Baltimore Birth Injury Lawyers

If your baby was harmed during labor, delivery or newborn care in Baltimore, Maryland law may allow a malpractice claim. As founding partner Charles Gilman explains, that claim must start at a state screening office and meet separate deadlines for the child and the parents.

What to do now:

1. Request the complete records. Ask for the full labor, delivery and NICU chart, including the fetal monitoring strips.
2. Write down what you remember. Note what staff said and when anyone called for help or a C-section.
3. Check the parents' deadline. Your claim for your child's medical bills does not wait until age 18. It generally runs 3 years from discovery or 5 years from the injury, whichever comes first.

Our firm, founded by Charles Gilman and Briggs Bedigian, won the $182 million birth injury verdict against the University of Pennsylvania (Hagans v. Hospital of the University of Pennsylvania), the largest medical malpractice verdict in Pennsylvania history.

Call (800) 529-6162.

Key Takeaways

• In Maryland, a birth injury malpractice claim worth more than the District Court's concurrent-jurisdiction limit must be filed first with the Health Care Alternative Dispute Resolution Office (HCADRO), not in court (Md. Code, Cts. & Jud. Proc. § 3-2A-02(a); § 3-2A-04(a)).
• A Certificate of Qualified Expert, with the expert's report attached, is due within 90 days of filing the claim. Without it, the claim is dismissed without prejudice, though extensions and one refiling are available (§ 3-2A-04(b)).
• The deadline for a child's own claim is measured from the child's 18th birthday. The parents' claim for the child's medical expenses before age 18 is not paused for the child's age.
• Maryland caps non-economic damages in malpractice cases based on the year the cause of action arose: $905,000 for 2025 and $920,000 for 2026 (§ 3-2A-09). Economic losses, such as lifetime care, are measured separately.
• Maryland keeps contributory negligence. In a malpractice case, though, the defense reaches the jury only when the patient did not follow, or unreasonably delayed following, a treating provider's instructions.

Why Does Timing Matter So Much in a Maryland Birth Injury Claim?

A birth injury claim is rarely about one hospital bill. It is about how your child will be cared for over a lifetime, and who will pay for it.

What the claim decides for your family

For a child with a serious brain or nerve injury, the claim may need to cover therapies, specialists, equipment, home and vehicle changes, special education and attendant care. It may also need to cover the earnings your child may never be able to make. Parents often carry those costs first, sometimes while one of them leaves work to become a full-time caregiver.

In Maryland, the parents' claim for their child's medical expenses before age 18 is not paused for the child's age, even though the child's own claim is. Many families learn this too late. They hear "you have until your child is an adult" and assume it applies to everyone. It does not.

What delay can cost

Waiting can cost a family in three practical ways:

1. Deadlines. The parents' expense claim generally follows Maryland's standard malpractice deadline. If a baby died, the wrongful death claim generally must be filed within 3 years of the death (Md. Code, Cts. & Jud. Proc. § 3-904).
2. Expert time. Maryland requires a qualified expert's certificate and report within 90 days of filing. That review has to happen before the deadline, not after it.
3. Evidence. Monitoring strips, nursing flowsheets and electronic audit trails are the backbone of these cases. Memories of who said what in the delivery room also fade.

None of this means you must file tomorrow. It does mean the investigation should start while there is room to do it carefully.

If you are unsure which deadline applies to your family, call (800) 529-6162. It helps to have your child's birth date, the date of diagnosis and any records you already hold.

How We Evaluate a Maryland Birth Injury Claim, Step by Step

Birth injury cases turn on the records and on expert review, so we start by understanding exactly what happened before deciding whether a claim exists. When we accept a case, we gather records, consult appropriate experts, identify the responsible parties and document the full impact of the injury on the child and the family.

Charles Gilman leads this work. He is admitted in Maryland state and federal courts, was named a Super Lawyer from 2015 to 2022 and a Super Lawyers Rising Star from 2009 to 2014, and is a member of the Maryland Association for Justice President's Club. At the request of his peers, he has lectured on the use of expert witnesses at trial. That skill matters here, because almost every step below depends on choosing and qualifying the right experts.

Our approach follows six steps.

Step 1: Sort the claims and their deadlines

One birth injury can produce several claims, and each has its own clock. In Maryland, the child's own malpractice claim is measured from the child's 18th birthday. The parents' claim for the child's medical expenses before 18 is not paused. A wrongful death claim generally runs three years from the death.

