Birth Injury Attorney in Vancouver, WA

Injuries during childbirth may leave a child permanently injured. When the medical professionals attending the birth fail to meet an “accepted standard of care,” and a child is seriously injured due to this failure, a birth injury lawsuit can be pursued to seek justice. At Paulson Coletti Trial Attorneys PC, our team of litigators serves as counsel for families who have been affected by birth injury in Vancouver and Washington.

Vancouver, WA Birth Injury Resources

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Why Choose Our Firm?
Birth Injuries and Their Consequences
Are Birth Injuries Different From Birth Defects?
What Causes Birth Injuries?
Risk Factors for Birth Injuries
Constructing a Birth Injury Claim
Who is Liable for a Birth Injury?
What Damages Can You Recover After a Birth Injury?
Why Hire an Attorney?
What to Look for in an Injury Lawyer
Speak to an Attorney Today

Why Choose Paulson Coletti Trial Attorneys PC?

Over our years in practice, our trial lawyer team has often been called upon to represent injured children in cases of medical negligence, including birth injury cases, and bring powerful resources to assist families in seeking justice, including:

• We have more than 50years of combined legal experience, have an excellent reputation as trial lawyers, and have been the recipient of many recognitions from respected organizations.
• We are aggressive negotiators and experienced trial lawyers. We will not hesitate to take your case to trial to seek to recover the maximum possible compensation.
• Our Vancouver medical malpractice lawyers intentionally maintain a smaller caseload so that we can give personal, undivided attention to the clients we represent.

Birth Injuries and Their Consequences

There are several forms of birth injuries that may be the result of doctor negligence or malpractice. These include:

• Brachial Plexus Injuries: If a doctor pulls too forcefully, or incorrectly, during delivery, damage to the nerves responsible for moving the arms and hands can result. These injuries can impact the mobility and growth of an infant’s arm, in some cases resulting in a lifetime of impairments.
• Erb’s Palsy: The network of nerves from neck to spinal cord serve the function of allowing a person to control shoulder, arm, hands, and fingers. When damaged during birth, the child may be left with permanent physical damage.
• Cerebral Palsy: Related to the restriction of oxygen during birth, the consequences to a child may include both physical and cognitive impairments.
• Facial Paralysis: If forceps or vacuum extraction are used to assist in the birth process, incorrect use may lead to damage to facial nerves and some degree of facial paralysis.
• Brain Injuries: Oxygen deprivation to the brain during the birth process can cause permanent damage. In some cases, oxygen deprivation has been established as being due to a failure to take the correct actions when a baby is in distress during the birth process. Medical professionals are expected to take specific actions during birth, termed the “accepted standard of care.” A failure to act, leading to an injured child, may be medical malpractice.
• Fractures: A fractured clavicle can result if the baby is subjected to excessive force during the birth process.
• Cephalohematoma: Tools used to assist birth can cause bleeding beneath the cranial bones. This will be visible as a bump on the top of the infant’s head. This injury may lead to serious complications.

How Do Birth Injuries Differ From Birth Defects?

There is a difference between birth injuries and birth defects. When we think of birth injuries, we generally consider they occur due to the negligent actions of a medical provider before, during, or shortly after the birth of a child. Usually, birth injuries are the result of physical trauma the child sustains during these processes.

Birth defects, however, develop when a child is in the womb of the mother and often occur during the first trimester of pregnancy. Birth injuries can be detected before birth or soon after delivery. Often, birth defects or injuries have no known cause, but others could arise due to external factors.

What Causes Birth Injuries?

Birth injuries can occur in a wide variety of ways. Some birth injuries occur due to various factors outside of the control of healthcare professionals. Some risk factors that increase the chance of a birth injury include:

• Gestational diabetes
• Maternal obesity
• Maternal infection
• Premature birth
• Breach birth (where the baby does not come out head first)
• Fetal macrosomia (maybe that is 9 pounds or heavier)
• Cephalopelvic disproportion (major disparity between the size of the baby and the mother’s pelvis)

However, there are certainly causes of birth injuries that relate to medical negligence. Obstetricians and gynecologists have various responsibilities to the mother and child during the course of the pregnancy and throughout the labor and delivery process. There are a number of ways in which medical professionals could endanger the life of the mother or child, including:

• Failing to perform proper prenatal screenings
• Errors in monitoring the development of the baby in the womb
• Failing to diagnose or manage maternal infections or gestational diabetes
• Misuse of fertility drugs
• Errors with the administration of Pitocin or other drugs to induce labor
• Failure to monitor maternal or fetal distress
• Improper use of vacuum extractors or forceps
• Failing to order a c-section when one is indicated based on symptoms

Medical professionals can also make errors when treating a newborn. This can include a failure to adequately diagnose common conditions associated with newborns, such as jaundice, hypoglycemia, and seizures.

