Georgetown, Washington, D.C. Birth Injury Lawyers
When complications occur during labor or delivery, the effects can be life-altering. Birth injuries may leave children with physical or developmental impairments that require ongoing medical care. Families affected by these injuries often face significant emotional and financial hardship as they attempt to understand what went wrong and determine who is accountable.
Some birth injuries happen despite appropriate care, while others may be the result of medical negligence. Identifying the source of the harm is a critical first step in considering legal options. Our Georgetown, Washington, D.C. birth injury lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates draw upon both legal and medical knowledge when evaluating potential claims involving preventable injuries sustained during childbirth.
What Is a Birth Injury?
A birth injury refers to physical harm sustained by a newborn during the labor and delivery process. These injuries may result from prolonged labor, improper use of delivery tools, failure to respond to fetal distress, or delayed cesarean section. While some injuries may be mild and temporary, others lead to permanent disabilities and fatalities.
Common birth injuries include cerebral palsy, brachial plexus injuries, skull fractures, and oxygen deprivation leading to hypoxic-ischemic encephalopathy. Each type of injury may have different causes and long-term implications, requiring detailed investigation to assess whether medical negligence played a role.
What Is the Difference Between a Birth Defect and a Birth Injury?
A birth defect typically refers to a genetic or developmental abnormality that occurs before birth. These are often the result of inherited conditions, maternal infections, or exposure to harmful substances during pregnancy. In contrast, a birth injury arises from events during labor or delivery, frequently associated with physical trauma or a failure to respond appropriately to medical complications.
While both can have serious effects on a child’s life, only birth injuries are generally actionable under medical malpractice law. Determining the difference may require medical testing, expert evaluation, and review of prenatal and delivery records. Our Georgetown, Washington, D.C. birth injury lawyers assess whether the injury could have been avoided with appropriate care.
How Can Medical Negligence Lead to Birth Injuries?
Medical negligence during childbirth may occur when doctors, nurses, or other healthcare providers do not follow accepted standards of care. These standards exist to protect the health of both mother and child during pregnancy, labor, and delivery. If a healthcare provider fails to monitor fetal heart rate, misinterprets warning signs, or delays necessary interventions, the result may be preventable injury.
In cases involving negligence, the healthcare provider may have failed to act when signs of distress were apparent. For example, a delayed response to a prolapsed umbilical cord or placental abruption can cause oxygen loss to the infant’s brain. Our Georgetown, Washington, D.C. birth injury lawyers work tirelessly to identify breaches in standard care and how that caused the resulting harm.
Who Can Be Held Liable for a Birth Injury in Georgetown, Washington, D.C.?
In many cases, the attending obstetrician is the primary focus, especially if actions taken during delivery fell below professional standards. However, other parties may also bear responsibility, such as nurses, midwives, anesthesiologists, or certain entities.
Hospitals may be liable if there was a failure in staffing, training, or oversight. If defective medical equipment contributed to the injury, the manufacturer may be held accountable. Determining who may be legally responsible requires a detailed review of the circumstances surrounding the injury, including medical records, witness accounts, and expert analysis.
What Types of Compensation Might Be Available?
Our Georgetown, Washington, D.C. birth injury lawyers help families pursue compensation to address the financial and personal impact of a birth injury. Medical expenses are often significant, particularly when the injury results in long-term care needs, surgeries, or physical therapy.
In addition, compensation may be available for pain and suffering, emotional distress, loss of future income, and necessary home modifications. The value of a claim depends on the nature and severity of the injury, the projected cost of care, and the degree of the provider’s fault.
How Long Do I Have to File a Birth Injury Lawsuit in Georgetown?
The statute of limitations for medical malpractice claims in Washington, D.C. generally allows three years from the date of injury to file a lawsuit. However, birth injury cases may involve extended timelines under the “discovery rule,” particularly when the full extent of the harm is not immediately apparent.
In the unfortunate case of an infant passing away from a birth injury, the family has a two-year filing limitation from that date to file a wrongful death lawsuit. Missing a deadline can prevent a family from recovering compensation, which is why early legal review is critical; in certain cases, exceptions can be made.
What Are the First Steps in Pursuing a Birth Injury Case?
The first step in pursuing a potential claim is to consult with an attorney who has handled medical negligence cases. During an initial review, the lawyer may request access to medical records and discuss the events surrounding the pregnancy and delivery. The goal is to identify whether deviations from accepted medical standards may have occurred.
If the attorney believes a valid claim may exist, the next phase often involves consulting with qualified medical professionals to assess causation and damages. A formal claim may then be filed, which typically prompts further investigation, settlement discussions, or court proceedings.
Can Birth Injuries Have Long-Term Consequences?
Many birth injuries have long-term consequences that extend into adolescence or adulthood. Conditions such as cerebral palsy may affect mobility, speech, or cognitive development. Children with brachial plexus injuries may experience permanent weakness or paralysis in one arm. These conditions often require ongoing medical support, specialized education, and modifications to the home environment.
The financial burden on families can be significant. Legal action may help obtain resources to support the child’s needs, but the emotional impact is also substantial. Our Georgetown, Washington, D.C. birth injury lawyers can evaluate the full scope of your family’s damages when seeking accountability.
Our Georgetown, Washington, D.C. Birth Injury Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Help Families Pursue Justice
With a background in medicine and law, Dr. Wilson leads a team of skilled Georgetown, Washington, D.C. birth injury lawyers who investigate medical negligence and pursue compensation for affected families. To schedule a free consultation at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates, call 202-223-4488 or submit our online form. Located in Washington, D.C., we serve clients in the surrounding areas, including Northern Virginia and Maryland.
