Birth Injury Attorney Bellevue

Our Bellevue Birth Injury Lawyers Help Families Across Washington State

At Lehmbecker Law, our Bellevue birth injury lawyers are dedicated to supporting families across Washington State who have been affected by the devastating impact of birth injuries. We have extensive experience navigating the intricate world of medical malpractice and personal injury lawsuits.

Our Bellevue medical malpractice attorneys at Lehmbecker Law are dedicated to tirelessly advocating for families affected by medical negligence, fighting for the full compensation they deserve for medical costs, ongoing care needs, and emotional suffering. Whether through skilled negotiation or determined litigation, we are steadfast champions for the rights and well-being of injured children and their families.

Birth Injury Rate in Washington State

Washington State recorded an infant mortality rate of approximately 4.4 deaths per 1,000 live births in 2021, positioning Washington 39th among U.S. states in terms of infant mortality rates, according to data from WiseVoter.

These figures highlight the critical importance of high-quality prenatal and neonatal care in preventing serious complications and deaths that can result from birth injuries.

Birth Injuries vs. Birth Defects: What’s the Difference?

When facing health challenges in newborns, it's essential to distinguish between birth injuries and birth defects, as they differ in origin and nature.

Birth injuries are typically sustained during the process of labor and delivery, often stemming from avoidable events. These can result from physical pressure on the baby, oxygen deprivation, or improper use of tools like forceps or vacuum extractors. The consequences of birth injuries can range from temporary setbacks to lifelong disabilities, impacting a child's development and well-being.

In contrast, birth defects usually arise during pregnancy and involve structural anomalies in the baby's body. These defects may be attributed to genetic predispositions, environmental factors, or specific maternal health conditions. Unlike birth injuries, birth defects are not caused by trauma during delivery but are present before the birthing process begins.

Most Common Causes of Birth Injuries in Bellevue, WA

Birth injuries can result from a variety of factors during the labor and delivery process. Here are some of the common causes of birth injuries:

• Prolonged or Difficult Labor Process: Extended labor can significantly stress the infant, potentially leading to complications like oxygen deprivation.
• Incorrect Use of Delivery Aids: While forceps and vacuum extractors can be helpful in certain deliveries, incorrect utilization can lead to fractures or nerve damage.
• Insufficient Fetal Monitoring: Failure to adequately monitor the fetal heartbeat may result in overlooking signs of distress, delaying crucial interventions.
• Fetal Size and Positioning: Factors like a large baby, breech presentation, or other unusual positions can complicate the birthing process, increasing the risk of injury.
• Preterm Birth: Premature infants are inherently more vulnerable to birth injuries due to their underdeveloped bodies and heightened fragility compared to full-term babies.
• Maternal Health Conditions: Certain maternal conditions, such as diabetes or hypertension, can introduce complexities during pregnancy and delivery.
• Lack of Medical Expertise: Inadequate experience or training among medical personnel can result in errors during challenging deliveries or emergencies.
• Cesarean Delivery Complications: While occasionally necessary, C-sections carry inherent risks of surgical errors that can injure both mother and baby.

Understanding these causes is crucial for preventing injuries and for identifying potential cases of medical negligence.

Common Types of Birth Injuries

Birth injuries can vary in severity and impact on a child's life. Knowing the common types can help parents identify potential issues early and seek appropriate legal and medical assistance. Here are some of the most frequently encountered birth injuries:

Brachial Plexus Injuries (Erb’s Palsy)

These injuries involve damage to the brachial plexus, the network of nerves near the neck that influences the arms and hands. They often occur during a difficult delivery, such as with a breech presentation or prolonged labor, resulting in loss of movement or weakness in the arm.

Cerebral Palsy

This group of disorders affects muscle movement and coordination. While not always the result of birth injuries, cerebral palsy can be caused by brain damage due to lack of oxygen during labor or mechanical trauma during delivery.

Fractures

Commonly, fractures during birth involve the clavicle or collarbone but can occur in other bones as well. These typically happen during complicated deliveries or when tools like forceps or vacuum extractors are used.

Caput Succedaneum

A significant swelling of the soft tissues of the baby's scalp can develop as the baby travels through the birth canal. The swelling usually decreases after a few days but can be alarming.

Cephalohematoma

This refers to bleeding between the skull and its fibrous covering, usually caused by pressure during birth. It may not be noticeable immediately but can cause a raised area on the baby's head that appears within the first few days of life.

Perinatal Asphyxia

This occurs when the baby does not receive enough oxygen before, during, or just after birth, which can lead to hypoxic-ischemic encephalopathy and other severe complications.

Intracranial Hemorrhage

Bleeding under one of the cranial bones or within the brain itself is often due to trauma during delivery. It can have serious consequences depending on the location and extent of the bleeding.

Who Can Be Held Responsible for Birth Injuries?