• Decision point: If the parents' expense claim or a wrongful death claim is near its deadline, the case moves on an accelerated track. If only the child's claim is at issue, there is more room for a thorough investigation before filing.
• Documents we look for: your child's birth and diagnosis dates, records showing when the injury was first identified, a death certificate if applicable, and bills or insurance statements for care already received.

Step 2: Rebuild the labor and delivery timeline

Liability usually depends on what the care team knew and when they knew it. We place fetal heart tracings, nursing notes, medication orders and physician entries on a single timeline. Electronic audit trails can show when entries were actually made, not just the time typed on the note.

Standard of care is the level of care a reasonably careful provider in the same profession, with similar training, would give in the same or similar communities. Under Md. Code, Cts. & Jud. Proc. § 3-2A-02(c), an obstetrician is measured against obstetricians, a labor nurse against labor nurses, and a midwife against midwives.

• Decision point: Clear gaps, such as unaddressed warning signs or a delayed delivery decision, focus the case on specific providers. A defensible timeline may redirect the inquiry toward prenatal or NICU care, or lead to an honest conclusion that no claim exists.
• Documents we look for: complete prenatal and labor and delivery records, electronic fetal monitoring strips, nursing flowsheets, the EHR audit trail, and operative or delivery notes.

Step 3: Test causation the way the defense will

Hospitals often argue that a child's injury came from infection, genetics, earlier prenatal events or placental problems that nothing in labor could have prevented. Sometimes they are right. Our job is to find out before a jury does.

A cord blood gas is a lab test of blood from the umbilical cord at birth. It shows how much oxygen the baby had and how acidic the blood was, which helps experts judge whether oxygen deprivation happened around delivery. Apgar scores, placental pathology and the pattern on a newborn brain MRI add to that timing picture.

Key insight: Some of our trial attorneys previously represented corporations, insurance companies and a health system before joining the firm. That background helps us anticipate alternative-cause arguments early instead of meeting them for the first time at deposition.

• Decision point: If the timing evidence points to labor and delivery, the case can move toward expert certification. If it points elsewhere, the investigation narrows to the care that overlapped with the injury, or the case may not be pursued.
• Documents we look for: cord blood gas results, the placental pathology report, neonatal MRI and imaging reports, and NICU and neurology records.

Step 4: Qualify the experts and open the claim

Maryland malpractice claims of this size begin at the Health Care Alternative Dispute Resolution Office. A Certificate of Qualified Expert is a sworn statement from a qualifying health care expert that the defendant broke the standard of care and that the breach caused the injury. Under Md. Code, Cts. & Jud. Proc. § 3-2A-04(b), it is due within 90 days of filing, with the expert's report attached.

The experts must meet real requirements. A standard-of-care expert needs clinical experience, consulting or teaching in the defendant's specialty or a related field within five years of the alleged malpractice. When the defendant holds board certification, the expert generally needs board certification in the same or a related specialty, with exceptions. The certifying expert also may not devote more than 20% of their professional activities each year to testimony in personal-injury claims.

• Decision point: Expert qualifications shape which defendants are named and which standard-of-care theories go forward. Whether to waive arbitration depends on the strength of the certified opinions and the defendants' responses.
• Documents we look for: expert curricula vitae, signed expert reports and the defendants' own certificates.

Step 5: Measure what your child will need for life

Maryland caps non-economic damages in malpractice cases according to the year the cause of action arose. Because of that, economic losses often carry a birth injury case. Those include lifetime medical care, therapies, equipment, housing changes and lost earning capacity.

A life care plan is a detailed report, usually prepared by a specialist, that projects the medical care, therapy, equipment and support a person will need over a lifetime and estimates its cost. An economist then converts that plan, along with lost earning capacity, into present-day figures.

• Decision point: The life care plan and economic analysis define the value of the claim.
• Documents we look for: the life care plan, the economist's report, and therapy and specialist records.

Step 6: Weigh settlement against trial

We prepare each case as if it will be tried. That preparation gives a family a realistic basis for judging any offer. We negotiate from that position and are ready to take a case to trial when that is necessary to pursue a just result.

The firm has tried Maryland birth injury cases to verdict, including Kenyetta Lewis v. Upper Chesapeake Medical Center ($13.3 million) and Martinez v. Johns Hopkins Hospital ($55 million).

