Seattle Birth Injury Attorney
The last thing you may expect during the birth of your child is a serious personal injury. Unfortunately, negligent doctors and complicated births can lead to injuries and damage to both child and mother. Hiring a lawyer can be the best way to protect your rights and fight back against a negligent obstetrician, gynecologist, surgeon, or birthing center. If you believe you have a birth injury claim, contact the Seattle birth injury lawyers at Washington Injury Law to schedule a free consultation today.
Why Choose Washington Injury Law?
- We always put our clients first. Our personal injury lawyers in Seattle understand how difficult the aftermath of a birth injury can be. It is our mission to make it as simple as possible for clients.
- Our Seattle attorney will treat your case with compassion. We are passionate about protecting infants’ rights and believe in giving a voice to those who do not have one.
- We will not charge anything if we do not win. Our personal injury firm operates on a contingency fee basis. You will only pay attorney’s fees if we secure you a monetary award.
Why You Need a Seattle Birth Injury Lawyer
According to recent studies, out of every 1,000 births, 6-8 are born with a birth injury. Birth injuries typically fall under the umbrella of medical malpractice law. To win a birth injury case, you will have to prove the defendant is guilty of medical malpractice, and that your child suffered his or her injuries as a result. A birth injury lawyer can help you with this burden of proof, taking over your case while you spend time with your new son or daughter. Hiring an attorney can strengthen your odds of winning your case and get you the compensation you require to pay for medical bills, special education, lost opportunities, and other damages.
What Causes Birth Injuries?
A birth injury is a specific class of medical malpractice that impacts the child and/or mother. It is every physician’s legal duty to uphold the standards of the medical profession in handling the birth of a child. Many types of negligence, recklessness, and carelessness could cause a birth injury.
- Failure to diagnose maternal diabetes or infections
- Failure to monitor fetal vital signs
- Inappropriate use of birthing tools
- Failure to order an emergency C-section
- Lack of proper treatment for infant jaundice
- Negligence-related injuries, such as dropping the infant
- Labor and delivery injuries
If at any time the presiding physician breaches his or her duty of care to mother or baby, causing a birth injury, that physician could be legally responsible for damages. Identifying the liable party is one of the first steps toward claiming damages.
Types of Birth Injuries
Any type of birth injury can be traumatic for your infant and your family. It is important to speak to a Seattle birth injury attorney after any type of harm befalls you or your child before, during, or after pregnancy. A negligent physician or another party could be liable for your damages.
- Fractures and lacerations
- Facial paralysis
- Shoulder dystocia
- Brachial Plexus
- Untreated jaundice
- Brain injuries
- Spinal cord injuries
- Cerebral palsy
- Erb’s palsy
Some injuries inflicted at birth can follow a child for life. Cerebral palsy, for example, is an incurable neurological condition that can affect a child’s ability to walk, talk, eat, and learn. Medical malpractice may cause cerebral palsy by damaging the infant’s brain during development. As a parent, it is your right to seek justice for your child’s birth injuries.
Who Is Liable for Your Family’s Damages?
In many birth injury cases, the physician responsible for causing the injury is individually liable. Many doctors and surgeons are independent contractors, not employees of the hospital. If, however, an employee such as a nurse or maintenance crew member causes the birth injury, the facility may be vicariously liable. The facility could also bear liability for its own acts of negligence, such as lack of proper employee training or failure to maintain medical equipment. A Seattle birth injury lawyer can investigate your claim and help you identify the at-fault party or parties.
What Damages Can I Receive From a Birth Injury Claim?
In addition to the emotional and physical toll a birth injury can take on the injured child and the family, there are other types of issues that are deserving of financial compensation. This includes:
- Current and future medical bills
- Pain and suffering
- Treatment expenses
- Physical therapy
- Special equipment, such as a wheelchair ramp and other household adjustments
- Damages for the decreased quality of life for the child
How Long Do I Have to File a Birth Injury Claim?
In Washington state, there is a complex statue of limitations when it comes to filing a birth injury claim against the negligent party. Specifically for a birth injury case, Washington mandates that a claim is filed within three years of the birth injury. Because of this, a family with a serious birth injury claim should contact a birth injury attorney in Washington state as soon as possible. There will need to be in-depth consultations with top medical experts in order to effectively prepare for the potential trial. In most cases, the judge will insist on a mediation regarding a settlement before the actual trial date is scheduled.
How Long Does a Birth Injury Lawsuit Take?
Birth injury cases can be very complex with many moving parts. There are four essential parts that are needed when filing a birth injury claim. These include:
- You will need proof that the other party owed a duty of care to you and your child. An example of this would be the formal doctor – patient relationship that you have with your medical provider. All medical professionals need to uphold a certain standard of care.
- The next step is gathering proof that the other party breached their duty of care and did something a reasonable professional would not have done.
- The third step is proving the breach caused your child’s injuries with the help of a medical expert.
Let Our Seattle Birth Injury Attorney Help Your Family Recover
The Seattle birth injury attorneys at Washington Injury Law are passionate about protecting the rights of infants and their families. We can advocate for your child’s rights in the face of negligence, malpractice, or intent to harm. If your child suffered serious injuries, a permanent disability, or wrongful death, contact us to schedule a free consultation today.