Birth Injuries Attorney in Seattle, Washington

Parenting is one of life’s greatest joys. Soon-to-be parents put their trust in the hands of medical professionals to perform their duties with competence and care. Unfortunately, sometimes the start of the parenting journey begins with unexpected tragedy during the delivery process. When Obstetricians and other labor and delivery staff make medical mistakes, the ramifications can be severe, and a wide variety of newborn injuries may result. 

If you believe medical negligence has caused an injury that could have otherwise been avoided, I can help. At The Law Office of Dan N. Fiorito III, I offer hope and legal guidance in the midst of pain and uncertainty. I proudly serve clients in Seattle and all of Western Washington, including the Puget Sound Area, Bellevue, Tacoma, and Everett.

Causes of Birth Injuries

Certainly, some birthing injuries cannot be avoided, and there are numerous ways a newborn can be injured before, during, and in the early moments after birth. 

Perhaps the most unfortunate and traumatizing injuries occur as a result of medical negligence. Not only are these medical mistakes preventable, but they also have a life-long impact on the physical and emotional health of both child and parent. 

Some common causes of birth injuries as a result of medical negligence are:

• Errors in performing procedures and/or surgeries

• Failing to identify and treat an infection

• Administering improper drugs or medicine dosage 

• Failing to recognize an issue with the infant

• Improper use of medical tools and equipment 

• Not performing a cesarean section when needed

Doctors, nurses, and medical staff are required to maintain the highest standard of care that ensures patients are healthy and safe. Even a minor mistake can create a burden of deep sadness and financial concern. 

Types of Birth Injuries

A newborn can sustain an injury during or shortly after delivery. The most common birth injuries typically involve the head, neck, and shoulders. These injuries can vary greatly from a mild injury that can improve over time to a more severe injury with an ongoing physical or mental disability.  

Some common types of birth injuries are:

• Oxygen deprivation 

• Broken, fractured, or dislocated bones

• Nerve damage (also known as Erb’s Palsy)

• Brain damage or head trauma

• Neurological trauma 

Any harm brought to a newborn is extremely traumatic for parents. If you believe your child has suffered harm at the fault of a doctor or medical professional, you may be able to receive compensation for your losses. Additionally, in severe instances, negligent medical care may result in a wrongful death claim.  

Proving Negligence

Proving negligence is the cornerstone of evidence for every medical malpractice claim. Unlike birth defects, which result from parental DNA, genetics, and other factors, a birth injury is a preventable condition that resulted from something that happened in the moments just prior to birth, during the delivery process, or shortly after the child was born. 

Proving a birth injury resulted from medical negligence is generally based on the following elements:

• The doctor had a duty of care for the mother and baby

• The doctor breached and did not fulfill that duty

• The breach of duty caused damages

• The damages were caused by the doctors' actions and breach of duty

Birth injury claims are highly complex. Because a mistake made by a medical professional may not equal negligence, a birth injury case isn’t something you should attempt to handle on your own. 

Compensation Available 

Every parent of a birth injury has the right to file a claim. Because every birth injury case is unique, the amount of compensation you may be entitled to depends on the circumstances of the case. 

Generally, a few factors that are used to determine compensation include:

• Type of birth injury

• The severity of the birth injury

• Whether the birth injury is short-term or long-term

• What is needed to treat or manage the injury

Compensation in birth injury cases is fact-driven, which is why it is vital to have a birth injury attorney collect the evidence and work on your behalf.