Washington, DC Birth Injury Lawyer

Seeking Compensation and Justice for a Birth Injury?

A birth injury occurs when medical negligence during pregnancy, labor, or delivery causes harm to a newborn or mother. Families are often left searching for answers about what happened and what the future may hold for their child.

Regan Zambri Long’s award-winning Washington, DC, birth injury lawyers bring nearly 200 years of combined experience to families whose children have suffered preventable birth injuries. One of our partners is recognized as the top nurse attorney in Washington, DC, and her background as an obstetrical and neonatal nurse provides unique insight into how these injuries occur.

Our firm has recovered several multi-million dollar settlements for families affected by serious birth injuries. We front all case costs and work with obstetric and neonatal specialists to build strong cases that support lifelong care and recovery.
Has your child suffered a preventable birth injury in Washington, DC? We understand the heartbreak and uncertainty that follow. Contact Regan Zambri Long today. One of our personal injury attorneys will contact you directly. We have over 160 5-star Google reviews, and are available 24 hours a day, 7 days a week. There’s no fee unless we win your case.

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What Is a Birth Injury?

In legal terms, a birth injury occurs when a healthcare provider’s mistake, delayed response, or failure to meet the accepted standard of care during pregnancy, labor, or delivery causes harm to a newborn or mother. While some birth complications cannot be prevented, many result from medical negligence and may give rise to a malpractice claim.
Birth injuries can happen at several points in the process. Doctors may fail to properly monitor fetal distress during labor, delay a necessary cesarean section, misuse delivery instruments such as forceps or vacuum extractors, or fail to treat infections or complications affecting the mother or baby. When these failures occur, the consequences can be permanent, ranging from serious neurological conditions in the newborn to life-threatening complications for the mother.

 

When a birth injury results from negligence, families may have the right to pursue compensation for medical care, long-term support, and other losses their child or family will face.

Types of Birth Injuries Caused by Medical Negligence

Medical negligence during pregnancy or delivery can lead to several serious conditions. Some of the most common birth injuries linked to malpractice include:
  • Cerebral palsy: A neurological disorder caused by brain damage or oxygen deprivation during birth.
  • Hypoxic-ischemic encephalopathy (HIE): A severe brain injury resulting from a lack of oxygen and blood flow to the brain around the time of delivery.
  • Brachial plexus injuries (Erb’s palsy): Damage to the nerves controlling the shoulder and arm, often caused by excessive force during delivery.
  • Neonatal stroke: A stroke occurring shortly before, during, or after birth when blood flow to the newborn’s brain is disrupted.
  • Infant brain injury: Brain damage occurring during pregnancy, delivery, or shortly after birth due to trauma, oxygen deprivation, or untreated medical complications.
  • Stillbirth: In some cases, the failure to recognize and respond to fetal distress results in the loss of the baby before or during delivery.
  • Maternal birth injuries: Mothers may also suffer serious harm, including uterine rupture, postpartum hemorrhage, pelvic floor damage, or injuries sustained during a C-section or episiotomy.
Not every birth injury listed here will involve negligence. A Regan Zambri Long attorney can review the circumstances of your child’s birth and help determine whether the care you received fell below the standard required under DC law.

How Do Washington, DC Birth Injury Lawyers Prove Medical Negligence?

To prove a birth injury was the result of negligence, our Washington, DC medical malpractice 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 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.

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

A serious birth injury can mean a lifetime of medical care, therapy, adaptive equipment, and specialized support, costs that accumulate over decades and can reach into the millions. Washington, DC imposes no statutory cap on compensatory damages in medical malpractice cases, which means families can seek full compensation for both current and future losses.

With a successful birth injury lawsuit, your attorneys can help you seek the following compensation:

  • Past and future medical expenses: Hospital stays, surgeries, rehabilitation, therapy, medications, medical equipment, and long-term or lifelong care needs.
  • Lost income and earning capacity: Compensation for wages lost by a parent who reduces or leaves work to care for a child with serious injuries, as well as the child’s own lost future earning potential.
  • Pain and suffering: Physical pain and emotional distress experienced by the child and, in some cases, the family.
  • Loss of consortium: The impact of the injury on family relationships.
  • Funeral and burial costs: In cases involving stillbirth or neonatal death resulting from negligence.
  • Punitive damages: Awarded in rare cases where a healthcare provider’s conduct was especially reckless or egregious. These are intended to punish misconduct rather than compensate for losses.

