Advocating for Parents of Injured Children
Having a baby is a joyous occasion. But if your child suffered an injury during birth because of medical negligence, that joy may be overshadowed by your experience. Birth injuries can impact your child for the rest of their life, causing pain, expensive medical costs, and, in tragic cases, even fatalities.
If you and your family have suffered because of a birth injury, you need a personal injury lawyer on your side. Medical negligence is dangerous and can even be deadly. Your child’s birth injury has probably cost you thousands of dollars in expenses, lost income, and pain and suffering.
At LawMD, our attorneys are doctors, too. We understand the medical field, and we know how to use your child’s medical records to pursue a birth injury case. We’ve helped many clients just like you in Washington D.C. recover compensation for what they have gone through.
Please don’t feel like you must navigate this challenging situation on your own. For more information about our services, contact us today.
What is a Birth Injury?
A birth injury is an injury caused by mistakes or delays in care before, during, or after birth. Birth injuries can be caused by doctors, nurses, hospital staff members, and other healthcare professionals.
For instance, if you went to the doctor with signs of an infection during pregnancy, but your doctor failed to diagnose and treat that infection, it could lead to injuries for your unborn child. Because your doctor made a mistake, you may have a valid birth injury claim. Or, let’s say that your baby started showing signs of distress in the womb, but your healthcare provider did not promptly deliver the baby to avoid injuries. If your baby develops a brain injury, you could pursue a birth injury case.
Not all birth injuries happen because of medical malpractice. Some birth injuries occur because of other complications or genetics. However, if your doctor or healthcare provider fails to meet the standard of care for you or your child, you can sue them for medical negligence.
What Are the Most Common Causes of Birth Injuries?
Birth injuries can happen because of a mistake or negligence before, during, or after birth. When medical staff fail to provide proper care, innocent victims can be injured for life.
The most common causes of birth injuries are:
- Failure to monitor and record the baby’s heart rate
- Failure to recognize high-risk deliveries
- Failure to respond to fetal distress
- Allowing oxygen deprivation
- Failure to diagnose and treat issues before delivery
- Failure to identify umbilical cord issues
- Delays in or failure to request assistance
- Medication errors
- Failure to follow protocols and procedures
- Monitoring errors
- Delays in addressing complications during birth
- Failure to treat excessive bilirubin
- Failure to order a timely C-section
- Incorrect use of delivery instruments, like vacuum extractors and forceps
Even if you don’t know the exact cause of your child’s birth injury, our attorneys can help. Because most of our attorneys are medical professionals, we have the knowledge and know-how to comb through your child’s medical records and determine exactly how they were hurt. For more information about birth injury claims, contact our team today.
What Are the Main Types of Birth Injuries?
Birth injuries can range from mild to severe. Many children who suffer injuries at birth live with life-long symptoms. Your child may have additional medical needs and will likely require extensive medical care for years to come.
The most common birth injuries in Washington D.C. include:
Brain Damage
A brain injury is a very complex type of injury that’s difficult to treat. In most cases, it happens when a pregnant mother has an infection or an illness that is not diagnosed or treated. Brain damage can also happen during birth if there is physical trauma or a delay in delivery. Brain damage can cause developmental delays, seizures, and an abnormal physical appearance.
Cerebral Palsy
Cerebral palsy affects motor skills and muscles in the body. It can be caused by physical trauma during birth, untreated infections during pregnancy, oxygen deprivation, and more. A child diagnosed with cerebral palsy may have a range of symptoms, including a limited ability to eat, talk, and control their bowels.
Klumpke’s Palsy
Klumpke’s palsy often happens because of shoulder dystocia. It’s a type of arm paralysis that can occur when a baby’s shoulder becomes lodged in the mother’s pelvis during birth. If a healthcare provider does not immediately address this emergency situation, then the baby can develop permanent injuries. Doctors can sometimes predict when shoulder dystocia may happen and can recommend a C-section to avoid injuries.
Erb’s Palsy
Erb’s palsy, also called brachial plexus palsy, happens when the nerves of the brachial plexus are damaged. Your baby’s arms or hands may be affected by this condition. The brachial plexus sends signals from the spine to the extremities. When it is damaged, those signals can be disrupted, leading to a permanent disability.
Cephalohematoma
A cephalohematoma happens when blood pools under a baby’s cranium. In most cases, this injury appears after delivery and is often caused by birth-assisting tools. While this condition isn’t always harmful, it can cause infections, anemia, and meningitis.
Fractures
Fractures can happen during childbirth, especially if there are any complications. If a doctor pulls too hard during a breech delivery, for instance, they can cause bone fractures. While some types of fractures heal relatively easily, others can cause severe complications.
What Are the Common Consequences of Birth Injuries?
Children with birth injuries often have additional needs that must be met immediately. In many cases, parents have to pay extra for medical necessities for their child. Homes might need to be reconfigured, and severely injured children may even require special equipment or care accessories.
The most common long-term consequences of a birth injury include:
Rehabilitation
Rehabilitation care, nursing care, physical therapy, and occupational therapy may be required for your child. The costs for these kinds of specialists add up quickly, and many health insurance plans do not cover all the treatments your child will need.
Long-Term Medical Care
Victims of birth injuries often require extensive medical care after their delivery. Long-term care may be needed to manage certain conditions. Medical care can range from visits with specialists to expensive medications. Home care, special schooling, and surgeries may also be required.
Medical Equipment
Birth injuries can result in the need for walkers, foot braces, wheelchairs, oxygen, and more. Not only is this equipment expensive, but using it can require you to modify your home and vehicle, too. You may need adaptive highchairs, special car seats, modified bathtubs, or a handicap van to accommodate your child.
Loss of Income
Most parents have to take time off work to care for their injured child. This lost income adds up over time, especially if one parent has to quit their job to become a full-time carer.
