The unthinkable has happened. Your baby suffered a birth injury due to oxygen deprivation, and the future you envisioned now feels uncertain. You’re likely facing a whirlwind of emotions and critical questions about your child’s well-being and whether negligence played a role.
This isn’t about sugarcoating the situation; it’s about providing you with the clear, actionable information you need right now. If you suspect medical error contributed to your child’s injury in Maryland, understanding the medical realities and your legal options is the first step toward finding answers and securing the support your family deserves. Let’s walk through what you need to know.
What Does It Mean When a Baby Suffers from Lack of Oxygen at Birth?
Lack of oxygen at birth, also called birth asphyxia or hypoxic-ischemic encephalopathy (HIE), occurs when an infant’s brain and other organs do not get enough oxygen before, during, or just after delivery. This can happen for many reasons, including prolonged labor, umbilical cord problems, placental issues, or failure to monitor fetal distress.
Even relatively brief periods of oxygen deprivation can cause serious harm. The longer the baby is without sufficient oxygen, the greater the risk of brain damage or damage to the baby’s heart, lungs, kidneys, and other organs.
Lack of Oxygen at Birth Long-Term Effects
The effects of oxygen deprivation can range from mild to severe, depending on the duration and severity of the deprivation. Some children recover fully with time and therapy. Others live with permanent disabilities that impact every part of their lives. Here are some common lack of oxygen at birth long-term effects:
- Cerebral palsy—a neurological condition that affects movement, muscle tone, and coordination;
- Developmental delays—including difficulty reaching milestones such as walking, speaking, or socializing;
- Cognitive impairments—trouble with memory, attention, problem-solving, or learning;
- Seizure disorders—some babies go on to develop epilepsy or other seizure conditions;
- Motor skill deficits—challenges with coordination, fine motor control, and mobility; and
- Speech and language delays—difficulty with verbal communication, which may require therapy.
Every child is different, but many conditions require lifelong care, medical treatment, and educational support.
Can Babies Recover From Lack of Oxygen at Birth?
One of the most common and heartbreaking questions parents ask is, Can babies recover from lack of oxygen at birth? The answer depends on the severity of the injury. Some infants show remarkable resilience and respond well to early intervention therapies. Others may experience lasting deficits despite treatment.
Pediatric neurologists often use MRIs, developmental evaluations, and standardized testing to help assess the extent of damage and predict outcomes. While recovery is possible, families facing moderate to severe outcomes should prepare for long-term support needs and additional medical care.
How Maryland Law Protects Families After a Birth Injury
In Maryland, medical malpractice laws allow parents to sue if a medical provider’s negligence caused or contributed to the lack of oxygen during birth. These cases require careful investigation, medical records review, and the testimony of qualified expert witnesses.
Here’s what you need to know about the statute of limitations in Maryland:
- Standard timeline. A lawsuit must be filed within the earlier of five years from the date of injury or three years from the date the injury was discovered;
- Statute of repose. Even if you did not discover an injury right away, you cannot file the lawsuit more than five years after the incident; and
- For minors. The clock does not start ticking until the child turns 18.
This extended time frame is critical in birth injury lawsuits since many effects of oxygen deprivation may not be immediately noticeable. A child might not be diagnosed with cerebral palsy, for example, until age two or later.
What Is Negligence in a Birth Injury Case?
Negligence is a legal term that means someone failed to act with the level of care that a reasonable person should have used in the same situation. In a birth injury case, it means that a doctor, nurse, or hospital staff member did something (or didn’t do something) that led to your baby’s harm.
To win a birth injury lawsuit based on negligence, your legal team must prove the following:
- Duty of care—the medical professional had a responsibility to care for you and your baby;
- Breach of duty—they failed to meet the standard of care during pregnancy, labor, or delivery;
- Causation—their actions (or failure to act) directly caused the injury; and
- Damages—your child suffered harm as a result.
Negligence is a legal concept shaped by Maryland courts rather than defined by a single statute. A lawyer can help you navigate these complicated laws.
How Do You Prove a Birth Injury Was Caused by Negligence?
Not every poor outcome is the result of negligence, but many are. Hospitals and providers must follow strict standards of care during labor and delivery. When they fail to meet those standards, serious injury can occur.
Typical forms of medical negligence that may lead to oxygen deprivation include:
- Failure to monitor—not properly tracking fetal heart rate, oxygen levels, or distress signals;
- Delayed intervention—waiting too long to perform a C-section when the baby is in distress;
- Improper use of delivery tools—misuse of forceps or vacuum extractors, causing trauma;
- Placental complications—failing to detect or manage placental abruption, previa, or insufficiency;
- Umbilical cord issues—not responding promptly to cord compression, prolapse, or nuchal cords; and
- Staff communication errors—poor coordination between nurses, OBs, and anesthesiologists during delivery.
If one or more of these factors contributed to your child’s injury, a medical malpractice claim may be appropriate.
Why Choose Brockstedt Mandalas Federico?
When your child’s future is at stake, you need more than a lawyer—you need a firm that understands the weight of what you’re going through. At Brockstedt Mandalas Federico, our attorneys don’t take that responsibility lightly.
Our dedicated team handles complex birth injury and medical malpractice cases across Maryland. What sets us apart is our depth of experience and the compassion we bring to every case. Our attorneys have been recognized by Best Lawyers in America, Lawdragon, and Super Lawyers and have helped shape environmental, class action, and injury litigation across the region.
We take pride in the trust families place in us during the most challenging times of their lives. At Brockstedt Mandalas Federico, you will never feel like a case number. We investigate every matter thoroughly, work with top medical professionals, and fight for the resources your child will need today and for years to come.
Reach Out for Help Today
Lack of oxygen at birth is a life-changing event for your child and your entire family. While nothing can undo the harm done, legal action can provide the support and resources needed to give your child the best chance at a full life. If you suspect a birth injury occurred, don’t wait to get the answers you deserve. Brockstedt Mandalas Federico is here to guide you with clarity, compassion, and a powerful commitment to justice. Let us help you find the path forward.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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