Risk Factors for Birth Injuries

As we discussed the causes of birth injuries above, you may have noticed that there are some risk factors that increase the likelihood a birth injury will occur. The main risk factors include:

• Maternal medical conditions. During the course of a pregnancy, women may develop various types of medical conditions, or they may already have some before becoming pregnant. In some cases, it may not be possible to treat a specific medical condition, particularly during pregnancy. However, doctors will need to closely monitor a mother and fetus to limit potential risks.
• Delivery position. The body is very good at delivering children as long as the child is in the correct position. This means that the baby should come through the vaginal opening head first. However, if there is a breach birth, meaning the baby is not coming out head first, these positions can make vaginal deliveries almost impossible.
• Baby size and shape. The difficulty of labor increases if a baby is larger. If the birth weight of the baby exceeds 9 pounds, it is often not advisable to attempt a vaginal delivery. Additionally, even if a baby is not quite 9 pounds, their size could be disproportionate to the cervical opening of the mother. Both of these situations typically necessitate that a C-section be performed.

Constructing a Birth Injury Claim

If your child and your family have experienced a birth injury caused by the negligent actions of a medical provider, you deserve compensation. This compensation is needed to help families who likely have experienced major expenses and lifestyle changes as a result of the birth injury. Birth injury claims are complex, and the process of building the claim should fall to a skilled personal injury lawyer in Vancouver who has experience handling difficult cases.

As you and your loved ones examine the ramifications of the birth injury, the last thing that you need to focus on is the minutia of building a complex legal case. At Paulson Coletti Trial Attorneys PC, we take these steps on your behalf, including:

• Reviewing all of your medical records, including the records for the mother and child. This will cover a review of all prenatal care, the medical care received during the labor and delivery process, as well as neonatal care.
• Hiring expert medical witnesses to assess the nature of the injury as well as the long-term consequences on the child’s life.
• Identifying possible errors that could have occurred during the labor and delivery process as well as any medical practitioners that could be at fault.
• Calculating the current and future expected damages associated with the birth injury.
• Handling all negotiations with insurance carriers and other parties.

Ultimately, our team will be ready to take your birth injury case to trial if necessary. We understand the difficulties you and your family are experiencing, and we want to help you through this.

Liability for a Birth Injury in Vancouver

The liable parties in a birth injury case may be one or more of the following:

• OB/GYN
• Assisting medical professionals
• Anesthesiologist
• Surgeon
• Nurses
• Hospital or birthing center
• EMT personnel
• Midwife

What Damages Can You Recover After a Birth Injury?

If your child has suffered permanent damage, a full evaluation of the projected costs of future personal and medical care must be undertaken. Generally, the compensatory damages pursued in court will include:

• Medical costs, past, present, and future
• Costs of ongoing medical care, nursing care
• Alterations to the home to accommodate needs, such as wheelchair ramps, hospital beds, etc.
• Lost earning potential
• Loss of quality of life

Why Consider Hiring a Vancouver Birth Injury Attorney?

In cases of birth injury, it is critical that you have experienced legal representation to help you pursue full and fair compensation. The need to call upon respected medical experts, financial experts, along with ensuring all filings are performed within the required time limit. We understand that no amount of money can ever make what happened to your child right, but it can help secure a better future for your family and cover the costs of medical care and treatment.

Medical malpractice cases are exceptionally complex, often heavily contested, and demands top-level legal skills to achieve a positive outcome. At Paulson Coletti Trial Attorneys PC, our Vancouver personal injury attorney is here to help you seek justice for your child.

What to Look for in a Vancouver Birth Injury Lawyer

When you need a birth injury lawyer, you should turn to a team with the experience needed to maximize your chances of success. This includes a firm that:

• Has extensive resources at their disposal so they can conduct a thorough investigation and work with trusted medical experts.
• Handles cases on a contingency fee basis, which means clients do not pay any legal fees until after their attorney successfully recovers compensation for their losses. In the event the attorney does not win, clients do not pay a dime.
• Handles birth injury claims on a regular basis. Because of the complexity involved with these cases, you need to work with an attorney that knows the nuances of these particular types of claims.

At Paulson Coletti Trial Attorneys PC, we are ready to step up on your behalf and get to work recovering the compensation you are entitled to. We will not settle for less than you deserve, and we have no problem taking your case to trial if necessary.

Contact Us Today

If your child was seriously injured during the birth process, Paulson Coletti Trial Attorneys PC can help. Contact our birth injury lawyers for a free, confidential case evaluation.