Developmental Delays
Some birth injuries, especially those that affect the brain, can impact your child’s development. Many children with birth injuries struggle to reach developmental milestones.
Behavioral Problems
Some children with birth injuries develop behavioral problems later in life. Your child may struggle in school or daycare, especially if they suffered a brain injury before or during birth.
What is the Statute of Limitations for Birth Injury Lawsuits?
Most personal injury claims are limited by a specific timeframe. In Washington D.C., you have three years from the date the injury occurred or the date the injury was discovered to file a lawsuit. If your child dies during childbirth or because of a birth injury, you have two years from the date of their death to pursue a birth injury lawsuit.
While exceptions to the statute of limitations exist, they are rare. For instance, if a defendant attempts to conceal their malpractice or leaves the state, the statute of limitations can be paused. Minors have three years to file lawsuits on their own after they turn 18.
While two to three years may seem like plenty of time, it can go by quickly. Filing a birth injury claim can take weeks or months, especially if you need to gather medical evidence or get testimonies from medical professionals. For the best chance at getting the outcome you deserve, speak to a birth injury lawyer on our team today.
Many insurance companies will offer families a low settlement immediately after a claim is filed. Unfortunately, this settlement likely won’t be enough to cover all of your expenses. With an experienced birth injury lawyer on your side, you can negotiate with insurance agents to get the payment you deserve.
What Should You Do if Your Child Has Suffered a Birth Injury?
Realizing that your child has been injured during birth is a traumatic experience. You may be dealing with medical appointments, medical equipment, specialists, and more. Taking the right steps now will help you seek justice and recover compensation for your birth injury claim.
If your child has suffered a birth injury, be sure to do the following:
Get Your Child Medical Care
The most important thing right now is the health and safety of your child. Take them to a medical professional who can meet their needs and provide them with a long-term care plan. You may have to see specialists or get multiple opinions about your child’s injury.
Collect Medical Records
Your child’s birth injury can be proven with their medical records. Request a copy from the hospital where they were born or treated after their injury. You can also request your own medical records if they are relevant.
Record Your Damages
Damages include any financial losses you and your family have suffered because of the birth injury. As you continue paying for things like medication, medical equipment, and doctor’s appointments, keep a record of all of them. You can use this evidence in your birth injury lawsuit.
Speak to Our Legal Team
The sooner you approach us with details about your case, the sooner we can begin gathering evidence and pursuing your claim. Whether you simply have questions or want to know what your next steps are, contact our experienced attorneys for a consultation today.
What Kinds of Damages Can You Receive in a Birth Injury Claim?
Birth injury claims have one main goal, which is to recover compensation for the losses you and your family have suffered. Losses are categorized as damages, which can range from medical costs to pain and suffering. Our team can help you calculate all of your damages to request full and fair compensation for the experience you have gone through.
In Washington D.C., birth injury victims may be able to request the following types of damages:
Special Damages
Special damages are economic losses, meaning a tangible loss of money. They often include past and future medical expenses, home care, special schooling, future lost wages, hospitalizations, medical equipment, medications, and more.
General Damages
General damages cover any non-economic losses. In most cases, these losses are related to your emotional well-being. They often include pain and suffering, embarrassment, emotional distress, permanent disability, and psychological suffering.
How Do You Prove Negligence?
To get a positive outcome in a birth injury case, you must be able to prove negligence. Negligence isn’t just when a medical professional makes a mistake — it means they provided a lower standard of care than they would to other patients in a similar position.
In a birth injury claim, negligence is defined as the following:
- A healthcare professional had a duty of care to you or your child
- The healthcare professional breached their duty of care
- Their breach caused your child’s birth injury
- Those injuries resulted in damages
Medical negligence can be difficult to prove on your own. With our birth injury attorneys on your side, you can use medical records and medical testimonies to prove that your child’s birth injury was the result of medical malpractice. If you can prove negligence, it is very likely that you’ll get the outcome you deserve in your birth injury case.
Who Can be Held Liable for a Birth Injury?
Doctors are not the only healthcare professionals who can be held responsible for a medical injury. There are many healthcare providers who could have been involved in your labor and delivery process, all of whom can be liable for your child’s injuries.
Many birth injury cases involve:
- OB-GYNs
- Medical residents
- Nurses
- Midwives
- Hospital staff
- Physician’s assistants
- Manufacturers of medical instruments
If any medical professional does not provide you or your child with the standard amount of care, they can be held liable in a birth injury lawsuit. When you work with our team, we will ask you more about your experience and who was involved to ensure we hold all liable parties responsible for their actions.
What Does a Birth Injury Lawyer Do?
At our law firm, our birth injury attorneys are also medical professionals. When we take on your case, we’ll walk you through the entire process from beginning to end, answering your questions and fighting for your rights until you get the outcome you deserve.
Our legal team will do the following:
- Investigate your case, getting all the facts from you and your family members about your child’s birth injury
- Examine medical records showing the extent of the injuries
- Get testimonies from medical professionals about your child’s injuries
- Talk to witnesses who saw how your child was injured
- Negotiate with insurance companies to get you the settlement you deserve
- Take your case to court by filing a lawsuit if necessary
Are You Ready to Talk to a Birth Injury Attorney?
Birth injuries can be devastating for you and your family. Medical malpractice can lead to long-term consequences for your child. Holding liable parties accountable for their actions will not only help you recover compensation but seek justice as well.
Our team at LawMD is made up of legal professionals who have experience in the medical field. We have helped countless clients like you get the compensation they need after a birth injury. We understand how difficult this time can be for you and your loved ones, and we are committed to fighting for your rights until you get the outcome you deserve. Please don’t feel like you must handle this alone. Contact us today to start your birth injury case.