How Can Parents Pursue Justice for Birth Injuries Caused by Medical Negligence?
Feb. 26, 2025
The birth of a child should be one of the happiest moments for any parent. Unfortunately, for some families, childbirth becomes a traumatic event due to birth injuries caused by medical negligence. These injuries can be devastating, affecting not only the child’s health but the well-being of the entire family.
If your child has suffered birth injuries, you must hold the responsible parties accountable and make sure your child receives the care it needs.
At the Law Office of Dan N. Fiorito III, I have helped countless parents whose children have suffered birth injuries due to medical negligence, guiding them through the litigation process. I have extensive trial and courtroom experience in civil law before opening my own firm to serve people who have suffered an injury due to someone's negligence.
Whether through negotiation or litigation, I strive to secure compensation for your child’s future care and address the consequences of medical errors. My goal is to achieve a resolution that protects your child’s well-being, giving you peace of mind in a difficult time. Call me for legal services in Seattle, Washington, and Western Washington, including the Puget Sound Area, Bellevue, Tacoma, and Everett.
What Is Medical Negligence in Birth Injury Cases?
Medical negligence, or malpractice, occurs when a healthcare provider fails to offer the standard of care that’s expected in a particular situation, resulting in harm or injury. In birth injury cases, medical negligence might involve errors made during prenatal care, labor and delivery, or immediately after birth. Some common examples include:
Failure to monitor fetal distress: Inadequate monitoring of the baby’s heart rate during labor can lead to complications such as brain damage or cerebral palsy.
Improper use of force during delivery: Using excessive force, such as pulling too hard during delivery or using forceps or vacuum extraction improperly, can cause physical injuries like broken bones or nerve damage.
Delayed C-section: Failing to perform a timely C-section when necessary can result in birth injuries like asphyxiation or brain damage.
Failure to recognize or treat infections: Infections can be passed from mother to baby during birth if not properly managed.
These are just a few examples of medical negligence that may lead to birth injuries. If any of these errors or oversights occur during your child’s birth, it may be grounds for pursuing a personal injury claim.
Birth Injuries That May Be Caused by Medical Negligence
Birth injuries vary depending on the nature of the medical negligence and the circumstances surrounding the delivery. Common birth injuries include:
Cerebral palsy: This condition affects muscle coordination and movement and can occur if the baby’s brain is deprived of oxygen during birth due to improper handling or delays in delivery.
Erb's palsy: A condition that results from damage to the brachial plexus nerves, typically caused by excessive pulling on the baby’s head or neck during delivery.
Fractures: Broken bones, such as broken clavicles, are sometimes caused during difficult deliveries or the improper use of force during the birthing process.
Brain damage: Lack of oxygen, infections, or physical trauma during birth can result in lasting brain injuries that affect a child’s development.
Spinal cord injuries: Forceful or improper handling of the baby during birth can cause injury to the spinal cord, leading to paralysis or other serious complications.
These injuries can affect a child’s health and well-being for their entire life, and the consequences may not be fully realized until the child reaches an age when developmental milestones should be achieved.
How Do You Prove Medical Negligence in Birth Injury Cases?
Proving that medical negligence occurred in a birth injury case can be challenging. The first step is to establish that the healthcare provider involved in the delivery failed to meet the standard of care. To do this, you may need to provide evidence that:
The healthcare provider had a duty of care: Every medical professional has a responsibility to act in the best interest of their patients. This includes following proper procedures during labor and delivery.
The healthcare provider breached that duty: Medical records, expert testimony, and other evidence can help show that the provider failed to act as expected in the given situation.
The breach caused harm: The injury sustained by the child must be directly linked to the actions or inactions of the healthcare provider.
The injury resulted in damages: This includes physical, emotional, and financial damages that the parents and child suffer as a result of the birth injury.
Gathering documentation, such as medical records and expert witness testimony, is critical in a personal injury claim based on medical negligence. Having a qualified attorney who understands birth injury cases can greatly improve your chances of success.
The Importance of Expert Medical Testimony in Birth Injury Cases
Medical professionals with experience in obstetrics and pediatrics can provide valuable information about whether the standard of care was breached and how the injury occurred.
They can also explain how the injury could have been prevented, demonstrating the connection between the healthcare provider’s actions and the harm done to the child.
For instance, an obstetrician may testify about the proper protocols for handling fetal distress, while a pediatric neurologist may explain how the birth injury led to cerebral palsy. Expert testimony strengthens the case and provides the court with the knowledge necessary to understand the medical aspects of the injury.
Steps to Take After a Birth Injury Occurs
Do this if you suspect that your child’s birth injury was caused by medical negligence:
Seek medical attention immediately: If your child has suffered a birth injury, make sure they receive immediate medical care. This will address their immediate health needs and create a record of the injury.
Request medical records: Obtain copies of relevant medical records, including prenatal care, labor and delivery records, and postnatal care records. These documents will be necessary to prove your case.
Consult with an attorney: A personal injury attorney with experience in birth injury cases can help you assess whether you have a case, guide you through the legal process, and help you gather evidence.
Consult with medical experts: Your attorney may recommend that you consult with medical professionals who specialize in obstetrics, pediatrics, and other relevant fields to help explain how the injury occurred and how it could have been prevented.
Document the impact of the injury: Keep track of how the injury affects your child’s development and your family’s quality of life. This includes noting medical expenses, physical therapy costs, and emotional distress caused by the injury.
These actions can help you get justice for your child.
What Types of Damages Can You Seek in a Birth Injury Lawsuit?
In a birth injury lawsuit, parents may be entitled to compensation for various types of damages, including:
Medical expenses: This includes current and future medical treatment for the birth injury, such as surgeries, physical therapy, medications, and specialized care.
Pain and suffering: Parents may seek compensation for the emotional and physical pain their child experiences due to the injury.
Lost wages: If a parent has to take time off work to care for the child, they may seek compensation for lost wages or loss of earning capacity.
Permanent disability costs: If the child has a permanent disability, parents may be able to seek compensation to cover long-term care needs and ongoing therapy.
Punitive damages: In some cases, if the medical provider’s actions were particularly egregious or reckless, punitive damages may be awarded to punish the provider and deter future misconduct.
The amount of compensation depends on the severity of the injury, the long-term impact on the child’s life, and the financial burden placed on the family due to the injury.
Contact The Law Office of Dan N. Fiorito III Today
At the Law Office of Dan N. Fiorito III, I use my extensive experience to help you achieve the best possible results. If you’re seeking to recover damages for birth injuries caused by medical negligence, I’m the attorney you can count on for the best chance at success. I will handle your case personally and give it the attention it deserves. Reach out to my personal injury firm for services in Seattle, Washington, and all of Western Washington, including the Puget Sound Area, Bellevue, Tacoma, and Everett.