Who Can You Take Legal Action Against After a Birth Injury?

 Posted on August 18, 2026 in Medical Malpractice

Pregnancy, and labor and delivery, can involve serious complications, even when doctors and nurses give both mother and baby diligent care. A difficult pregnancy or birth, or even a tragic outcome, does not necessarily mean a provider did anything wrong. 

Yet, medical malpractice does happen during pregnancy and in labor and delivery wards, and the consequences can be devastating. If you or your child suffered a serious birth injury in 2026, Silverman Thompson’s team of experienced Howard County, MD personal injury attorneys can help you understand who may be legally responsible. We provide compassionate legal service to families during sensitive times and are relentlessly focused on holding careless providers responsible. 

Can You Sue the Doctor for a Birth Injury?

An obstetrician is the doctor responsible for the pregnancy and for delivering babies. Obstetricians make important decisions, including when and how to intervene when things aren’t going right. A birth injury claim might involve a doctor who:

• Failed to recognize problems during the pregnancy

• Failed to recognize that the baby was in distress

• Waited too long to order an emergency C-section

• Made a mistake using forceps or a vacuum during delivery

• Did not treat signs of preeclampsia, heavy bleeding, or another dangerous condition for the mother

Labor and delivery also can be complicated and unpredictable. The question in a birth injury case is not whether something went wrong, but rather whether the doctor gave the level of care another reasonably qualified doctor would have given under similar circumstances.

Can Nurses Be Responsible for a Birth Injury?

Labor and delivery nurses typically spend more time monitoring the mother and baby than anyone else on the team. They have a crucial role when it comes to noticing dangerous changes and reporting them.

For example, fetal heart monitoring can show signs that a baby isn’t getting enough oxygen. A nurse who notices this needs to tell a doctor immediately. Likewise, nurses must carefully watch the mother and baby for adverse effects of medication like pitocin and painkillers. When a nurse's mistake contributes to a birth injury, that nurse – and sometimes their employer – may be held responsible. 

Can You Sue a Hospital for a Birth Injury?

A hospital may be responsible for mistakes by doctors and nurses. Hospitals can also face claims based on their own irresponsible policies or employee training. 

Many cases are currently coming out of certain hospitals that had years of major staffing and care issues that resulted in preventable tragedies. 

How Long Do You Have to File a Birth Injury Claim in Maryland?

Maryland Statute § 5-109, a medical malpractice claim usually must be filed within three years from the date of the injury but in some cases that deadline may be extended to five years. For children who were younger than 18 when the injury occurred, the clock on their three year deadline starts ticking once they turn 18. 

Birth injury cases can be particularly difficult to investigate because parents may not realize that their child has a medical condition or developmental problem. Cerebral palsy and other types of brain damage, for example, don’t always show up right away. 

On the other hand, waiting to file a suit can make the investigation harder. Even the best doctors and nurses forget details of the cases they work and hospitals are not always as careful as they should be about keeping records. 

If you are worried that your baby was hurt during pregnancy or delivery, talk with an attorney as soon as you suspect something might be wrong. This gives the lawyer more time to investigate what happened and file a case before the deadlines run out. 

Call a Prince George’s County Personal Injury Attorney Today

Serious birth injuries leave parents trying to answer difficult questions. Finding honest answers often takes a careful review of every person and organization involved in the mother's and baby's care.

At Silverman Thompson, we do exactly that. Contact our Anne Arundel County personal injury lawyers at 410-385-2225 to schedule a free consultation. We are here to help.