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DC Birth Injury Lawyer

Birth injuries caused by medical negligence can leave lasting physical, cognitive, and emotional scars, impacting your child’s life and your family’s well-being. Our experienced Washington, DC birth injury lawyers are here to help. We understand the complexities of medical malpractice cases and the delicate emotions involved. Let our compassion and expertise guide you through this challenging time. We can investigate your claim to identify who is responsible for the injury, evaluate your legal options, and fight on your behalf to secure the resources your child will need for additional medical treatment.

Don’t hesitate to seek justice and support. Contact Regan Zambri Long today for a free consultation.

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What Is a Birth Injury?

In legal terms, a birth injury occurs when a mistake or a delay in medical care is made by a healthcare professional. These types of injuries can occur to a child at any stage of your pregnancy, during labor and baby delivery, or just after child birth.

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Birth injuries typically cause the most devastating, long-term results to the unborn or newborn baby. The mother can also be severely injured due to the medical professional’s reckless behavior. Some of the most common birth injuries that spur legal action include but are not limited to:

  • Cerebral palsy – Caused by damage to the baby’s developing brain, either in pregnancy, during birth, or right after the baby is born. Cerebral palsy may happen due to decreased blood and oxygen to the brain, loss of tissue or white matter, or bleeding.
  • Brachial plexus palsy, such as Erb’s palsy – When there has been damage to the brachial plexus (upper) nerves, resulting in lack of movement or paralysis in the arm, shoulder, wrist, and/or hand.
  • Asphyxia – When there is a lack of blood flow or oxygen deprivation to the child’s brain before, during, or after birth, it can cause brain damage.
  • Maternal injuries – Includes improper stitching after a C-section or an episiotomy, uterine rupture, failure to treat infection, improper treatment, delayed diagnosis or misdiagnosis, adverse reactions to an epidural or anesthesia, and more.
  • Other serious infant injuries – Broken bones, spinal injuries, and more.

While some of the injuries cannot be prevented, many tragically happen due to medical malpractice.

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How Does a DC Birth Injury Lawyer Prove Negligence?

No one likes to see their child suffer, especially when the injury could have been prevented. But how do you know the injury resulted from negligence or a mistake?

To prove that the injury was the result of medical malpractice, our Washington, DC birth injury attorneys will need to show the following:

Violation of Standard of Care in Birth Injuries

Medical professionals must have the skills and knowledge to handle your needs. They must provide the same level of care they give to all patients. If the healthcare provider neglects their duties, they are in violation.

For example, a pregnant woman with her first child says that her baby has not moved much. Instead of checking on the baby to ensure everything is ok, the medical professional tells the mother-to-be that she doesn’t know what she’s talking about since it’s her first child.

The Violation Caused Birth Injury or Harm

Using the example above, the baby is stillborn when the mother gives birth. It was later determined that if the doctor had checked the mother when she had mentioned the lack of movement, the child’s life could have been saved.

Because the medical professional neglected their duties or acted recklessly, the violation caused harm or injury to the patient. To learn if the violation created the injury, your birth injury attorney will need to do a thorough examination of all the medical records and speak with medical experts.

The Birth Injury Resulted in Damages

Finally, your personal injury lawyer will need to show that the injury resulted in damages to the victims. Damages usually include medical expenses, lost wages, mental anguish, and pain and suffering. In the above case, the family is not only suffering the emotional trauma of losing a child, but they have mounting medical bills and funeral costs.

No family should suffer because of the negligent behavior of a medical professional or healthcare facility. If your child suffered an injury, schedule a free consultation with our medical malpractice attorney law firm today.

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How Do I Know If I Have a Medical Malpractice Case After a Birth Injury?

There are many reasons a child may be born with birth injuries, both naturally and due to malpractice. If you believe your child’s injuries are due to negligence on behalf of your medical practitioner, then you should review your case with a birth injury attorney. To help you and your lawyer prove your case, you will need:

Every medical malpractice case is different. Proving your child’s birth injury was the fault of your medical team can be a long, exhausting process. An experienced lawyer or attorney will do the work for you by utilizing strategies, medical professionals, and other resources to fight your case.

What Compensation Is Available for Birth Injuries in Washington, DC?

Birth injuries are not only devastating to the family, but these injuries can also be costly. Not only will you need to pay any medical expenses involved in the birth of your baby, but you could face additional expenses down the road if additional medical care is needed for your child.

With a successful birth injury law claim, your birth injury attorneys can help you claim the following compensation:

In rare cases, punitive damages may be awarded for your law claim. This type of compensation is meant to punish the behavior of the medical professionals responsible for the injury to your child.

How Can Our DC Birth Injury Lawyers Help Your Case?

Our Washington, DC medical malpractice lawyers have investigated and pursued birth injury lawsuits successfully for decades and have achieved outstanding results for families and their injured children. We have the attorney resources necessary to handle these complex medical and legal cases successfully.

The birth injury law attorneys at Regan Zambri Long have an excellent DC medical malpractice team that includes a former obstetrical and neonatal nurse and personal injury lawyers who teach other attorneys and medical professionals about baby birth injury prevention. We regularly consult with the country’s leading medical experts to not only prepare our attorney’s clients’ cases but also help our clients prepare for the future medical needs of their children.

