Seattle Birth Injury Attorneys

Who Is Liable for a Birth Injury?

A birth injury can leave parents wondering who is responsible. The answer can vary depending on the circumstances of the birth and the cause of the injury. Our lawyers are well-versed in these legal intricacies to carefully examine the evidence, determine potentially liable parties, and build a compelling case on your behalf. 

Some potentially liable parties include: 

Medical Professionals

Doctors, nurses, midwives, and other medical professionals may be liable for birth injuries if they fail to provide an acceptable standard of care, such as failing to screen for pre-existing conditions or properly monitor the newborn during labor and delivery.

Hospitals & Healthcare Facilities

Hospitals and healthcare facilities may be responsible if their policies or procedures contributed to the birth injury. For example, if a hospital lacks adequate staffing or equipment to handle an emergency during childbirth, they may be liable for damages. 

Pharmaceutical Companies

Drug companies can also bear responsibility for birth injuries if their products cause harm to the mother or baby, such as supplying medications during pregnancy that were not adequately tested for potential side effects on fetal development.

How to Prove Liability in a Birth Injury Lawsuit

To recover compensation in a birth injury lawsuit, the plaintiff must prove the following elements: 

1. Duty of care. The provider or facility (defendant) had a duty to provide competent medical treatment in accordance with the accepted standard of care.
2. Breach of duty. The defendant deviated from the accepted standard of care, such as failing to respond to placental abruption or cord prolapse during childbirth.
3. Causation. The defendant’s deviation is the proximate cause of the birth injury. 
4. Damages. The breach resulted in compensatory harm (damages) to the plaintiff or their child.

Proving liability after medical negligence can be incredibly challenging and requires skilled guidance from a qualified lawyer. From collecting medical records to consulting relevant experts, our attorneys know what to look for in these cases to build a compelling argument on your behalf. We never hesitate to stand up to powerful healthcare companies and insurers in our pursuit of justice. 

How Long Do I Have to File a Birth Injury Claim in Washington?

The statute of limitations for birth injury claims in Washington is generally three years from the date of the injury. Failure to file within the statute of limitations can prohibit you from recovering damages, making it crucial to consult a skilled birth injury lawyer as soon as possible. However, some exceptions may apply in certain cases. 

For example, if the injury was not apparent at birth and the statute of limitations expires, state law allows a one-year extension from the date the injury was discovered or reasonably should have been discovered. There is also a statute of repose that restricts claims from being filed more than eight years after the act or omission. 

No matter your legal circumstances, Bishop Legal is here to provide the compassionate counsel you deserve. Our lawyers have a deep understanding of these legal nuances to help you complete the necessary requirements and file a claim within the appropriate legal deadline. 

Frequently Asked Questions

What Should I Bring to My First Consultation with a Birth Injury Attorney?

When preparing for your initial meeting with a birth injury attorney in Seattle, it is helpful to bring key documents that will support a thorough case review. These may include any available medical records—including prenatal, labor, and delivery records—as well as discharge summaries, prescriptions, correspondence with your healthcare providers, and a written timeline or account of the birth process. If available, bring the names and contact information of any medical staff present during delivery and any photographs or notes documenting your child’s condition. Having these materials organized supports a productive consultation, allowing your attorney to ask targeted questions and provide the most accurate guidance about your potential claim. If you are searching for a birth injury lawyer Seattle families recommend, being prepared for your case review is a smart first step.

How Are Birth Injury Claims Different from Other Medical Malpractice Cases?

Birth injury cases in Seattle are often more complex than standard medical malpractice claims. They frequently require evaluation by multiple medical experts in both obstetrics and pediatric care, and the damages claimed may involve long-term care costs and life planning for the injured child. Additionally, Washington law sometimes provides extended deadlines for injuries that are not immediately apparent. Working with a skilled birth injury attorney familiar with both medical and legal intricacies is essential to ensure your claim includes appropriate compensation for future needs, which may be a unique aspect of these cases compared to other malpractice claims. Legal teams in this field will also examine institutional practices at Seattle hospitals, which can play a significant role in determining liability as well as strategies for recovering just compensation. If you're looking for a birth injury lawyer Seattle families can trust, prioritize a firm with experience in complex, high-stakes cases.

What Is the Role of Medical Experts in Seattle Birth Injury Lawsuits?

Medical experts are vital to most birth injury lawsuits in Seattle, as their testimony can clarify whether healthcare providers met the accepted standard of care. They help attorneys interpret complex medical records, identify deviations from accepted procedures, and explain to judges and juries how those failures resulted in harm. In Washington, medical expert reports are often required before a case can proceed in court. At Bishop Legal, we maintain a strong network of local and national medical professionals who assist us in developing powerful arguments and ensuring our clients’ claims are well-substantiated. This collaborative approach is one of our firm’s key strengths, as it allows us to present your case with the benefit of insight from practitioners directly familiar with standards at leading Seattle facilities. If you have questions about medical evidence, a birth injury lawyer in Seattle can offer essential clarity.