Birth Fracture Attorney in Baltimore

Medical Malpractice Claims for Bone Fractures Caused During Labor & Delivery

When a fracture occurs during delivery, it points to a specific set of clinical decisions: how a provider managed shoulder dystocia, whether forceps or a vacuum extractor were applied correctly, how much force was used. These are distinct questions from those raised in neurological or genetic birth injury claims, and they require focused investigation. At Miller Stern Lawyers LLC, our Baltimore medical malpractice team represents families whose newborns suffered a fracture during labor or delivery, and we pursue these cases with the same direct involvement that defines how we handle every matter we take on.

If your infant was diagnosed with a fracture after delivery, or you suspect one went undetected, contact us today for a free consultation. Call (410) 529-3476 to speak with our team.

Common Birth Fractures & Their Causes

Three types of bone fractures appear most often in birth injury claims. Understanding which fracture occurred, and how, is the foundation of any malpractice analysis.

Clavicle (Collarbone) Fractures
The clavicle is the most frequently fractured bone during childbirth. Because most deliveries are head-first, the infant’s shoulders must negotiate the birth canal. When shoulder dystocia occurs and the baby’s shoulder becomes caught behind the mother’s pelvic bone, improper or excessive force to free the shoulder can fracture the collarbone.

Humerus Fractures
Fractures of the upper arm bone are less common but can result from the same type of difficult delivery. Traction applied at the wrong angle during a shoulder dystocia maneuver can place the humerus under forces it cannot absorb. These fractures sometimes occur alongside brachial plexus injuries, which involve damage to the nerve network running from the spine to the arm.

Skull Fractures
A newborn’s skull has unfused sections called fontanelles, making it more vulnerable to compression injury. Excessive pressure from forceps or incorrect placement of a vacuum extractor can cause a linear or depressed skull fracture. Because of their proximity to the brain, skull fractures at birth demand immediate evaluation.

Why Birth Fractures Are Sometimes Missed

A newborn can’t tell you where it hurts. Parents and providers must rely on physical signs: reduced movement in one arm, swelling along the collarbone, an asymmetrical Moro reflex, or unusual distress when the baby is handled. These signs don’t always surface within the first hours after delivery.

A treating physician who overlooks a suspected fracture, or who fails to inform parents that one may have occurred, can compound the original harm. Delayed diagnosis can affect treatment timing and may limit a family’s ability to document what happened in the delivery room. If you weren’t told about a fracture and later discovered one, that sequence of events matters to your claim.

Building a Birth Fracture Malpractice Claim in Maryland

A medical malpractice claim requires establishing four elements: the provider owed a duty of care, that duty was breached by departing from the accepted standard of care, the breach caused the specific injury, and the injury produced damages. In birth fracture cases, the breach typically centers on how the provider responded to a complication during delivery.

Maryland’s Procedural Requirements

Maryland adds procedural steps before a case can reach circuit court. A claim must first be filed with the Health Care Alternative Dispute Resolution Office. Within 90 days of that filing, the plaintiff must submit a Certificate of Qualified Expert, a document from a qualified medical professional attesting that the provider departed from the standard of care and that the departure caused the injury. Cases tied to Baltimore City hospitals typically proceed in the Circuit Court for Baltimore City once the administrative process is complete.

Maryland also caps non-economic damages in medical malpractice cases, though economic damages such as medical costs and lost future earnings are not capped. We can explain how these rules apply to your specific situation during your consultation.

Maryland’s Filing Deadlines for Birth Fracture Claims

Maryland generally requires medical malpractice actions to be filed within the earlier of five years from the date of the injury or three years from the date the injury was discovered. For birth fractures, a more protective rule applies: because the injured person was a minor at the time of injury, the filing clock doesn’t start until the child turns 11.

Even with that extended window, waiting creates real risks. Delivery-room records can be harder to obtain, memories fade, and attending nurses or physicians may become more difficult to locate. Acting while documentation is current can protect your family’s options.

Why Baltimore Families Work With Miller Stern Lawyers LLC

We operate as a boutique practice, which means every team member is directly involved in each case. Files don’t get handed off when they get complicated. You work with the same people from initial consultation through resolution, and they know the details of your case because they’ve been there from the beginning.

Our legal professionals have represented thousands of clients and contributed to settlements and verdicts collectively worth hundreds of millions of dollars. We serve clients in English, Hebrew, and Spanish, because access to clear legal communication shouldn’t depend on the language spoken at home.

Start With a Free Consultation

We take birth fracture cases on a No Fee Unless We Win basis. You won’t owe us anything unless we recover for you. To discuss what happened during your child’s delivery and whether you may have a viable claim, call us or reach out online to schedule your free consultation.

Contact Miller Stern Lawyers LLC today at (410) 529-3476. Our team is ready to listen and can help you understand your options.