We recognize that families who have children with developmental and physical disabilities face extraordinary and unique challenges every day. Our Washington, DC, birth injury lawyers are experienced in assisting families with formulating care plans for their children.

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Frequently Asked Questions About Birth Injury Claims in DC

When you determine your child has experienced an injury at birth, it is a traumatizing experience for the whole family. Sadly, it also takes a lot of time and resources to resolve. An experienced medical malpractice lawyer at Regan Zambri Long will help you navigate the process from start to finish and ensure you get the justice you deserve.

What Are the Consequences of Birth Injuries for Parents and Newborns?

The consequences of birth injuries are life-changing for parents and children alike. For the injured child, the result of a birth injury is potential physical suffering and developmental delays. Years of therapy, treatments, medications, and even surgeries can follow. Therapies and treatments take the child away from school, playtime, time with family and friends, and time to enjoy childhood. Not only will the child have to cope with the physical impairments due to the birth injury, but also the emotional distress of having to continue living with the injury for the rest of his or her life.

Likewise, the parents will have to address the financial component of immediate medical care for their newborn and ongoing care as the child grows. Depending on the severity of the injury, the child may need care 24/7, which could result in one or both parents being unable to return to work. In that case, the parents will not only have to deal with financial burdens due to the injury but will have to deal with future lost wages, as well.

What are the Common Medical Errors Leading To Birth Injuries?

Some common errors involve:

How Often Do Birth Injuries Occur?

According to the Centers for Disease Control and Prevention, the infant mortality rate in the United States in 2020 was 5.4 deaths per 1,000 live births. Birth injury or complications during pregnancy were among the five leading causes of infant death in the U.S.

What is the Difference Between a Birth Defect and a Birth Injury?

A birth defect refers to an illness or a health condition that forms while the child is in the womb. Some examples of birth defects include Down syndrome, spina bifida, and some types of heart problems.

A birth injury usually occurs when the mother is in labor or is delivering the child.

How Do I File a Personal Injury Claim for My Case?

The first thing you need to do is find an experienced birth injury lawyer. Your DC birth injury lawyers will follow these general steps to prove your case:

What Are the Possible Liable Parties in a DC Birth Injury Case?

Several factors must be considered when determining who is at fault in a birth injury lawsuit. Your lawyer will first investigate the doctor who delivered the baby. Did the doctor act negligently during delivery, or did the complications arise that were entirely out of the doctor’s control? Other medical staff will also be considered, including nurses, midwives, and physician’s assistants.

Next, your birth injury attorneys will also need to determine if the OB-GYN ordered the appropriate tests during pregnancy, monitored the baby and mother correctly, and consulted with specialists to ensure the delivery would be safe for both the mother and the child. If they failed to do so, the liability would be on them.

Finally, your attorney will also investigate the instruments used during delivery – were they defective? Were they misused? If the hospital failed to provide safe equipment, a birth injury lawsuit could be made against the hospital or manufacturer of the equipment. The experienced attorneys at Regan Zambri Long will work with medical staff and consultants to determine who is at fault in your case to secure the maximum compensation owed to you.

How Long Will My Birth Injury Case Take?

No one can estimate this without knowing the intricacies of your case and the injuries. No two birth injury cases are the same as the outcomes or the injuries. The timeline of a medical malpractice case in Washington, DC, depends on the statute of limitations, well-documented medical care, and other variables, including the injuries. It could take years from start to finish for your case to be resolved. A personal injury lawyer at Regan Zambri Long will be with you every step of the way, guiding you through the process.

Is There a Time Limit to File a Medical Negligence Case?

Yes, but it depends on who is filing the claim and where the incident occurred in the DC metro area.

If you are the parent, you can file a medical malpractice claim on behalf of your child. In Washington, DC, you have three years after the incident to file a claim.

However, the time limit differs if the child wishes to file a claim. In Washington, DC, the minor has up to three years after their 18th birthday to file a lawsuit for injuries.

How Do I Choose the Best Washington, DC Birth Injury Lawyer for My Case?

All types of birth injury cases can be incredibly complicated to prove. Many birth injuries can happen naturally, without any negligence, so you have to prove the actions of your medical team or facility specifically caused it. To prove this, you must be working with an experienced attorney. What you should look for:

 

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Regan Zambri Long Birth Injury Lawyers Are Ready to Help You and Your Child

The medical negligence attorneys at Regan Zambri Long PLLC understand the pain you and your family are going through. Once you hire our law firm, we will aggressively go after the medical professionals who are responsible for your child’s birth injury. We will thoroughly investigate and speak with experts to understand what may have happened. We will negotiate with the parties’ insurance companies and, if necessary, represent you in court.

We work on a contingency basis. This means you do not owe us a fee until your case is settled or there is a verdict for injuries in your case’s favor. We will then take a small percentage from the case settlement to cover our firm’s costs. If we are not successful, you do not owe us a fee.

If your child was injured during birth as a result of medical negligence, our DC lawyers are ready to help. Contact Regan Zambri Long today to schedule a consultation.
 

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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