Birth Fracture Attorney in Maryland
30 Years of Trial Experience Fighting for Families Harmed During Delivery
A birth fracture is a broken bone sustained during labor or delivery, most often involving the clavicle, skull, or humerus. Some fractures happen despite a delivery team doing everything correctly. Others result from a provider’s failure to recognize complications, improper use of forceps or vacuum extractors, or a technique error during a difficult birth. Telling the difference is where the legal work begins.
The Law Firm of Michael H. Bereston, Inc. has spent 30 years building trial experience in complex obstetric malpractice claims. Our practice centers on representing children and families harmed by birth injury malpractice, and we hold at-fault healthcare professionals and facilities accountable for the full scope of a child’s losses, expenses, and lifetime care needs. We serve families throughout Maryland, the D.C. metro area, and nationwide from our Annapolis office.
If you believe your child’s fracture resulted from negligent care during delivery, contact us today o call at (410) 220-6581. We offer free, confidential consultations and represent clients on a contingency-fee basis, so there’s no cost to get started.
Common Types of Birth Fractures & What Causes Them
Newborn bones are more pliable than adult bones, which means fractures typically occur when normal delivery forces are compounded by a complication or a provider’s technique error. Three fracture types appear most frequently in birth injury claims.
Clavicle Fractures
Clavicle fractures are among the most common delivery-related breaks and are frequently linked to shoulder dystocia, a complication where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. When a provider responds with excessive downward traction rather than recognized obstetric maneuvers, the clavicle can snap under the force.
Skull Fractures
An infant’s skull plates are still fusing at birth. Forceps or vacuum extractors applied with too much force, or positioned incorrectly, can fracture these plates. Skull fractures carry serious risks and often raise direct questions about whether the decision to use assistive delivery tools was appropriate given the circumstances.
Humerus Fractures
Excessive traction on an infant’s arm or shoulder during a difficult delivery can fracture the humerus. The same mechanism can stretch the brachial plexus nerves, contributing to Erb’s palsy. When both injuries appear together, it can signal that the force applied during delivery exceeded what the situation required.
Across all three types, common causes include failure to order a timely cesarean section for a large baby or narrow birth canal, mismanaged shoulder dystocia, and improper use of forceps or vacuum extractors.
How We Prove a Birth Fracture Resulted From Negligence
The central question in most birth fracture cases isn’t whether a fracture occurred. It’s whether the fracture resulted from unavoidable birth forces or from a provider’s breach of the accepted standard of care. A medical malpractice claim requires proving a duty of care existed, that the provider breached that duty, and that the breach caused the injury. In birth fracture cases, causation is often the most contested element.
Maryland also requires a Certificate of a Qualified Expert before a malpractice claim can proceed. This certificate confirms that a qualified medical professional has reviewed the case and determined there is a basis for the claim. We work with independent medical experts across obstetrics, neonatology, and related disciplines to evaluate the delivery records, identify where the standard of care was breached, and build the evidentiary foundation the case requires.
Why Maryland Families Choose The Law Firm of Michael H. Bereston, Inc.
We take on a limited number of cases each year. That decision is deliberate. It means every client receives thorough, individualized attention from intake through resolution, and it means we can pursue the maximum possible compensation in each case we handle rather than moving files through a high-volume practice.
Our approach to birth fracture claims reflects the same principle that has defined our work for three decades: prepare every case as if it will go to trial, use credible independent medical experts to anchor the causation analysis, and fight for what the child and family are actually owed.
-
"Supportive and clear communication."
- Cathleen O. -
"A positive experience from the start. He found things other lawyers did not find. Those things were not all easy to find out. He delivered hard to hear facts about the case in as good a way as you could hope."
- Ryan -
"Mr. Bereston represented me in my case. I found him to be very knowledgeable, professional and easy to talk to about any questions I had concerning my case. He would always promptly return my calls if I had any concerns or questions as the case went on."
- Clyde G. -
"They truly love what they do and love each and every one of their clients like they are their own family."
- Shauna G.
Compensation Available in a Maryland Birth Fracture Claim
A birth fracture claim can pursue compensation for the full range of losses the child and family have suffered, including past and future medical expenses, rehabilitative and occupational therapy, and damages for pain and suffering. Where a fracture has caused lasting complications such as nerve damage or impaired limb function, the compensation sought should account for the child’s ongoing care needs over a lifetime.
Maryland’s Filing Deadline for Birth Fracture Claims
Under Maryland Courts and Judicial Proceedings §5-109, a medical malpractice claim generally must be filed within the earlier of five years from the date of injury or three years from the date the injury was discovered. For a child who was under age 11 at the time of the injury, the filing clock doesn’t begin until the child turns 11. These are general rules, and exceptions apply. A parent or guardian typically files a birth injury claim on behalf of the injured child. We encourage families to consult with us directly to confirm the deadline that applies to their specific situation.
Our goal in each case we handle is to obtain the maximum compensation for our clients, which is why we only take on a limited number of cases each year.