When you hear “birth injury,” does your mind automatically go to the baby? You’re not wrong. But there’s another side to this story that often goes untold: the significant injuries mothers can endure before, during, and after bringing a new life into the world. We’re talking about pain, trauma, and life changes that can be utterly devastating. When these maternal birth injuries stem from medical negligence, it leaves new mothers reeling, wondering about their rights and where to begin. If you’re searching for answers, especially when it comes to birth injury to mother compensation, you’ve landed in the right place. This overview is your starting point for understanding the legal and medical paths that might be open to you.
What Are Birth Injuries to the Mother?
Birth injuries to the mother are any physical harm sustained during labor, delivery, or immediately postpartum. Some injuries occur naturally due to the physical demands of childbirth. Others may result from medical negligence, such as failure to monitor, improper use of delivery tools, or delayed interventions. Understanding whether a poor outcome was avoidable is often the first step toward seeking compensation.
Types of Injuries You Should Know About
Birth injuries can range from mild and temporary to severe and long-lasting. Below are some of the most common types of birth injuries to the mother:
- Perineal tears—tears in the tissue between the vagina and anus, which may range from minor to fourth-degree lacerations;
- Pelvic organ prolapse—displacement of the bladder, uterus, or rectum due to weakened pelvic floor muscles;
- Nerve damage—injuries to nerves in the legs, back, or pelvic area from epidurals, prolonged labor, or forceps use;
- Hemorrhage—excessive bleeding during or after delivery, which can lead to hypovolemic shock or death if untreated; and
- Infections or retained placenta—conditions that may arise when the placenta isn’t fully expelled, or surgical instruments are improperly sterilized.
Even when injuries are not immediately apparent, they may cause long-term health issues. If you’re experiencing ongoing symptoms or complications, it’s essential to investigate whether they may be linked to injuries sustained during childbirth.
The Emotional and Financial Toll of Childbirth Injuries to the Mother
Beyond physical recovery, maternal birth injuries often take a severe emotional and financial toll. Some women experience post-traumatic stress, anxiety, or depression after a difficult or injurious delivery. Others may lose income while recovering or require expensive medical treatments.
In Maryland, if a healthcare provider’s negligence caused the injury, you may be eligible for birth injury to mother compensation to cover:
- Medical bills,
- Lost wages,
- Diminished earning capacity,
- Pain and suffering, and
- Future care or accommodations.
Understanding your rights is crucial because strict timelines and procedural rules govern medical malpractice cases in Maryland.
Understanding Maryland’s Medical Malpractice Time Limits
If you’re considering a lawsuit, timing is critical. Under Maryland law, you must file a medical malpractice claim within the earlier of:
- Five years from the date the injury occurred, or
- Three years from when the injury was discovered or reasonably should have been found.
This means that if the injury was immediately apparent—like a surgical error during childbirth—you likely only have three years from the date of birth to file a claim. The five-year limit acts as a final deadline, not a guaranteed window of time.
Because of this nuance, speaking with a legal professional is vital when you suspect something may have gone wrong during delivery.
How to Prove a Claim
To pursue a malpractice claim for childbirth injuries to a mother, you’ll need to prove that:
- A healthcare provider owed you a duty of care;
- That provider breached the standard of care during pregnancy, labor, or postpartum care;
- That breach caused your injury; and
- You suffered damages, physical, emotional, or financial, as a result.
Maryland also requires a certificate from a qualified expert, which must be filed early in the case. This document, signed by a licensed medical professional, affirms that your care likely fell below acceptable medical standards.
Even though maternal injuries garner less public discussion than infant injuries, they are equally serious. You have the right to pursue answers and compensation if you’re suffering.
Turn to Brockstedt Mandalas Federico to Discuss Birth Injury to Mother Compensation
What sets Brockstedt Mandalas Federico apart is more than just our results; it’s our reputation for leadership, sophistication, and personalized care in medical malpractice. Our attorneys have secured some of the largest verdicts and settlements in the Mid-Atlantic region and have led nationally significant mass tort and class action cases, recovering hundreds of millions of dollars for injured clients. We bring unmatched trial experience, deep relationships within the medical malpractice community, and a willingness to go to trial when justice demands it. With a legal team recognized for its skill and dedication, our firm is uniquely positioned to advocate for mothers harmed by medical negligence during childbirth.
Take Action Today to Protect Your Rights
Don’t wait to explore your options if you believe your injury was preventable. Medical records can disappear, and deadlines can pass quickly. Contact Brockstedt Mandalas Federico today to speak with a legal team that understands the physical, emotional, and legal challenges of maternal birth injuries and is ready to fight for the compensation you deserve.
Frequently Asked Questions
How Do I Know If My Injury Qualifies as Medical Malpractice?
Not every injury during childbirth is grounds for a lawsuit. To be considered malpractice, your care must have deviated from accepted medical standards, and that deviation must have caused your injury. One of our attorneys can help review your medical records and consult with qualified experts to determine whether your case meets that threshold.
Will I Need to Testify in Court If I File a Lawsuit?
Not necessarily. Many birth injury claims are resolved through negotiation or mediation before trial. However, if your case goes to court, we will help prepare you to testify if needed and be with you at every step.
Can I File a Claim If I Signed a Consent Form Before Delivery?
Yes. A consent form does not allow healthcare providers to act negligently. If your injury was the result of substandard care and not simply an inherent risk of childbirth, you may still have a valid claim, even if you signed paperwork before labor.
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.
Loading...