When a new baby enters the world, it should be a moment of pure happiness. However, when medical professionals make preventable mistakes during pregnancy, labor, or delivery, those joyful moments can quickly turn into heartbreak. Birth injuries caused by negligence can lead to long-term health issues, disabilities, and emotional distress for both the child and their family. In such cases, a skilled birth injury attorney can provide the legal support and expertise necessary to hold responsible parties accountable and help families secure the compensation they deserve.
What Does a Birth Injury Attorney Do?
A birth injury attorney represents families whose newborns have been harmed as a result of medical negligence during childbirth. These legal professionals investigate the circumstances surrounding the injury, analyze medical records, and consult with healthcare experts to determine whether the injury was avoidable. Their primary goal is to secure justice and financial compensation for the victims while preventing similar errors from happening to others.
Beyond litigation, a compassionate birth injury lawyer provides guidance and emotional support to families during an incredibly challenging time. They handle the legal complexities so that parents can focus on their child’s recovery and well-being.
Common Causes of Birth Injuries
Birth injuries often occur due to medical mistakes that could have been prevented with proper care. While some complications are unavoidable, others stem from a failure to follow accepted medical standards. Some of the most common causes include:
1. Delayed C-Section: When a baby is in distress, doctors must act quickly. A delay in performing a necessary cesarean section can cause oxygen deprivation and result in brain injuries.
2. Improper Use of Delivery Tools: Forceps and vacuum extractors must be used with extreme care. Incorrect use can lead to skull fractures, nerve damage, or internal bleeding in the infant.
3. Failure to Monitor Fetal Distress: Medical teams are responsible for monitoring fetal heart rate and other signs of distress. Neglecting to act on warning signs can lead to serious conditions like hypoxia or hypoxic-ischemic encephalopathy (HIE).
4. Medication Errors: Administering the wrong dosage or type of medication during labor can negatively affect both mother and child.
5. Negligent Prenatal Care: Inadequate monitoring during pregnancy may lead to undetected infections, high-risk conditions, or complications that could have been prevented with proper medical attention.
Types of Birth Injuries a Lawyer Can Handle
There are various types of birth injuries that require legal intervention. A knowledgeable birth injury attorney has experience dealing with cases involving:
Cerebral Palsy: Often caused by lack of oxygen during delivery, cerebral palsy affects movement, coordination, and posture. It is one of the most common and severe birth injuries.
Brachial Plexus Injuries (Erb’s Palsy): These injuries occur when nerves in the shoulder and arm are stretched or torn during birth, potentially resulting in partial or total paralysis.
Fractures and Dislocations: Excessive force during delivery can lead to broken bones or dislocated shoulders, particularly in larger babies or complicated births.
Brain Damage: Oxygen deprivation or improper medical handling can cause permanent brain injuries, leading to lifelong developmental challenges and medical needs.
How Birth Injury Attorneys Build a Strong Case
A successful birth injury claim depends on proving that medical negligence directly caused the child’s injury. Attorneys achieve this by thoroughly investigating the case and consulting with medical experts. The process generally involves:
1. Gathering medical records, hospital reports, and test results.
2. Consulting with independent medical specialists to evaluate standard of care.
3. Identifying negligent actions or omissions by doctors, nurses, or hospitals.
4. Calculating long-term costs of care, therapy, and loss of quality of life. 5. Filing claims and negotiating with insurance companies or proceeding to trial if necessary.
Experienced birth injury attorneys are skilled negotiators and trial advocates. They understand the tactics hospitals and insurers use to minimize payouts and fight tirelessly to ensure families receive full and fair compensation.
Compensation in Birth Injury Cases
The financial and emotional toll of a birth injury can last a lifetime. Compensation aims to ease these burdens by covering both economic and non-economic damages, including:
• Ongoing medical treatment and therapy
• Specialized equipment and assistive technology
• Lost wages and future earning potential
• Pain, suffering, and emotional distress
• Home modifications and long-term care needs
• Loss of enjoyment of life
In some cases, punitive damages may also be awarded if the medical provider’s conduct was particularly reckless or egregious. Birth injury attorneys fight to ensure that justice is served and that families have the resources they need to provide the best care for their child.
Why It’s Important to Act Quickly
Each state has a statute of limitations for filing a medical malpractice claim. Waiting too long could mean losing your right to pursue compensation. Consulting with a qualified birth injury attorney as soon as possible ensures that crucial evidence is preserved and deadlines are met.
Most birth injury lawyers offer free consultations and work on a contingency fee basis — meaning you don’t pay any legal fees unless your case is successful. This allows families to seek justice without worrying about the financial risk.
Choosing the Right Birth Injury Attorney
Selecting the right attorney is one of the most important decisions you’ll make. Look for a lawyer who specializes in birth injury cases, has a proven track record of success, and understands the medical complexities involved. Compassion, communication, and experience are key factors to consider.
Local attorneys familiar with Seattle hospitals and Washington State malpractice laws, such as the team at Moseley Collins Law, can provide the personalized attention and legal strength needed to achieve the best possible outcome for your case.
Conclusion: Hope and Justice for Families
When medical negligence results in a devastating birth injury, families deserve justice and support. A dedicated birth injury attorney can help hold negligent healthcare providers accountable and secure the financial resources necessary to care for your child’s future. No family should face such a tragedy alone — with the right legal guidance, recovery and hope are possible.
Moseley Collins Law
701 5th Ave Suite 4200, Seattle, WA 98104
(800) 426-5546