• Decision point: Families compare a firm offer against the strength of the liability and causation proof, the documented lifetime needs, and the time and risk of trial.
• Documents we look for: settlement offers, mediation statements, and trial exhibit and witness lists.

What this framework can and cannot do: it shows how a claim can be evaluated. It is not a prediction for any family. Every case turns on its own records and expert review. If the care happened outside Maryland, different deadlines, pre-suit rules and damages rules apply.

Not sure whether the records show anything at all? That uncertainty is exactly why the review exists. Call (800) 529-6162 and ask how we would look at your child's chart. You can ask about fees and case expenses on the same call.

Which Birth Injuries Can Lead to a Malpractice Claim?

A birth injury can support a malpractice claim in Maryland only when a provider's care fell below the standard of care and that failure caused the harm. The diagnosis alone does not answer the question. Many of these conditions also have causes that no one could have prevented, which is why expert review comes first.

Below are the conditions that most often raise questions for families. If you are still trying to make sense of early symptoms, our guide to the signs of a birth injury may help.

Hypoxic-ischemic encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by too little oxygen and blood flow reaching a baby's brain, often around the time of labor and delivery. It can range from mild to severe.

HIE cases often focus on two windows. The first is labor itself: were signs of fetal distress recognized and acted on in time? The second is the hours after birth. Therapeutic hypothermia, or cooling therapy, is a treatment for HIE that generally must begin within the first hours after birth. A delay in starting it can become part of the claim.

Cerebral palsy

Cerebral palsy is a group of disorders that affect movement and muscle tone, caused by injury to or abnormal development of the brain. It can result from oxygen deprivation during delivery. It can also result from genetics, prenatal infection or prematurity.

That is why a cerebral palsy diagnosis by itself is not proof of malpractice. Experts look at the cord gases, MRI pattern and timeline to judge whether delivery care played a role. Cerebral palsy is often diagnosed months or years after birth, which affects when a family first discovers a possible claim.

Brachial plexus injuries: Erb's palsy and Klumpke's palsy

The brachial plexus is the network of nerves running from the neck into the shoulder, arm and hand. These nerves can be stretched or torn during a difficult delivery, especially when a baby's shoulder becomes stuck. Erb's palsy usually affects the upper arm. Klumpke's palsy usually affects the forearm and hand.

Some of these injuries heal. Others leave lasting weakness. Our page on nerve injury birth injuries explains these conditions in more depth.

Skull fractures and brain bleeds

Forceps, vacuum extractors and prolonged, difficult deliveries can cause skull fractures and bleeding inside or around the brain, called intracranial hemorrhage. Some bleeds are small and resolve. Others cause lasting damage.

If you are worried about a head injury at delivery, our article on how to know if your child had a traumatic brain injury at birth walks through the warning signs and testing.

Infection, jaundice and low blood sugar

Some birth injuries happen after delivery, in the nursery or the NICU:

• Neonatal infections such as group B strep and meningitis can cause serious harm if a maternal infection goes untreated or a newborn's symptoms are missed.
• Kernicterus is brain damage caused by severe, untreated newborn jaundice.
• Neonatal hypoglycemia is dangerously low blood sugar in a newborn, which can injure the brain if it is not caught and treated.
• Periventricular leukomalacia is damage to the brain's white matter, seen more often in premature babies.

What Delivery Room Errors Can Cause Preventable Birth Injuries?

Most birth injury claims in Maryland come down to whether the care team recognized a warning sign and responded the way a reasonably careful provider in the same profession would have. The question is not whether the outcome was bad. It is whether the care was.

Here is a position worth stating plainly. A bad outcome is not proof of malpractice. But a confident explanation from the hospital is not proof of good care either. Only the records and an independent expert can answer that.

Missed fetal distress and delayed C-sections

During labor, a fetal heart-rate monitor tracks how the baby is tolerating contractions. Certain patterns can signal that the baby is not getting enough oxygen. When a concerning tracing goes unaddressed, or a decision to perform a cesarean delivery comes too late, oxygen deprivation can follow.

These cases often depend on minute-by-minute details. When did the pattern appear? Who saw it? Was the physician called, and when did they arrive? This is why the timeline in Step 2 matters so much.

Vacuum, forceps and shoulder dystocia

Shoulder dystocia happens when a baby's head delivers but a shoulder gets stuck behind the mother's pelvic bone. It is an emergency that calls for specific maneuvers. Excessive pulling can injure the brachial plexus nerves.