Because birth injury cases often involve complex lifetime care needs, our attorneys work with life care planners and economic experts to calculate the full value of your claim, not just immediate expenses, but everything your child may need going forward.

When you hire a Washington, DC, birth injury lawyer from Regan Zambri Long, you increase your chances of making a full and fair financial recovery.

How Can Regan Zambri Long’s Washington, 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.

 

These multi-million dollar settlements and verdicts include:

 

  • $4.2 million settlement for a child who suffered severe brain injuries at birth due to the negligence of a Maryland hospital and its physicians.
  • $2.5 million settlement for an infant who sustained serious brain injuries at the time of delivery.
  • $2.4 million verdict in a Fredericksburg Circuit Court case involving a birth injury that caused a permanent brain injury to a baby boy.
  • $1.8 million settlement for a child whose arm was permanently damaged by improper treatment after birth.

Partner Jacqueline Colclough is widely recognized as Washington, DC’s top nurse attorney, bringing her background in obstetrical and neonatal nursing to each case. Her medical insight provides a unique advantage in identifying negligence and building evidence-based claims. She has been named a Best Lawyer for Medical Malpractice Law in 2024 and 2025 and currently serves on the Board of Governors for the District of Columbia Trial Lawyers Association.

 

Jacqueline joins the firm’s five other partners on the 2025 Lawdragon list of the 500 Leading Plaintiff Consumer Lawyers in the nation. In addition, three partners are named among the Top 100 Super Lawyers in Washington, DC, and the firm’s three named partners hold AV ratings from Martindale-Hubbell, reflecting the highest standard of professional excellence and ethical integrity.

 

We have the attorney resources necessary to handle these complex medical and legal cases successfully.

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. Schedule your free case evaluation today online or by calling 202-960-4596.

Frequently Asked Questions About Birth Injury Claims in Washington, DC

How Do I Know if My Child's Birth Injury Was Preventable?

Many birth injuries are unavoidable, but others occur when doctors or nurses fail to meet the standard of care during pregnancy or delivery. Signs that a birth injury may have involved negligence include delayed cesarean sections when fetal distress was present, failure to monitor the baby’s heart rate, misuse of forceps or vacuum extractors, or failure to respond to oxygen deprivation during labor.

Our team includes an attorney who practiced as an obstetrical and neonatal nurse before attending law school. She can read fetal monitoring strips, identify deviations from clinical protocol, and recognize errors that attorneys without a medical background may miss.

Can Anything Prevent Me From Recovering Compensation for a Birth Injury in Washington, DC?

Yes. Washington, DC follows a pure contributory negligence rule.  If a defendant can show you were even 1% at fault, you may be barred from recovering anything. It is one of the strictest standards in the country and also applies in Maryland and Virginia.

In birth injury cases, insurers sometimes argue that a mother’s actions during pregnancy contributed to the harm, missing prenatal appointments or failing to disclose medical history are common examples. These arguments are often overstated, but they need to be anticipated early. An experienced birth injury attorney will work to establish that the healthcare provider’s negligence was the sole cause of the injury.

What Are the Common Medical Errors Leading To Birth Injuries?

Medical negligence during labor and delivery can take many forms. Some of the most common errors that give rise to birth injury claims include:
  • Failure to monitor fetal heart rate or recognize signs of fetal distress
  • Delaying or failing to order a necessary cesarean section
  • Misuse of forceps or vacuum extraction during delivery
  • Misuse of Pitocin to induce or accelerate labor
  • Failure to diagnose or treat placenta previa or placental abruption
  • Failure to respond to oxygen deprivation during labor
  • Improper management of umbilical cord complications
  • Failure to identify or treat infection in the mother or newborn
  • Failure to properly monitor or manage a high-risk pregnancy

Not every difficult delivery involves negligence. An experienced birth injury attorney will review your medical records and consult with obstetric experts to determine whether the care you received fell below the accepted standard.

