on what happened in a matter of minutes, sometimes seconds, during labor and delivery. Fetal heart rate monitoring strips, nursing notes, physician orders, and timing records all matter, and they need to be reviewed by people who understand both the medicine and how these records get created in a real labor and delivery unit.

From the moment you call us, we begin securing the complete labor and delivery record, including fetal monitoring strips, and we bring in qualified medical experts, including maternal fetal medicine specialists, neonatologists, and obstetricians, to evaluate whether the standard of care was met.

Why Birth Injury Cases Require Different Legal Experience

The timeline is everything. Many birth injuries result from a delay, whether in recognizing fetal distress, deciding to perform a cesarean section, or responding to a complication during delivery. Reconstructing the exact timeline from fetal monitoring strips and nursing notes is often the difference between a case that succeeds and one that does not.

More than one provider is usually involved. Obstetricians, labor and delivery nurses, anesthesiologists, and the hospital itself can each carry independent responsibility. A delayed response to fetal distress might involve a nursing failure to escalate concerns, a physician’s delayed decision to intervene, or both.

The statute of limitations works differently for children, and the specifics depend on the state. Because the injured party is a child, the deadline to file generally does not run the same way it would for an adult claim. In Maryland, the clock generally does not start until the child turns 18. DC and Virginia have their own rules for minors. Regardless of which state’s law applies, the practical need to preserve evidence, especially fetal monitoring data, is immediate.

The lifetime cost has to be calculated correctly. Serious birth injuries, including cerebral palsy and other conditions caused by oxygen deprivation, often require a lifetime of medical care, therapy, and support. A case has to account for costs that will be incurred decades into the future, not just the immediate medical bills.

What We Do From Day One

  • Secure the complete labor and delivery record: Fetal monitoring strips, nursing notes, physician orders, and delivery room records before anything can be lost or altered
  • Consult qualified medical experts: Obstetricians, maternal fetal medicine specialists, and neonatologists evaluate the standard of care and causation
  • Meet the jurisdiction’s expert certification requirement: In Maryland, that means a Certificate of a Qualified Expert within a 90 day window. DC and Virginia have comparable requirements, and we track and meet whichever deadlines apply
  • Identify every provider involved: Obstetricians, nurses, anesthesiologists, and the hospital each reviewed for their role in the outcome
  • Document the full scope of the child’s needs: Current diagnosis, prognosis, and projected lifetime cost of care, therapy, and support
  • Coordinate with life care planners: Build a complete picture of what the child will need through adulthood

Common Types of Birth Injuries We Handle

  • Cerebral palsy caused by oxygen deprivation during labor or delivery
  • Brachial plexus injuries, including Erb’s palsy, from improper delivery technique
  • Hypoxic ischemic encephalopathy from delayed response to fetal distress
  • Fractures and nerve damage from improper use of forceps or vacuum extraction
  • Failure to timely perform a necessary cesarean section
  • Failure to diagnose and treat maternal conditions such as preeclampsia
  • Infant infections not properly diagnosed or treated after delivery
  • Injuries from medication errors during labor, including improper use of Pitocin

Injuries and Harm We Handle

  • Cerebral palsy and other permanent neurological conditions
  • Brachial plexus injury and nerve damage
  • Developmental delays and cognitive impairment
  • Seizure disorders
  • Wrongful death

These cases take attorneys who understand both the medicine of labor and delivery and what a family will actually need to care for a child for the rest of their life.

Geographic Areas We Serve

Our birth injury attorneys represent families throughout Montgomery County, Prince George’s County, Howard County, Frederick County, Anne Arundel County, and Baltimore in Maryland, all DC neighborhoods, and Fairfax County, Arlington, Alexandria, Loudoun County, and Prince William County in Virginia. We also evaluate birth injury matters nationwide, including cases involving military hospitals or other federal facilities.

Past results do not guarantee future outcomes. The information on this page is for general informational purposes only and does not constitute legal advice. Shulman Rogers is licensed to practice law in Maryland, Washington DC, and Virginia. National representation is available for select matter types.

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Results

Settlement
$2.95m
U.S. Army in a Federal Tort Claims Act (FTCA) Case
Settlement
$5m
Birth Injury Victim

Birth Injuries FAQs

Glossary

Key Terms in Birth Injury Cases

Fetal heart rate monitoring: Continuous tracking of the baby’s heart rate during labor, used to detect signs of fetal distress. The printed or electronic record of this monitoring is often central evidence in a birth injury case.

Hypoxic ischemic encephalopathy (HIE): Brain injury caused by a lack of oxygen and blood flow to the baby’s brain during labor or delivery.

Cerebral palsy: A group of permanent movement and posture disorders, sometimes caused by oxygen deprivation or other injury to the developing brain around the time of birth.

Brachial plexus injury: Damage to the network of nerves that runs from the spine to the shoulder, arm, and hand, often caused by excessive pulling or improper technique during a difficult delivery.

Certificate of a Qualified Expert: A filing required in Maryland, due within 90 days of a malpractice claim, confirming a breach of the standard of care. DC and Virginia require their own equivalent expert certifications.