Vacuum extractors and forceps can be appropriate tools. Misused, they can cause skull fractures, brain bleeds and nerve damage. Claims in this area look at whether the device should have been used at all, how it was used, and whether a C-section should have been chosen instead.

Pitocin and uterine tachysystole

Pitocin is a brand name for oxytocin, a drug used to start or strengthen contractions. Uterine tachysystole means contractions are coming too often, which can leave too little time between them for the baby to recover oxygen. Too much Pitocin can cause it. The records will show the dose, when it changed, and whether staff responded when contractions became too frequent.

Missed maternal conditions and emergencies

Some injuries trace back to the mother's care. Claims may involve a failure to diagnose or manage:

• preeclampsia, a pregnancy condition marked by high blood pressure
• gestational diabetes
• placental abruption, when the placenta separates from the uterine wall too early
• uterine rupture
• cord prolapse, when the umbilical cord slips ahead of the baby
• a maternal infection that should have been treated before or during labor

Newborn resuscitation, intubation and anesthesia

The minutes after birth can be as important as labor. A baby who is not breathing well may need prompt resuscitation, including placing a breathing tube. Errors in that process are covered on our intubation birth injury page. Problems with medication given to the mother during labor or a C-section are discussed on our anesthesia birth injury page.

The federal AHRQ studies patient safety in hospital care, and its work reflects a broad recognition that hospital systems, not just individuals, shape safety. In a Maryland case, a hospital may be responsible for its staff's negligence and, in some situations, for its own failures in staffing, credentialing or policies.

Statute of Limitations: How Long Do You Have to File in Maryland?

Under Md. Code, Cts. & Jud. Proc. § 5-109(a), a Maryland malpractice claim generally must be filed within the earlier of five years from when the injury was committed or three years from when it was discovered, but a child's own claim is measured from the child's 18th birthday. Filing the claim with HCADRO counts as filing. Fraudulent concealment can extend the time (§ 5-203).

The five-year period is an outer statute of limitations. Maryland's highest court has held it is not a statute of repose (Anderson v. United States, 427 Md. 99 (2012)).

Tolling means pausing a legal deadline so the clock does not run for a period of time. In Maryland, a child's own malpractice claim is tolled until age 18.

The table below shows how the main deadlines differ.

Does my child really have until 18?

Does my child's claim wait until adulthood? Your child's own claim is measured from the 18th birthday under Maryland law. That does not make it wise to wait. The parents' claim for medical bills before 18 runs on its own clock, and records, witnesses and monitoring data are easiest to gather now.

The parents' clock

Because the parents' expense claim is not tolled, it generally follows the standard rule in § 5-109(a): three years from discovery or five years from the injury, whichever comes first. Discovery can be a contested question when a diagnosis like cerebral palsy comes months after birth. An attorney should look at the dates in your child's records rather than guess.

When a baby dies

In Maryland, only one wrongful death action is allowed per death. It is brought for the spouse, parents and children of the deceased. Dependent relatives by blood or marriage may file only when none of those primary beneficiaries survive. For a newborn, the parents are the primary beneficiaries.

A separate survival action carries the baby's own claim and is brought by the personal representative of the estate. Funeral expenses are recoverable in that action up to a $15,000 allowance, absent a special court order (Md. Code, Est. & Trusts § 8-106(c)).

Care at a federally funded clinic

Some community health centers receive federal funding, and their staff may be treated as federal employees under 42 U.S.C. § 233. Claims against those providers go through the Federal Tort Claims Act. That law requires a written administrative claim to the agency within 2 years before any lawsuit. Many families have no idea their prenatal clinic falls into this category, so we check it early.

What Compensation Can a Maryland Birth Injury Claim Include?

In Maryland, a birth injury malpractice claim can include economic damages, such as lifetime care and lost earning capacity, and non-economic damages, which are capped under Md. Code, Cts. & Jud. Proc. § 3-2A-09 according to the year the cause of action arose. The cap is $905,000 for 2025 and $920,000 for 2026. How "arising" applies to a particular case is a question for your attorney.

Economic and non-economic damages compared

How Maryland's cap works

The cap started at $650,000 for causes of action arising from 2005 through 2008. It rises by $15,000 each January 1. It applies per medical injury, across all personal injury and wrongful death claims, claimants and defendants.