How Often Do Birth Injuries Occur?

According to the Centers for Disease Control and Prevention the infant mortality rate in the United States in 2023 was 5.61 deaths per 1,000 live births, and birth injury or complications during pregnancy were among the five leading causes. While not all birth injuries are preventable, a significant portion result from errors that occur during labor, delivery, or the immediate postpartum period.

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. If you are unsure whether your child’s injury was caused by negligence, consult with a Washington, DC birth injury lawyer from Regan Zambri Long.

How Do I File a Birth Injury Claim in Washington, DC?

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

  • Case evaluation: Your attorney will review the circumstances of your child’s birth to determine whether negligence occurred before, during, or after delivery.
  • Medical records review: All relevant records are obtained and reviewed to establish what happened and where the standard of care was breached.
  • Expert consultation: Your attorney works with obstetric and neonatal specialists to confirm negligence, identify liable parties, and calculate the full scope of your child’s current and future care needs.
  • Pre-suit notice: Under DC Code § 16-2802, written notice must be served on the intended defendant at least 90 days before filing, including the legal basis for the claim and the nature and extent of injuries sustained. Your attorney manages this requirement.
  • Filing the lawsuit: Your attorney files the complaint, formally initiating the case against the responsible parties.
    Mandatory mediation: Under the Medical Malpractice Proceedings Act of 2006 (DC Code § 16-2801 et seq.), the case must go through a mediation panel before proceeding to trial. Your attorney manages this process.
  • Settlement or trial: Most cases resolve through a negotiated settlement. If a fair agreement cannot be reached, your attorney will take the case to trial.

Birth injury lawsuits are exhausting, but a Regan Zambri Long Washington, DC, birth injury lawyer will handle the legal burden so your family can focus on healing.

Who Can Be Held Liable in a Washington, DC Birth Injury Case?

Several factors must be considered when determining who is at fault in a 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 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 fails to provide safe equipment, a claim could be made against the hospital or manufacturer of the equipment. The experienced birth injury 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.

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

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

In Washington, DC, parents generally have three years to file a medical malpractice claim on behalf of their child under DC Code § 12-301(8). However, DC applies a discovery rule, which means the three-year clock may not begin until the injury was discovered, or reasonably should have been discovered. This is particularly relevant in birth injury cases where conditions such as cerebral palsy or HIE may not be diagnosed until months or years after delivery.

If the injured child wishes to file their own claim, DC law allows them until their 21st birthday to do so.

Deadlines in Maryland and Virginia differ, and cases involving deliveries at hospitals in those states will be governed by the applicable state law. Because these timelines can be affected by when an injury was discovered and where it occurred, it is important to speak with a birth injury attorney as early as possible.

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

Birth injury cases are among the most complex medical malpractice claims to prove. The attorney you choose should have specific experience in obstetric negligence, not just general personal injury, and the medical resources to support it.

At Regan Zambri Long, our birth injury team includes a partner who practiced as an obstetrical and neonatal nurse before becoming an attorney. That clinical background means we can review fetal monitoring strips, identify deviations from delivery protocols, and work with obstetric and neonatal specialists to build evidence-based cases. It is a level of medical insight that most law firms cannot offer.

Beyond clinical expertise, look for a firm with a demonstrated track record in birth injury cases specifically, the financial resources to front case costs and retain top medical experts, and attorneys who are willing to take cases to trial when a fair settlement cannot be reached. Regan Zambri Long has recovered multi-million dollar settlements and verdicts for families affected by serious birth injuries.

Regan Zambri Long’s Washington, DC Birth Injury Lawyers Are Ready to Help You and Your Child

At Regan Zambri Long, we understand the weight of what your family is carrying. If your child was injured during birth as a result of medical negligence, we will thoroughly investigate what happened, consult with obstetric and neonatal experts, and build the strongest possible case on your behalf. If a fair settlement cannot be reached, we are prepared to take your case to trial.

We work on a contingency basis — there is no fee unless we win. We front all case costs, and your initial consultation is free and confidential.

Our DC birth injury attorneys are ready to help. Contact Regan Zambri Long today to schedule a consultation.

Schedule a Free Consultation with Our Washington, DC Birth Injury Lawyers

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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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