Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

Birth Injuries

Birth injury cases are among the most difficult and complex cases litigated. They involve emotional as well as legal and medical issues, which must be carefully handled by your attorney. As with any injury there are sensitive issues when one is disabled. When that injury involves permanent disability to an infant who will have to live with these injuries for a lifetime, the emotional as well as the financial issues can be devastating. It is an important for your attorney to be aware of these issues and keep them in the forefront of his/her mind when prosecuting these types of cases.

As has been made clear in other pages of this web site: Litigating Complex Negligence Cases & Medical Malpractice Basics, such cases involve much time and expense and require the participation of experts from many disciplines as well as numerous medical experts to support the client's injuries. When there is permanent disability that will have lifetime impact on an infant’s ability to function and earn a living, the role of these experts becomes even more important.

Typically, birth injuries involve determining whether a medical professional has deviated from the standard of care in the birth or prenatal care of the infant. Your attorney must prove that the medical professional in question has not acted as a reasonable person with the same expertise would have acted under the same circumstances.

When we agree to investigate a potential birth injury case, there are numerous steps involved:

  • The case must be evaluated prior to filing suit.
  • To evaluate a case all of the medical records must be obtained.
  • These records must be evaluated by the attorney and then provided to an appropriate expert to review the case.
  • If the expert believes that medical malpractice occurred, then he must evaluate whether the malpractice is the cause of the birth injury and if this can be proven, then a lawsuit can be filed.

In every birth malpractice case damages must also be proven. This will also often require multiple facts, medical, and other expert witnesses to testify about the infant’s injury. This will also include medical experts on both sides who will testify about how the injury will affect the child now as he/she grows into adulthood. Usually, each side's experts will disagree as to the extent or the infant’s injuries. The physician testifying on our clients’ will be properly prepared and the other side’s expert will have to have his opinions and/or credibility successfully challenged by us. Aside from medical testimony there are often other experts that will be needed. For example:

  • If the infant’s injuries are such that it is likely to affect future earning potential, then a permanent wage loss claim will be made. A vocational expert may be required to present evidence of the difference in wage earning capacity between what the child would likely have been able to earn without being injured as compared to the diminished earning capacity as a result of the injury.
  • An economist might be called to explain to the jury how much a diminished earning capacity will cost the injured child over the course of their lifetime, taking into account inflation and changes in wages.
  • The infant may have injuries severe enough to require assistance to simply get by in day-to-day living. In such a case, a life care planner is often required to show what accommodations are needed and how much they will cost, such as the cost of a wheel chair or the cost of building ramps in one’s house.

The birth injury case brings with it issues and difficulties that are specific to these kinds of cases. At Berman, Sobin, Gross, Feldman, and Darby LLP, we are sensitive to these delicate issues. We also have the experience, knowledge and resources to prepare and litigate the complex birth injury cases and we stand ready to prosecute these cases zealously on behalf of our clients.

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.

"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.

"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.

" wanted to thank you, in writing, for your kindness and prompt response. Customer service is a dying art, and you gave me hope for my family."


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.

"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.

"These guys go above and beyond! They always have your best interest in mind."

Mike W.

"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal

"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.

"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.

"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.

"I wanted to compliment your law firm on having Amanda Knott as a paralegal. She worked tirelessly for almost 2 years making sure I understood what was happening and at the same time keeping all my records straight and in order, which allowed Gretchen Rogers to represent me in the best way possibl"

Terrye G

"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.

"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.

Locations Throughout Maryland & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000