When a wrongful death case has two or more claimants or beneficiaries, the combined cap is 125% of the base figure. That is $1,131,250 for 2025 and $1,150,000 for 2026. The jury is not told about the cap. The court applies it afterward.

Here is what that means for you: in a serious birth injury case, the economic side often decides whether the recovery can truly pay for your child's care. That is why we put so much work into the life care plan. Our article on how birth injury compensation is calculated goes deeper, and our guide to non-economic damages in birth injury cases explains that side of the claim.

Protecting a child's recovery

Settlements for children usually need court approval. Money for a child's lifetime needs is often structured over time or placed in a special needs trust, which can help protect eligibility for public benefits such as Medicaid. Health insurers and Medicaid may also have reimbursement rights from a recovery, and those need to be resolved before settlement.

Maryland hospitals have also pushed for changes in how birth injuries are paid for. You can read about that debate in our article on Maryland hospitals' push for a new way to pay for birth injuries.

Can Parents Be Blamed for a Birth Injury Under Maryland Law?

Many parents carry quiet guilt. Should I have gone to the hospital sooner? Should I have pushed harder for answers? Please hear this plainly: a birth injury case is about the medical care, not about you.

Contributory negligence is a defense that bars an injured person from recovering anything if their own carelessness contributed to the harm, even slightly. Maryland still follows this strict rule (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). A 2026 bill to soften it did not pass.

In a Maryland malpractice case, contributory negligence reaches the jury only where the patient did not follow, or unreasonably delayed following, a treating provider's instructions. Negligence that caused a condition before treatment cannot be raised against a later treating provider (Reid v. Baltimore Ambulatory Ctr. for Endoscopy (App. Ct. Md. Feb. 27, 2026); Barbosa v. Osbourne, 237 Md. App. 1 (2018)).

What this means in practice

Can the hospital argue I caused my baby's injury? It can try, but Maryland narrows that defense in malpractice cases. The question is whether you failed to follow, or unreasonably delayed following, a provider's instructions. Ordinary choices a frightened parent makes in labor are not the same thing.

If a defense like this is raised, we look at exactly what instructions were given, whether they were documented, and whether any delay actually affected the outcome. Those details often look very different in the records than they do in a parent's memory.

Proven Results: Birth Injury Verdicts Our Trial Lawyers Have Won

Gilman & Bedigian's trial lawyers have won the largest medical malpractice verdict in Pennsylvania history, a $182 million birth injury verdict (Hagans v. Hospital of the University of Pennsylvania), and the second-largest medical malpractice verdict in Maryland history, a $55 million birth injury verdict against Johns Hopkins. These are past results. They show experience in the courtroom. They do not predict the outcome of any other family's case.

The lawyers behind the work

Charles Gilman co-founded the firm with a shared commitment to taking cases to trial when that is what a client's case requires. His co-founder, Briggs Bedigian, is a trial attorney known for complex medical malpractice and catastrophic injury cases. He won the $182 million Hagans verdict and the $55 million Martinez verdict.

Across all practice areas, the firm has over $800 million recovered for clients. Our results include some of the largest verdicts in the Baltimore-Washington DC area as well as throughout Maryland and Pennsylvania. Our attorneys have been featured in outlets including The Daily Record, The Wall Street Journal, WJZ and FOX45 Baltimore. You can learn more about our firm.

Key insight: A verdict list tells you a firm will try cases. What it cannot tell you is whether your child's case has merit. Only the records and an expert review can answer that, which is why we start there.

Filing in Baltimore: From HCADRO to the Circuit Court

In Maryland, a birth injury malpractice claim above the District Court's concurrent-jurisdiction limit, including a wrongful death claim, must be filed first with the Health Care Alternative Dispute Resolution Office, not directly in court (Md. Code, Cts. & Jud. Proc. § 3-2A-02(a); § 3-2A-04(a)). The claim may not state a dollar amount, beyond saying it exceeds that limit.

Step by step: how a Maryland claim moves

1. Claim filed with HCADRO. This filing stops the limitations clock.
2. Claimant's Certificate of Qualified Expert. Due within 90 days, with the expert's report attached.
3. Defendant's certificate. Due 120 days after service of the claimant's certificate.
4. Waiver of arbitration. Either side may waive arbitration in writing to the HCADRO Director no later than 60 days after all defendants file their certificates. Later waivers require agreement (§ 3-2A-06B).
5. Complaint in court. After a waiver, the complaint must be filed in circuit court or U.S. District Court within 60 days (§ 3-2A-06A).

