Birth Injury Attorney Seattle

Seattle Birth Injury Lawyers Assist Families Throughout Washington State

At Lehmbecker Law, our team of birth injury lawyers is committed to assisting families across Washington State who have been impacted by birth injuries. With deep knowledge of medical malpractice and personal injury law, we understand the complexities of these cases and the profound effect they can have on families.

Our attorneys work tirelessly to help families receive the compensation they deserve for medical expenses, ongoing care, and emotional distress. Whether navigating settlement negotiations or pursuing litigation, Lehmbecker Law stands as a strong advocate for the rights and well-being of injured children and their families.

Birth Injury Statistics

Between 2020 and 2022, Washington saw about 166,997 babies born. The state recorded an infant mortality rate of approximately 4.4 deaths per 1,000 live births in 2022, positioning Washington 39th among U.S. states in terms of infant mortality rates, according to data from WiseVoter.

While these statistics reflect broader health outcomes, they also underscore the critical importance of quality prenatal and neonatal care to prevent serious complications and deaths that may stem from birth injuries.

Birth Injuries vs. Birth Defects: Understanding the Difference

When it comes to the health challenges a newborn may face, it's important to distinguish between birth injuries and birth defects.

Birth injuries typically occur during the labor and delivery process and are often preventable. These injuries can result from physical pressure during birth, such as when a baby's oxygen supply is interrupted or when forceps or vacuum extraction tools are improperly used. The effects of birth injuries may be temporary or permanent, affecting a child's development and quality of life.

Birth defects, on the other hand, generally develop during pregnancy and involve malformations of body structures. These can be attributed to genetic factors, environmental exposure, or certain maternal health issues. Unlike birth injuries, birth defects are not caused by trauma during delivery but by issues that arise before birth.

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.

Common Causes of Birth Injuries

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: Extended labor can stress the baby, leading to complications, such as oxygen deprivation, which can cause serious injuries.
• Improper Use of Delivery Tools: Forceps and vacuum extractors can aid delivery, but if used incorrectly, they can cause physical injuries, such as fractures or nerve damage.
• Inadequate Monitoring: Failing to properly monitor the fetal heartbeat can lead to missed signs of distress, resulting in delayed interventions that could prevent injuries.
• Size and Position of the Baby: A large baby, a breech position, or other abnormal positioning can complicate the delivery process, increasing the risk of injury.
• Premature Delivery: Premature babies are more vulnerable to birth injuries because their bodies are less developed and more fragile compared to full-term babies.
• Maternal Health Issues: Conditions like diabetes or high blood pressure in the mother can complicate pregnancy and delivery, increasing the risk of injuries to the baby.
• Inexperienced Medical Staff: Inadequate experience or training among medical staff can lead to errors in handling complicated deliveries or emergencies.
• Cesarean Section (C-Section) Delivery: While sometimes necessary, C-sections carry risks of surgical errors that can lead to injuries both for the mother and the baby.

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

Who Is Held Responsible for Birth Injury Medical Negligence?

Determining responsibility 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 improperly 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.

Elements of Medical Negligence in a 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.

Available Compensation in a Washington Birth Injury Claim

In Washington State, families affected by birth injuries due to medical negligence can seek various forms of compensation to address the physical, emotional, and financial impacts of the injury.

Medical Expenses

This includes costs for all medical treatments related to the birth injury, both immediate and ongoing. Compensation can cover hospital stays, surgeries, medications, and any future medical expenses, including physical therapy and rehabilitation.

Pain and Suffering

Compensation for pain and suffering addresses the physical pain and emotional distress suffered by the child and parents. This is especially relevant in cases where the birth injury results in long-term or permanent disability.

Life Care Costs

For serious injuries, there may be a need for lifelong care, which can include professional care services, home modifications, and specialized equipment. Compensation for life care costs helps ensure that the child's future care needs are financially supported.

Emotional Distress

Parents and children may also receive compensation for the psychological impact of a birth injury. This covers therapy and counseling services needed due to trauma or stress related to the injury and its aftermath.

Punitive Damages

In cases where the negligence is found to be especially egregious, punitive damages may be awarded. These are not tied to specific losses but are intended to punish the wrongdoer and deter similar negligent behavior.

Wrongful Death

If a birth injury leads to 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 emotional distress suffered by the family.

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

In Washington State, the time limit for filing a birth injury claim, known as the statute of limitations, is generally three years from the date of the injury. However, there are important exceptions and nuances to consider.

Discovery Rule

If the injury was not immediately apparent, Washington State allows claims to be filed within three years from the date the injury was discovered or reasonably should have been discovered. This rule acknowledges that some injuries, particularly those involving minors, may not become evident until some time after the event.

Minors

For children, the statute of limitations is extended. A birth injury claim can be filed at any time before the child’s eighth birthday. This extension provides families with additional time to identify injuries that might not manifest symptoms until several years after birth.

Tolling for Disability

If the person injured by medical negligence is considered legally incapacitated, the statute may be paused until the incapacity ends. This is particularly relevant in cases where the birth injury results in long-term cognitive or physical disabilities.

Why Choose Our Seattle Birth Injury Attorneys?

Choosing the right attorney is critical when dealing with the consequences of a birth injury. Our birth injury attorneys at Lehmbecker Law stand out for several compelling reasons: