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Birth injury law covers legal claims that arise when a baby or mother is harmed during pregnancy, labor, delivery, or the immediate newborn period. In Tacoma, those claims are handled under Washington state law and are usually based on medical malpractice or negligence. Common birth injuries include brain injuries such as hypoxic ischemic encephalopathy, cerebral palsy, fractures, brachial plexus injuries, and injuries caused by delayed or inappropriate treatment.
Cases may involve physicians, nurses, midwives, hospitals, or medical facilities. The goal of a birth injury case is to obtain compensation to cover past and future medical care, therapy, assistive equipment, special education, lost income for caregivers, and non-economic harms such as pain and suffering. These cases are often medically and legally complex and typically require medical experts to explain whether the care given met the accepted standard.
Birth injury situations commonly require legal help for multiple reasons:
- Complex medical facts. Determining whether injury was avoidable or the result of acceptable medical judgment often requires expert medical review.
- Gathering and preserving evidence. Medical records, fetal monitoring strips, delivery room notes, and neonatal records can be extensive and are time-sensitive. A lawyer helps obtain and preserve them.
- Dealing with hospitals and insurers. Providers and insurers may try to minimize liability or deny responsibility. An experienced lawyer negotiates with insurers and knows how to present a case to maximize recovery.
- Calculating lifetime needs. Some birth injuries create permanent disabilities that require lifetime planning for care, therapy, housing modifications, and education. Attorneys can work with life-care planners and economists to calculate appropriate damages.
- Procedural and statutory rules. Filing deadlines, notice requirements for public entities, and court procedures can be unforgiving. A lawyer helps ensure your claim is timely and properly presented.
- Trial preparation. If a settlement cannot be reached, a lawyer prepares the case for trial, including retaining medical experts, preparing witnesses, and presenting complex medical evidence in court.
Several local and state legal rules shape birth injury claims in Tacoma and elsewhere in Washington:
- Statute of limitations. Washington law imposes time limits for filing medical malpractice claims. Those limits are strict and can vary depending on when the injury was discovered and whether the claim is against a private provider or a public agency. There can also be an outer time limit measured from the date of the act or omission. Because deadlines vary by circumstance, it is essential to consult a lawyer promptly.
- Expert testimony requirement. Proving that a health care provider breached the standard of care typically requires competent medical expert testimony. Experts explain applicable standards, how care deviated from those standards, and how that deviation caused the injury.
- Types of recoverable damages. Plaintiffs can seek economic damages such as medical bills, therapy, future care, and lost earnings. Non-economic damages for pain and suffering and loss of consortium may also be recoverable. The availability and measurement of damages follow state law rules and court practice.
- Comparative fault. Washington applies comparative fault principles, which means a plaintiff can recover damages even if partly at fault, but the recovery is reduced by the plaintiff s percentage of fault. The precise effect depends on the facts and legal rules applied by the court.
- Claims against public entities. If a claim involves a public hospital, hospital district, or a government-employed provider, there may be special notice and claims procedures and shorter deadlines. Failing to follow those rules can bar a claim.
- Venue and courts. Birth injury lawsuits in Tacoma are typically filed in Pierce County Superior Court. Cases may be moved to other venues or involve multi-district considerations if there are multiple defendants or complex issues.
A birth injury is any injury to the baby or mother that occurs before, during, or immediately after birth. For babies this often means injuries caused by oxygen deprivation, trauma from instruments, errors in monitoring or interpreting fetal distress, infection, medication mistakes, or delayed cesarean delivery. For mothers it can include injuries caused by surgical or obstetric errors.
You need to show three elements: a provider owed a duty to the mother or baby, the provider breached the standard of care, and that breach caused the injury and damages. Because these elements are usually medical in nature, independent expert opinions are generally needed to determine whether the care fell below accepted standards and whether that failure led to the injury.
Potential defendants include attending physicians, obstetricians, nurses, midwives, hospitals, surgical staff, anesthesiologists, and sometimes device manufacturers. If a public hospital or government-employed provider is involved, the claim may be against a public entity and governed by special rules.
Washington sets strict deadlines for medical malpractice claims. In many cases the law allows filing within a limited number of years from the date of the act or omission or from the date the injury was discovered. There are exceptions and special rules for latent injuries and claims against public entities. Because deadlines can be technical and case specific, you should contact a lawyer as soon as you suspect a birth injury.
Damages commonly sought in birth injury cases include past and future medical expenses, therapy and rehabilitation costs, costs for assistive devices and home modifications, future care and attendant costs, lost future earnings, and non-economic damages like pain and suffering. When a fatal event occurs, wrongful death damages may be available for survivors.
Yes. Expert medical testimony is typically required to establish the applicable standard of care, show how the provider s conduct deviated from that standard, and demonstrate causation between the breach and the injury. Experienced birth injury lawyers know how to identify and retain appropriate medical experts.
Many birth injury attorneys handle cases on a contingency-fee basis, which means the lawyer is paid a percentage of any settlement or trial award and you pay nothing upfront. Fee arrangements vary, so ask about fees, costs, and how expenses are handled during your first consultation.
Claims against public hospitals or government employees are governed by special notice and procedural rules. You may need to file an administrative claim or give the public entity notice within a short window before you can file a lawsuit. Missing those steps can prevent you from bringing a case, so get legal advice early.
There is no fixed timeline. Some cases settle within months after demand and negotiation, while others take years when litigation, expert development, and possible trial are required. The timeframe depends on the complexity of the medical issues, number of defendants, availability of experts, and court schedules.
- Seek prompt medical care and follow recommended treatment and therapy for the child and mother.
- Ask for and obtain copies of all medical records, fetal monitoring strips, and delivery notes as soon as possible.
- Keep a detailed timeline of events, symptoms, and conversations with medical staff.
- Preserve any physical evidence, such as equipment or discharge instructions.
- Avoid signing broad release forms or giving recorded statements without an attorney s advice.
- Contact an experienced birth injury attorney for an early review of the case and guidance on next steps.
These organizations and agencies can provide information, oversight, and support for people dealing with birth injuries:
- Washington State Department of Health - oversees professional licensing and can receive complaints about health care providers.
- Washington State Medical Commission - handles physician licensing and discipline matters.
- Pierce County Superior Court - local court where civil medical malpractice cases are typically filed.
- Tacoma-Pierce County Health Department - local public health resources and programs for families and children.
- Washington State Bar Association - offers lawyer referral services and guides on finding legal help.
- Washington Association for Justice - organization of trial lawyers that can help locate attorneys who specialize in medical malpractice and birth injury.
- Brain Injury Alliance of Washington - resources for families managing brain injury and rehabilitation planning.
- Disability Rights Washington - advocacy and information for people with disabilities and families.
- National organizations such as March of Dimes, United Cerebral Palsy, and Cerebral Palsy Foundation - provide education, family support, and community resources for common birth injury outcomes.
If you think your child has suffered a birth injury and you need legal help, use this practical checklist:
- Get medical care and a clear diagnosis for your child. Ongoing treatment and documentation are essential.
- Request and obtain copies of all medical records promptly from the hospital and any treating providers.
- Create a written timeline of events, including dates, times, names of providers, and what happened.
- Preserve any evidence and keep notes of conversations with medical staff and insurers.
- Contact a lawyer experienced in birth injury and medical malpractice for a case review as soon as possible. Ask about contingency fees, experience with birth injury cases, and referrals for medical experts.
- If the provider is a public entity or government-employed, mention this to your lawyer right away so they can advise on any special notice requirements.
- Be prepared to work with medical experts, life-care planners, and economic experts to document the full scope of present and future needs.
Early action protects your legal rights and preserves evidence that may be critical to proving a claim. An experienced birth injury attorney can evaluate the medical records, explain your options, and guide you through the process of seeking the compensation needed for your child s care and future.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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