Once in court, alternative dispute resolution, such as mediation, is mandatory unless all parties opt out and the court agrees (§ 3-2A-06C). Offers of judgment can shift costs (§ 3-2A-08A). These rules shape strategy from the very first filing.

Which court hears the case?

After a waiver, a Baltimore-area birth injury case may proceed in the Circuit Court for Baltimore City, the Circuit Court for Baltimore County in Towson, or another Maryland circuit court where venue is proper. Some cases belong in the U.S. District Court for the District of Maryland, which sits in Baltimore.

The right court depends on factors such as where the defendants are located and where the care took place. Your case notices will identify the court and its assigned schedule. We explain those details as the case moves forward. Our page on medical malpractice in Baltimore covers more about how malpractice cases proceed locally.

How long all of this takes depends on the medical picture, the experts and the court's schedule. Our article on how long a birth injury lawsuit takes explains the factors that speed a case up or slow it down.

The hospitals and roads families tell us about

Families across the region deliver at hospitals such as The Johns Hopkins Hospital in East Baltimore, the University of Maryland Medical Center and Mercy Medical Center downtown, and Greater Baltimore Medical Center and University of Maryland St. Joseph Medical Center in Towson. Families from Harford County often deliver at Upper Chesapeake Medical Center in Bel Air.

Naming these hospitals is not a criticism of them. Most births in Maryland go well, and most care is good. When something does go wrong, though, knowing how a particular hospital documents labor and stores its fetal monitoring data helps us ask for the right records.

Our headquarters is on Greenspring Drive in Timonium, just off I-83 north of the Beltway. Families in Baltimore City, Towson, Cockeysville, Owings Mills and across Baltimore County often find it easier to reach than a downtown office. If you have searched for a Timonium birth injury lawyer, this is where we are.

How Maryland differs from neighboring states

If the delivery happened in Pennsylvania, Delaware, Virginia or Washington, D.C., Maryland's rules may not control. Each jurisdiction has its own deadlines, pre-suit requirements and damages rules. We never assume the Maryland framework applies to care across the state line, and local counsel may be required.

The Contingency Fee Model: What Does a Birth Injury Lawyer Cost in Baltimore?

We take all personal injury cases on a contingency fee basis, which means there is no fee unless we win. Our fee comes from a recovery, not from your family's savings. In Maryland, attorney's fees on HCADRO malpractice claims also require approval by the arbitration panel or the court (Md. Code, Cts. & Jud. Proc. § 3-2A-07(b)).

Birth injury cases involve real costs beyond attorney's fees. Expert reviews, medical record retrieval, life care plans and depositions all cost money. Ask us how those case expenses are handled in your matter, so you understand the arrangement before you sign anything.

What you can expect from us

• We answer our phone 24/7. A birth injury does not keep business hours, and neither do the questions that follow it.
• We explain the deadlines that apply to your family. That includes the child's claim, the parents' claim and, if your baby died, the wrongful death claim.
• We tell you what the records show. If the evidence does not support a claim, we will say so.
• We prepare for trial. That preparation is what gives you a real basis for judging any settlement offer.

What to gather before you call

You do not need everything. Whatever you have is a starting point:

1. Your child's birth date and the date of any diagnosis
2. Hospital discharge papers and NICU summaries
3. Any records you have already requested, including fetal monitoring strips
4. Bills and insurance statements for care so far
5. Your own written notes about labor, delivery and the days afterward

You also have a federal right to copies of your medical records (45 C.F.R. § 164.524). Ask for the complete chart, not a summary. Our guide on what to do after a birth injury explains more practical steps for the weeks after delivery.

Talk With a Baltimore Birth Injury Lawyer About Your Child's Records

You may have more time than you fear on your child's own claim. You may also have less time than you think on the parents' claim for medical bills, which generally runs 3 years from discovery or 5 years from the injury, whichever comes first. If your baby died, the wrongful death claim generally must be filed within 3 years of the death.

Gilman & Bedigian represents birth injury victims across Maryland from our headquarters in Timonium. We serve families in Baltimore City, Baltimore County and throughout the state. Charles Gilman and our trial team will review what happened, explain which deadlines apply, and tell you honestly whether the records support a claim.

This page offers general information, not legal advice for your situation. Every family's case is different, and past results do not guarantee future outcomes. Please speak with an attorney about the specific facts of your child's care.