Determining liability for birth injuries, medical malpractice, and negligence involves identifying which parties failed to provide the standard of care required during childbirth. Here are the parties typically considered in such cases:

• Obstetricians/Gynecologists: These are the doctors most directly involved in childbirth; if they make errors, they could be held liable.
• Pediatricians: These medical professionals may also be held responsible if they fail to diagnose or treat a birth injury in a timely and effective manner following delivery.
• Nurses and Midwives: Errors made by these providers, such as improperly using delivery tools or failing to alert doctors to fetal distress, can contribute to birth injuries.
• Hospitals and Medical Facilities: The hospital or facility where the birth takes place can be held liable for systemic issues, such as inadequate staffing and poor training.
• Anesthesiologists: If improper administration of anesthesia occurs during labor and delivery, an anesthesiologist could be held responsible for any resulting complications.
• Pharmacists or Pharmaceutical Companies: If a birth injury is linked to a medication that was poorly prepared or dangerous, pharmacists or manufacturers might be liable.

Your legal team will conduct a thorough investigation into the medical records, the practices of the healthcare staff, and the policies of the institution where the birth took place.

Medical Negligence Elements in a Bellevue Birth Injury Lawsuit

In a birth injury case, proving medical negligence involves demonstrating several key elements. Here are the primary components that must be established:

Duty of Care

It must be shown that the healthcare provider had a duty of care toward the patient. In the context of childbirth, this duty is inherent, as healthcare providers are expected to deliver a standard of care that is consistent with their professional training and the medical community's standards.

Breach of Duty

This element involves proving that the healthcare provider failed to adhere to the standard of care. A breach might occur through acts of omission (failing to do something necessary) or commission (doing something improperly).

Examples include failing to monitor the fetal heartbeat adequately, improperly using delivery tools, or not responding appropriately to signs of distress.

Causation

There must be a direct link between the healthcare provider's breach of duty and the injury suffered. This means proving that the injury was a direct result of the provider’s actions or inaction rather than a result of underlying medical conditions or other external factors.

Damages

Finally, it must be demonstrated that the breach of duty caused damages. In birth injury cases, these damages can include physical harm to the mother or child, additional medical costs, pain and suffering, long-term disability or care needs, and death.

Proving these elements typically requires the testimony of medical experts who can confirm that the care provided fell below the accepted standard and directly caused the injury. Documentation, such as medical records, fetal monitoring strips, and evaluations, play crucial roles in substantiating the claim.

What Compensation Can You Get in a Washington State Birth Injury Claim?

Families impacted by birth injuries caused by medical negligence may seek various forms of compensation to address the physical, emotional, and financial consequences of the injury.

Medical Expenses

This category encompasses costs for all medical treatments related to the birth injury, both immediate and long-term. Compensation can cover hospital stays, surgical procedures, medications, and any future medical needs, including physical therapy and rehabilitation.

Pain and Suffering

Damages for pain and suffering address the physical pain and emotional distress experienced by both the child and parents, which is especially relevant in cases involving lasting or permanent disabilities.

Compensation for the psychological toll of a birth injury can cover therapy and counseling services required due to trauma or stress stemming from the injury and its aftermath.

Life Care Costs

Severe injuries may necessitate lifelong care, including professional care services, home modifications, and specialized equipment. Compensation for life care costs aims to secure financial resources for the child's future care needs.

Punitive Damages

In instances of particularly egregious negligence, punitive damages may be awarded to punish the responsible party and discourage similar negligent behavior.

Wrongful Death

If a birth injury tragically results in the death of a child, parents may file a wrongful death claim. Compensation in these cases can include funeral and burial expenses, loss of love and companionship, and the emotional distress suffered by the family.

How Much Time Do I Have to File a Birth Injury Claim in Washington State?

In Washington State, the deadline for initiating legal action for a birth injury, also known as the statute of limitations, is typically three years from the date of the injury. However, some crucial exceptions and intricacies could affect this timeframe:

Delayed Discovery Exception

If the injury was not immediately evident, the deadline extends to three years from the date the injury was discovered or reasonably should have been discovered. This recognizes that some injuries, particularly in children, may not be apparent right away.

Extended Time Limit for Minors

For birth injuries suffered by children, a lawsuit can be initiated any time before the child's eighth birthday. This provides families additional time to identify and address injuries that might not present symptoms until later in childhood.

Tolling for Disability

If the person harmed by medical negligence is deemed legally incapacitated, the time limit for filing a claim may be suspended until the incapacity ends. This provision safeguards individuals whose injuries prevent them from pursuing legal action promptly.

Why Choose Our Bellevue Birth Injury Attorneys?

When facing the challenges of a birth injury, choosing the right legal team is crucial. At Lehmbecker Law, our Bellevue birth injury attorneys offer: