What Constitutes a Valid Birth Injury Medical Malpractice Claim?

Birth injuries can have lasting effects on a child’s health, development, mobility, and quality of life. When a child suffers an injury during pregnancy, labor, delivery, or newborn care, determining whether medical negligence caused the harm requires a careful review of the treatment and surrounding circumstances.

A valid medical malpractice claim requires evidence that a health care provider failed to meet the accepted standard of care and that the failure caused an injury. Washington law sets specific requirements for proving these claims, and I can help assess whether the evidence supports a claim.

At Lake Union Law Group PLLC, I help families examine whether the available medical evidence supports a birth injury claim and identify the legal options available under Washington law. My firm in Seattle serves clients throughout Western Washington, including Bellevue, Tacoma, and Everett. If your child suffered an injury during medical care, contact me to schedule a free consultation and learn how I can help with your claim.

Establishing Medical Negligence

A birth injury doesn't automatically establish medical malpractice because some injuries occur despite appropriate medical care or result from complications that providers couldn't reasonably prevent. Washington law requires proof that a provider failed to meet the accepted standard of care and that the failure caused the injury.

Medical records are particularly important. I can review the documentation to determine what happened and whether the treatment departed from the applicable standard of care.

Potential evidence can include:

• Prenatal records: These can show whether warning signs, maternal conditions, or fetal concerns were identified and addressed during pregnancy.

• Labor and delivery records: Monitoring strips, delivery notes, medication records, and other documentation can help establish how providers responded to changes during labor.

• Newborn medical records: Neonatal assessments and treatment records can document the child's condition immediately after birth and the care provided.

• Diagnostic and therapy records: Later testing, evaluations, and treatment can help establish the nature and continuing effects of an injury.

A thorough review of these records can help assess whether the medical events surrounding delivery contributed to the child's condition. It can also help identify whether a provider's actions or omissions contributed to the injury.

Showing That Negligence Caused the Injury

Establishing that a provider made a mistake isn't enough by itself. Washington law requires the failure to follow the accepted standard of care to be a proximate cause of the injury.

For example, if a provider failed to properly respond to signs of fetal distress, the claim would need evidence connecting that failure to the child's injury. I can examine the timing of the medical decisions, the child's condition, and the available medical evidence to assess whether a causal connection can be supported.

Birth injury claims can involve conditions such as:

• Brain injuries: Oxygen deprivation and other complications can cause neurological injuries, although the circumstances and standard of care must be evaluated to determine whether negligence occurred.

• Nerve injuries: Damage occurring during delivery can affect movement, sensation, or muscle control.

• Bone injuries: Fractures or other physical injuries can occur during delivery and require medical evaluation and treatment.

• Developmental impairments: Some birth-related injuries can lead to ongoing developmental or functional limitations requiring continuing care.

The specific diagnosis doesn't establish liability by itself. The medical evidence must connect the injury to a failure in the applicable standard of care.

Reviewing Possible Sources of Liability

Once a potential connection between medical care and injury is identified, determining which health care providers or entities were involved becomes important. Washington's medical malpractice laws apply to claims involving licensed health care providers, employees and agents acting within the scope of their employment, and certain health care facilities and entities.

I can review the records to identify the providers involved and examine how their actions contributed to the circumstances surrounding the child's injury. As part of my birth injury practice, I can review the care provided before delivery, during labor and delivery, and immediately after birth.

A claim also doesn't have to be based solely on a failure to follow the accepted standard of care. Washington law recognizes claims involving health care to which the patient didn't consent and certain claims involving a failure to obtain informed consent.

For an informed-consent claim, Washington law establishes specific requirements, including proof that a material fact wasn't disclosed, the patient wasn't fully informed, a reasonably prudent patient wouldn't have consented if informed, and the treatment proximately caused the injury.

These requirements make a detailed review of the medical circumstances important before determining which legal theory applies.

Meeting Washington's Time Limits

Washington generally requires medical malpractice claims to be filed within three years of the act or omission causing the injury or within one year after the injury's cause was discovered or reasonably should have been discovered, whichever is later. An eight-year outer limit also applies, subject to exceptions.

Special rules apply to minors, so a child's age doesn't automatically extend the deadline. I can review the relevant dates, assess which deadlines may apply, and help you understand the steps needed to protect your legal rights. Washington also requires mediation before a medical malpractice case proceeds to trial, subject to statutory exceptions.

Finding Support From a Medical Malpractice Lawyer

Evaluating a potential birth injury claim begins with understanding what happened, how the child's condition developed, and whether the available evidence supports a negligence claim.

At Lake Union Law Group PLLC, I review medical records, assess the circumstances, and explain the legal options available under Washington law if your child suffered a birth injury. I can also review the care provided before delivery, during labor and delivery, and immediately after birth.

Based in Seattle, I serve clients throughout Western Washington, including the Puget Sound Area. Contact me, Attorney Dan N. Fiorito III, to schedule a free consultation and discuss your legal options.