Seattle Birth Injury Lawyer

Welcoming a new child into the world should be one of life's most joyful moments. But when a preventable medical mistake during labor or delivery causes lasting harm to your baby, that joy can turn to devastation overnight. If your child suffered a birth injury due to a doctor's negligence, you may be entitled to significant compensation, and you don't have to navigate that process alone.

Lake Union Law Group PLLC represents families throughout Seattle and Western Washington in complex birth injury and medical malpractice cases. As an experienced Seattle, WA birth injury lawyer, Dan is committed to holding negligent medical providers accountable and securing the resources your family needs to move forward.

We proudly serve clients in Seattle, Bellevue, Tacoma, Everett, the Puget Sound area, and throughout Western Washington.

What Is a Birth Injury?

A birth injury is any harm suffered by a newborn before, during, or shortly after delivery that results from medical negligence—not genetics, developmental conditions, or unavoidable complications. This distinction is critical in a legal context, because birth injuries are, by definition, preventable.

When obstetricians, nurses, and other labor and delivery staff fail to meet the accepted standard of care, the consequences for your child can last a lifetime. A qualified birth injury attorney in Seattle like Dan Fiorito can help you determine whether what happened to your child constitutes malpractice and what legal options are available to your family.

Common Causes of Birth Injuries

Birth injuries resulting from medical negligence often stem from:

• Failure to monitor fetal distress. Missing warning signs of oxygen deprivation or umbilical cord complications during labor

• Improper use of delivery tools. Misuse of forceps or vacuum extractors can cause head trauma, nerve damage, or skull fractures

• Delayed or unnecessary C-section. Failure to perform a timely cesarean section when medically indicated can result in oxygen deprivation and brain damage

• Medication errors. Administering incorrect drugs or improper dosages during labor can harm both mother and child

• Failure to identify or treat infection. Undetected infections like Group B strep can cause serious neurological damage if not treated promptly

• Failure to recognize complications. Missing signs of umbilical cord prolapse, placental abruption, or other emergencies

Types of Birth Injury Cases We Handle

As a Seattle birth injury lawyer, Dan Fiorito handles a wide range of birth injury claims, including cases involving:

• Cerebral palsy. Often caused by oxygen deprivation during delivery, cerebral palsy can result in lifelong motor and cognitive impairment

• Erb's palsy / brachial plexus injuries. Nerve damage caused by excessive pulling or improper delivery technique, resulting in arm weakness or paralysis

• Brain damage and hypoxic-ischemic encephalopathy (HIE). Caused by oxygen deprivation before or during birth

• Skull fractures and head trauma. Often resulting from improper use of forceps or vacuum extractors

• Broken or fractured bones. Commonly affecting the clavicle during difficult deliveries

• Wrongful death. In the most tragic cases, medical negligence during delivery results in the loss of a newborn

Proving Negligence in a Seattle Birth Injury Case

Birth injury claims are among the most complex cases in medical malpractice law. To succeed, your birth injury attorney in Seattle, WA must establish four key elements:

1. The medical provider owed a duty of care to the mother and child

2. The provider breached that duty by failing to meet the accepted standard of care

3. That breach directly caused the birth injury

4. The injury resulted in measurable damages

Because a medical mistake doesn't automatically equal negligence, these cases require thorough investigation, detailed review of medical records, and testimony from qualified medical experts. This is not a process you should attempt without experienced legal representation.

Legal Considerations for Birth Injury Claims in Washington

Washington State law places specific requirements on medical malpractice claims that every family should be aware of:

Statute of Limitations: Under RCW 7.70, you generally have three years from the date of the injury to file a claim, or one year from the date the harm was discovered — whichever comes first. For birth injuries involving minors, different tolling rules may apply, so it's important to speak with a Seattle, WA birth injury lawyer as soon as possible.

Standard of Care: Washington defines the standard of care as the level of skill and diligence expected of a reasonably competent medical professional in the same circumstances. Expert testimony is typically required to establish what that standard was and how the defendant fell short.

Comparative Fault: Washington follows a modified comparative fault rule, meaning your compensation could be reduced if you are found partially at fault — though this is rarely a significant factor in birth injury cases.

Damages Recoverable in a Seattle Birth Injury Case

Every birth injury case is unique, but families may be entitled to compensation for:

• Past and future medical expenses - Including surgeries, hospitalization, therapy, adaptive equipment, and lifelong care needs

• Lost earning capacity - If your child's injuries will limit their ability to work as an adult

• Pain and suffering - Physical pain and emotional trauma suffered by the child and family

• Ongoing care costs - In-home care, specialized education, and long-term support services

• Wrongful death damages - Funeral expenses, loss of companionship, and related losses if the injury resulted in the death of your child

The severity and long-term impact of the injury are the primary drivers of case value. A medical malpractice attorney in Seattle can work with medical and economic experts to ensure every future cost is properly documented and included in your claim.