Birth Injury Attorney Tacoma

Tacoma Birth Injury Lawyers Help Families in Washington State

Our team of birth injury lawyers at Lehmbecker Law 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 such cases and the profound effect they can have on families.

At Lehmbecker Law, our dedicated Tacoma medical malpractice attorneys are committed to securing the compensation families need to cover medical expenses, ongoing care, and emotional distress after a medical injury. We are relentless advocates for children and families, fighting for their rights through negotiation or litigation.

Washington Birth Injury Statistics

In 2021, Washington State saw an infant mortality rate of approximately 4.4 deaths per 1,000 live births, ranking Washington 39th among U.S. states in terms of infant mortality, according to WiseVoter.

These numbers emphasize the vital role that comprehensive prenatal and neonatal care plays in averting severe complications and fatalities associated with birth injuries.

Birth Injuries vs. Birth Defects

When addressing a newborn's health challenges, it's crucial to differentiate between birth injuries and birth defects.

Birth injuries are usually sustained during labor and delivery, and many can be prevented. They can arise from physical pressure on the baby, such as when tools like forceps or vacuum extractors are used incorrectly. The impact of birth injuries varies, ranging from temporary to permanent conditions that affect a child's development and overall well-being.

Birth defects typically develop during pregnancy and involve abnormalities in the baby's physical structure. These defects can be caused by various factors, including genetic predisposition, environmental exposures, or maternal health conditions. Unlike birth injuries, which result from events during childbirth, birth defects originate before the birthing process.

Most Common Types of Birth Injuries in Tacoma

Understanding the common types of birth injuries empowers parents to identify potential problems early on and seek appropriate legal and medical intervention. Here's a look at some prevalent birth injuries:

• Brachial Plexus Injuries (Erb’s Palsy): This nerve injury affects the arm and hand, often resulting from difficult deliveries like breech births or prolonged labor.
• Cerebral Palsy: While not always caused by birth trauma, this group of disorders can result from brain damage due to oxygen deprivation or mechanical injury during delivery.
• Fractures: Broken bones, most often the clavicle or collarbone, can occur during challenging deliveries or with the use of forceps or vacuum extractors.
• Caput Succedaneum: This significant scalp swelling is common and usually harmless, often subsiding within a few days.
• Cephalohematoma: Bleeding beneath the skull's fibrous covering, caused by pressure during birth, can lead to a raised area on the baby's head within the first few days.
• Perinatal Asphyxia: A lack of oxygen before, during, or shortly after birth can cause serious complications, including hypoxic-ischemic encephalopathy.
• Intracranial Hemorrhage: Bleeding within the skull or brain, often caused by delivery trauma, can have serious consequences.

Birth injuries vary significantly in severity and impact on a child's life. Our team will assess your family’s damages and work to build a case that accurately reflects your losses. Receiving a settlement can help you access services and accommodations that improve your child’s quality of life and opportunities.

What Causes Birth Injuries?

Birth injuries can be caused by a range of factors that occur during labor and delivery. Here are some common contributors to these injuries:

Prolonged or Challenging Labor

Extended labor can place undue stress on the infant, potentially leading to complications like oxygen deprivation and resulting in serious damage.

Misuse of Delivery Instruments

While forceps and vacuum extractors can assist in delivery, their improper use can cause physical harm to the baby, such as fractures or nerve injuries.

Insufficient Fetal Monitoring

Neglecting to properly monitor the baby's heart rate during labor can lead to missed signs of fetal distress, resulting in delayed interventions and preventable injuries.

Fetal Size and Presentation

A large baby, breech presentation, or other abnormal positions can create difficulties during delivery, increasing the likelihood of injury.

Premature Birth

Premature infants are inherently more susceptible to birth injuries due to their underdeveloped bodies and greater fragility compared to full-term babies.

Maternal Health Conditions

Conditions like diabetes and high blood pressure in the mother can complicate pregnancy and delivery, raising the risk of injury to the baby.

Inexperienced Medical Personnel

A lack of experience or insufficient training among healthcare providers can lead to errors in managing complex deliveries or emergencies.

Cesarean Section (C-Section) Complications

Though sometimes necessary, C-sections carry risks of surgical errors that can injure both the mother and the baby.

Understanding these birth injury causes can help you identify potential cases of medical negligence and seek legal advice promptly.

Who Is Liable for Birth Injury Medical Negligence in Tacoma, WA?

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: As the doctors responsible for childbirth, they may be held accountable for errors during labor and delivery that lead to birth injuries.
• Pediatricians: These medical professionals can also be held responsible if they fail to promptly identify and effectively address a birth injury in the newborn.
• Nurses and Midwives: Mistakes made by these providers, such as improperly using delivery tools or failing to recognize signs of fetal distress, can contribute to birth injuries.
• Hospitals and Medical Facilities: The hospital or medical facility where the birth occurs can be held liable for insufficient staffing, training, or care that contributes to a birth injury.
• Anesthesiologists: If complications arise due to incorrect administration of anesthesia during labor and delivery, the anesthesiologist may be held responsible.
• Pharmacists: If a birth injury is linked to a medication that was incorrectly prepared or dangerous, liability may extend to pharmacists or pharmaceutical manufacturers.

Your attorney will meticulously review all relevant medical records, scrutinize the actions of the healthcare staff, and examine the policies of the institution where the birth occurred.

Components of Medical Negligence in a Birth Injury Lawsuit

Establishing that medical negligence occurred in a birth injury case hinges on proving the following elements:

Duty of Care

The law establishes that healthcare providers have a legal obligation to provide competent care to their patients. In the context of childbirth, this duty is well-established, meaning healthcare providers are expected to meet recognized medical standards.

Breach of Duty

This involves demonstrating that the healthcare provider failed to uphold the standard of care expected of them. A breach can occur through either inaction (failing to perform a necessary action) or action (performing an action incorrectly).

Examples might include neglecting to monitor the fetal heart rate properly, using delivery tools inappropriately, or not responding adequately to signs of distress.

Causation

A direct link must be established between the healthcare provider's breach of duty and the resulting injury. It must be shown that the injury was a direct consequence of the provider's actions or omissions rather than due to pre-existing conditions or other external factors.

Damages

The final element involves proving that the breach of duty directly resulted in harm or damages. In birth injury cases, these damages can encompass physical injuries to the mother or child, additional medical expenses, pain and suffering, long-term disability or care requirements, and even death.

Proving these elements typically requires medical testimony to show negligence and supporting evidence, such as medical records, fetal monitoring strips, and expert evaluations.

What Damages Can Be Recovered 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 consequences.

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?

In Washington State, the deadline for filing a birth injury lawsuit, known as the statute of limitations, is typically three years from the date the injury occurred. However, certain exceptions and nuances can extend this timeframe:

Delayed Diagnosis

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

Minor's Rights

For a lawsuit brought by the child who sustained injuries at birth, the deadline is extended until the child's 18th birthday. This allows ample time for the manifestation and diagnosis of latent conditions that may not be evident in infancy.

Legal Incapacity

If the individual injured at birth is legally incapacitated due to the injury, the statute of limitations can be paused until the incapacity resolves. This protects those who cannot advocate for themselves due to their injuries.

Why Choose Our Tacoma Birth Injury Attorneys?

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