Welcoming a new child into your family is an exciting time, but it can also be overwhelming—especially for a first-time parent. As you prepare for the birthing process, it’s natural to feel somewhat apprehensive about what lies ahead. Although many births occur without complications, there are times when certain factors or obstacles arise that can prolong or impede the birthing process. Doctors, nurses, midwives, and other medical professionals are there to keep you and your baby as safe as possible, and they are ready to address any health risks that may arise along the way. Unfortunately, medical professionals are not perfect—mistakes, oversights, or other acts of negligence that happen during the birthing process can lead to significant and potentially life-altering injuries to the baby or mother.
The aftermath of a traumatic birth can be chaotic and difficult to navigate as you focus on your and your baby’s physical recovery. It’s essential to recognize that you do not have to go through this challenging experience alone. Enlisting the guidance and support of an experienced and compassionate Seattle medical malpractice lawyer is the best way to understand your legal rights and options in response to the injuries you’ve suffered. Depending on the specifics of your case, you may be able to file a claim to recover the compensation you need to support the costs of your or your baby’s recovery and address the significant emotional distress triggered by the medical professional’s negligent actions. Let’s take a look at the differences between childbirth defects and childbirth injuries, the elements of a strong medical malpractice claim, and the factors that determine the worth of your claim.
How Childbirth Defects Differ From Childbirth Injuries
Before we explore the elements of medical malpractice claims in Washington state, it’s important to understand how childbirth injuries differ from childbirth defects. Birth defects, also known as congenital disorders or disabilities, arise during pregnancy as the baby develops in the womb. Genetics or environmental factors can affect a baby’s development, causing a range of impairments or medical conditions. According to the Centers for Disease Control and Prevention (CDC), birth defects affect nearly 120,000 babies in the United States every year. Most congenital disabilities develop during the first three months of pregnancy when the baby’s major organs and bodily systems are forming. Consuming alcohol or smoking during pregnancy, taking certain medications, experiencing a fever during pregnancy, and other risk factors can lead to birth defects.
In contrast, birth injuries occur before, during, or shortly after the birthing process. Essentially, birth injuries are caused by medical negligence or errors during the birthing process, causing physical trauma to the baby or mother. Birth injuries can cause short-term harm or permanent damage to the baby, forever altering the course of the family’s life. Below are some of the most common types of birth injuries that occur due to a medical professional’s negligence during the birthing process.
Broken Bones
When a birthing professional acts without care, they can apply too much force or pressure and cause broken bones in the newborn baby. For instance, a baby may be born with a broken collarbone or thigh bone because a doctor or nurse failed to uphold the standard of care required of them by their profession. Although broken bones eventually mend, this traumatic event can have lasting effects on the birthing parents.
Asphyxia or Hypoxia
Babies need sufficient oxygen at all phases of the birthing process. If their oxygen supply becomes too restricted or is cut off entirely for too long during the birth, the child may suffer severe injuries, like hypoxic-ischemic encephalopathy (HIE)—a form of permanent brain damage. HIE may lead to multiple conditions requiring ongoing medical care, such as cognitive impairment, motor delays, cerebral palsy, and epilepsy.
Spinal Cord Injuries
Spinal cord injuries can trigger irrevocable damage in the body, such as paraplegia or quadriplegia. When a birthing professional acts negligently, they may damage the spinal cord, causing the baby to lose sensation and movement below the injury site. If your baby suffered a spinal cord injury, the permanent condition that results from this traumatic event will likely alter your family’s life in dramatic ways.
Preparing a Medical Malpractice Claim in Washington State
If you believe that your baby was injured at the hands of a negligent medical provider who failed to uphold the duty of care required of them by their profession, you may be entitled to recover compensation for the losses you’ve endured. Although Washington state does not require you to hire an attorney to file a medical negligence claim, doing so is highly recommended. Not only will working with a knowledgeable and highly skilled Seattle medical malpractice lawyer help you prepare a strong and compelling claim, but this trusted legal advocate will also provide you with the clarity and support you need during this difficult time. As you work with your attorney, you can expect to address the following elements to compile a strong and successful case against the negligent party.
Identify and Gather Evidence
Your attorney can help you identify the documents and other forms of evidence that can show your child’s injuries were caused by medical negligence. You can use maternal health records to demonstrate that there were no complications during the pregnancy and that the injuries your child experienced occurred during the birth itself. Witness statements of others who were present during the delivery can help to establish that a medical professional acted recklessly or negligently (i.e., applying excessive force, pulling too hard, or using an instrument in a careless manner that injured the baby). Medical records detailing the nature and extent of the birth injuries can also help to paint a picture of the damages inflicted by the negligent healthcare worker during the birthing process. Moreover, you can use the medical bills and anticipated costs of the birthing injuries to quantify the financial toll triggered by the medical professional’s negligence.
Calculating the Claim’s Worth
One of the most complicated aspects of preparing a medical malpractice claim is calculating the amount of compensation you are seeking to recover from the at-fault party. There are several factors that influence your claim’s value, and your attorney will work with you to arrive at an estimate that accounts for the impact this incident has had (and will continue to have) on the life of your child and your family. Depending on the unique circumstances of your case, the calculation may include the following factors:
- Past, present, and future medical expenses: You can use the costs associated with the birthing injuries, such as the hospital bills, therapy costs, and other treatment expenses, to illustrate the financial toll the birth injury has had on you and your family. You can also anticipate the future medical costs you expect to pay for your child’s ongoing medical care and use this figure to calculate the value of your claim.
- Loss of income: As the parent of a severely injured or incapacitated child, you may be forced to take unpaid leave or even quit your job to care for your baby. Your attorney can help you use pay stubs and other financial statements to illustrate the economic impact of your child’s injuries.
- Anticipated lifetime cost of caring for your child: If the birth injury caused permanent damage, such as cerebral palsy or paralysis, your child may require intensive care for the duration of their life. They may need a wheelchair and help with clothing, feeding, and bathing for the duration of their life. Your attorney can help you incorporate these costs into your calculation for valuing your birth injury claim.
- Emotional and mental anguish: There’s no doubt that suffering a traumatic birth injury can upend your life and wreak havoc on your emotional well-being. If your baby sustained an injury at the hands of a negligent healthcare worker, it’s natural to feel angry, upset, anxious, and stricken with grief. As you prepare your claim, you can request general damages as well that account for the significant and devastating toll the incident has had on your emotional and mental health.
Get the Support You Need Today
Complications during the birthing process can be stressful, especially if they arise because of a healthcare provider’s negligence or carelessness. If you or your baby has been injured due to medical negligence, it’s worth discussing your options with a knowledgeable and empathetic Seattle medical malpractice attorney. Your lawyer will review every detail of your case and identify the most strategic path forward. You can rely on your attorney to advocate passionately on your behalf at every stage of the claims process, working hard to maximize your settlement offer and secure you the compensation you need to move forward.
If you have suffered an injury at the hands of a medical professional, you may be able to recover compensation to account for the financial losses and emotional trauma you’ve sustained as a result of such negligence. We encourage you to reach out to Menzer Law by calling (206) 903-1818 for a complimentary case review with a dedicated and caring Seattle medical malpractice law firm.