Can I File a Delayed Birth Injury Claim?

There is an optimal timeframe for a baby to be delivered; a delayed birth has happened when circumstances stop the baby from being delivered during this time. While most infants born in a delayed birth are able to recover with immediate medical care, some experience a serious delayed birth injury.

A birth injury is a disability that is caused by trauma before, during, or right after birth. About 6-8 infants out of every 1,000 born in the U.S. are born with a birth injury. Sadly, most of these birth injuries could have been prevented with proper medical care. If your baby was injured as a result of negligent care – including in a delayed birth – you may be able to recover damages through a birth injury lawsuit.

How does delayed birth cause delayed birth injury?

A baby’s brain is designed to endure temporary compression while it moves through the birth canal. When a baby is in the birth canal for longer than the optimal time, it can cause birth trauma from an extended period of brain compression.

Symptoms to watch for after delayed birth

Neurological problems from extended compression of the brain are the most common type of delayed birth injury. Immediate symptoms may include vomiting, delayed sucking reflex for up to 48 hours, arched back while crying, high pitched crying or limbs moving asymmetrically. Parents whose baby was born in a delayed birth should also watch for symptoms down the road including developmental delays or missed developmental milestones.

Most common delayed birth injuries

The most common birth injury associated with delayed birth is ADD, ADHD, Asperger’s syndrome, and Autism. Other more serious injuries caused by delayed birth include brain injury from oxygen deprivation, umbilical cord prolapse, hematoma, and spina bifida.

Delayed birth injury claim

If your child’s delivery was a delayed birth and your infant suffered a birth injury as a result, you may be entitled to receive monetary compensation through a delayed birth injury claim. Birth injury claims are a way for families to recover compensation for economic and non-economic damages such as medical bills, in-home care, lost wages to care for child, pain and suffering, emotional trauma, etc. They also hold negligent care providers responsible for their actions.

Valid delayed birth injury claims involve medical negligence: when a healthcare provider and/or hospital failed to meet the duty of care they owed to their patient. In addition, the negligent behavior must have led to an injury that caused damages.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other types of negligence. We seek justice for patients who have been harmed by preventable accidents and medical errors including birth injuries, hospital-acquired infections, diagnostic errors, prescription drug injuries and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.