Call (800) 529-6162 to talk with our team about your child's care. There is no fee unless we win.

Frequently Asked Questions

How do I know if I have a birth injury case in Maryland?

You may have a case if a provider's care during pregnancy, labor, delivery or newborn care fell below the standard of care and that failure caused your child's injury. A diagnosis like HIE or cerebral palsy alone does not answer the question, because some of these conditions have causes no one could prevent. The answer comes from the records and an expert review. Under Maryland law, an expert must certify the claim within 90 days of filing.

How long do I have to file a birth injury lawsuit in Maryland?

In Maryland, the deadline for a child's own malpractice claim is measured from the child's 18th birthday. The parents' claim for the child's medical expenses before 18 is not paused and generally follows the earlier of three years from discovery or five years from the injury (Md. Code, Cts. & Jud. Proc. § 5-109). A wrongful death claim generally must be filed within three years of the death. Because these clocks differ, it is safest to have an attorney check your dates early.

How much does a birth injury lawyer cost?

Gilman & Bedigian takes all personal injury cases on a contingency fee basis, so there is no fee unless we win. In Maryland, attorney's fees on malpractice claims filed through HCADRO also need approval from the arbitration panel or the court. Case expenses, such as expert reviews and life care plans, are separate from the fee, so ask how they are handled in your matter.

What is my child's birth injury case worth?

No honest lawyer can put a number on a case before reviewing the records and your child's needs. Value usually depends on the strength of the liability and causation proof and on the cost of lifetime care, which a life care plan projects. Maryland caps non-economic damages by the year the cause of action arose ($905,000 for 2025 and $920,000 for 2026), while economic losses like future care are measured separately.

My baby died after delivery. Can our family still bring a claim?

Yes, Maryland allows a wrongful death action, brought for the spouse, parents and children of the deceased, within three years of the death under Md. Code, Cts. & Jud. Proc. § 3-904. In a medical negligence death, that claim still must go through HCADRO first. A separate survival action, brought by the estate's personal representative, can carry the baby's own claim and recover funeral expenses up to the $15,000 allowance absent a special order.

What if the hospital says I was partly at fault?

Maryland follows contributory negligence, but in malpractice cases the defense reaches the jury only when the patient did not follow, or unreasonably delayed following, a treating provider's instructions. Negligence that caused a condition before treatment also cannot be raised against a later treating provider. In other words, the questions in a birth injury case are about the medical care. We examine any such defense against what the records actually show.

Should I accept a settlement offer from the hospital's insurer?

Not before you understand what your child will need over a lifetime. Any offer should be weighed against the strength of the liability and causation proof, a life care plan and the time and risk of trial. Settlements for children usually need court approval and are often structured or placed in a special needs trust to protect public-benefits eligibility.

How long does a birth injury case take?

In Maryland, timing depends on the medical picture, expert review and the court schedule, so there is no reliable single answer. The HCADRO steps alone include a 90-day window for the claimant's expert certificate and 120 days for the defendant's, followed by a possible waiver to court. Some families also wait until a child's long-term needs are clearer before valuing the claim.

Do I need a lawyer for a birth injury claim?

Maryland law does not require one, but its malpractice rules are demanding. A claim must start at HCADRO, a qualified expert's certificate and report are due within 90 days, and strict timing governs any move to court. Experts must also meet specialty, recent-practice and testimony-percentage requirements. For more on handling a case yourself, see our article on whether you can try your own case.

Will my birth injury case go to trial?

Many cases resolve by settlement, and some go to trial. Either side in a Maryland malpractice claim may waive arbitration and move to circuit court or federal court, where mediation or another form of ADR is generally required unless all parties opt out and the court agrees. We prepare every case as if it will be tried, which gives a family a realistic basis for judging any offer.

What if the doctor or clinic doesn't have enough insurance?

Coverage is investigated for every provider and facility involved, including hospitals that may be responsible for their staff. If the prenatal care took place at a federally funded health center whose staff are treated as federal employees, the claim may go against the United States under the Federal Tort Claims Act. That route requires a written administrative claim within two years, so it should be checked early.

How do we pay for our child's care while the case is pending?

Most families continue using health insurance, Medicaid and other benefits while a case moves forward. Those insurers may have reimbursement rights from any recovery, and those claims are addressed before a settlement is finalized. Keep every bill and insurance statement, because Maryland limits past medical expenses to amounts paid or incurred and owed.