When parents entrust their child’s care to a hospital, they expect expertise, diligence, and compassion. But sometimes, that trust is broken. Pediatric medical malpractice is a deeply traumatic event, and navigating the legal, emotional, and medical aftermath can be overwhelming. At Brown & Barron, LLC, we understand the high stakes involved. Below is a look at some of the more frequent types of medical malpractice claims in Maryland involving children—and how families can respond.
Types of Pediatric Medical Malpractice Claims
Misdiagnosis or Delayed Diagnosis
Children often present with symptoms that are subtle or that mimic more benign conditions. But when hospitals or physicians fail to diagnose serious illnesses—such as infections, congenital heart defects, meningitis, or appendicitis—promptly, the consequences can become life-threatening. A delayed diagnosis can mean worsening of the disease, irreparable organ damage, or even a fatal outcome.
Birth Injuries & Neonatal Care Errors
While “birth injury” is sometimes considered separately, errors in neonatal care are a frequent source of pediatric malpractice claims. These may include mishandling during delivery (e.g., forceps or vacuum injuries), failure to respond to fetal distress, oxygen deprivation (hypoxia), or inadequate monitoring of vital signs. In the NICU (neonatal intensive care unit), errors in ventilator management, infection control, or medication dosing can be especially perilous in vulnerable infants.
Medication Errors & Dosing Mistakes
Children are not just smaller adults—their metabolic rates, organ maturity, and blood volumes differ. A dose that might be safe for an adult could be toxic for a child. Hospitals must carefully calculate pediatric dosages and verify them through cross-checks during administration. Wrong doses, incorrect dilution, or failure to catch allergic reactions can all lead to serious injury or death.
Surgical & Anesthesia Complications
Surgery on children demands precise technique, smaller instruments, and specialized knowledge. Mistakes during surgery—such as operating on the wrong anatomical site, leaving surgical materials behind, or causing nerve or organ injury—are deeply dangerous. Likewise, pediatric anesthesia carries unique risks: airway complications, improper ventilation, or incorrect anesthetic dosing can result in lasting harm.
Hospital-Acquired Infections & Sepsis
Children, especially infants or those with weakened immune systems, are particularly vulnerable to infections contracted in the hospital. Failure to follow sterile protocols, inadequate surveillance of infection risk, or delays in treating early signs of infection can escalate into sepsis or systemic complications.
Failure to Monitor or Respond to Changes
After a procedure or during an acute illness, children must be checked frequently for changes in vital signs, lab values, or neurological status. If staff neglect subtle warning signs—such as dropping oxygen levels, rising intracranial pressure, or abnormal lab results—avoidable injury may result.
Why These Cases Are Especially Challenging in Maryland
Pediatric malpractice cases demand serious expertise. The injuries are often severe and permanent; the medical systems are complex. Expert testimony is nearly always required, both from pediatric specialists and experts on standards of care. Statutes of limitations in Maryland are strict, and in cases involving children, special rules may apply regarding when the time begins to run.
Moreover, hospitals and physicians typically have robust defenses and insurance. As a result, the burden is heavy on the injured family to demonstrate negligence, causation, and damages. That’s why trusting your case to experienced trial lawyers matters.
What Parents Should Do First
Preserve Records & Documentation
Request your child’s complete medical records, imaging, lab work, and nursing notes. These will form the foundation of any legal review.
Seek Independent Medical Review
A pediatric specialist unaffiliated with the hospital should review whether the care fell below accepted standards.
Contact Experienced Counsel Promptly
Maryland has legal deadlines; delaying action can jeopardize your claim. An early legal partner can also guide expert retention, evidence preservation, and communication with insurers.
Avoid Self-Negotiations
Hospitals frequently conduct internal reviews or offer early “goodwill” gestures. Without legal representation, agreeing to a hospital’s offer may inadvertently waive your rights.
Baltimore Birth Injury Lawyer
At Brown & Barron, LLC, we have decades of combined trial experience and a deep commitment to representing families whose children have suffered harm due to medical negligence. Brown & Barron, LLC, we approach each case not just as a legal claim, but as a deeply personal journey for families seeking justice and healing. We know how painful, uncertain, and overwhelming this path can be—and we do everything we can to walk alongside you.
If your child suffered injury due to medical error in a Maryland hospital, don’t face it alone.ContactBrown & Barron, LLCtoday for a free, confidential consultation—we’ll help you understand your rights, your options, and how we can fight for the justice your family deserves. Call us or visit our website to get started.