Seattle Birth Injury Lawyers

A birth defect occurs prior to birth and may be caused by genetic abnormalities, maternal infection, alcohol and drug use during pregnancy, or by an unexplained failure of the fetus to develop properly. A birth injury occurs during the labor and delivery process. Birth injuries are sometimes the result of medical negligence.

Birth injuries have two primary causes: trauma and hypoxia. Hypoxia refers to deprivation of oxygen to the fetus. Trauma refers to physical wounds to the body resulting from force.

If you think your child may have suffered a birth injury, ask yourself whether any of the following factors played a role in your child’s birth. These factors don’t always mean that a birth injury occurred, but they raise a warning flag that a birth injury might have happened:

• You had an extended labor or other delay in delivery.
• Your baby experienced seizures within hours of delivery.
• There was an unexpected need for a Caesarean delivery (C-section).
• Your doctor had to use a vacuum extractor to aid delivery.
• Your baby had concerning heart rate patterns during labor.
• Your baby was blue or gray at birth.
• A previously unrecognized infection was discovered.
• Your baby spent time in a neonatal unit.

Trauma, nerve damage, and brain damage are common birth injuries. Damage to the brain and nervous system can cause cerebral palsy, which is a group of non-progressive disorders affecting brain and nervous system function, including hearing, learning, seeing, moving, and thinking. Damage to the brachial plexus nerves can cause Erb’s palsy or Klumpke’s palsy, which are characterized by limited feeling and mobility in the shoulder, hand, and arm.

The prognosis for a child injured during birth varies. Some birth injuries, such as cerebral palsy, are not curable, but symptoms can be treated and managed to varying degrees depending upon the child’s level of impairment. Other birth injuries, such as Erb’s palsy, may be treatable with appropriate medical intervention.

The child’s pediatrician is often focused on caring for the patient, and may not be comfortable or knowledgeable in discussing whether an injury may have been caused by another health care provider’s negligence. An experienced medical malpractice attorney can assist parents in obtaining and reviewing medical records. Attorneys also consult qualified medical professionals who are not personally involved in the patient’s care, for assistance in determining the likely causes of the birth injury.

In general, birth injury and other medical malpractice claims in Washington must be brought within three years after the negligent medical error. It’s very important to remember, though, that the deadline for filing suit can vary based on the specific circumstances of the case.. Even if your child was born more than three years ago, you may still have a legal case. Talk with an experienced birth injury attorney as soon as possible.

The best way to find out whether you have a legal claim for your child’s birth injury is to discuss your child’s condition with an experienced Washington birth injury attorney. Birth injury cases are complicated, and an experienced birth injury lawyer can evaluate your case and advise you about your legal rights and options.

At Kidman Tinker, PLLC we have a record of success representing birth injury victims. To talk to our team about your situation, call us today or fill out our online contact form for a free claim evaluation.

Cerebral palsy is a general term that applies to several disorders. A common factor among the disorders is that the cerebral palsy victim is unable to fully coordinate and control the muscles in his or her body. The types of cerebral palsy are categorized according to what part of the victim’s brain is affected. That, in turn, determines the specific symptoms which the person has.

Cerebral palsy can be caused by brain damage that occurs before, during, or not long after birth. In other cases, it may be caused when the victim’s brain failed to form properly before birth.

Cerebral palsy is the name given to a group of disorders, so victims of cerebral palsy can have many different symptoms depending upon which particular disorder they have. The one symptom that is common among almost all persons with cerebral palsy is that they have some degree of difficulty controlling their muscles. That difficulty means that most people with cerebral palsy have problems with posture and movement.

Some people with cerebral palsy may have muscles that are unnaturally tight or rigid.  Others may experience muscle spasms or muscles that suffer from being floppy or loose. Cerebral palsy sufferers may exhibit involuntary muscle actions that produce writhing, twitching, and tremors. Some may also have eyesight and hearing deficits. Each cerebral palsy victim’s case is unique such that they may have varying degrees of these symptoms and combinations of such symptoms.

Overall, the muscular problems experienced by cerebral palsy victims often make it difficult for them to walk, handle objects, or carry out other activities.

No. Cerebral palsy doesn’t get worse. Still, individuals who have cerebral palsy need proper medical care, therapy, and other support services throughout their lifetime. If not addressed properly, the muscular control and coordination difficulties associated with cerebral palsy can lead to other complications, some of which can be serious.

Also, the cognitive and motor effects of cerebral palsy become more obvious as a baby develops. As infants and toddlers miss normal developmental milestones like sitting up, rolling over, crawling, and talking, parents may become more concerned and wonder if a birth injury caused the neurologic injury.

No. Cerebral palsy is not a communicable disease.

Unfortunately, the brain damage associated with cerebral palsy cannot be reversed. The effects of cerebral palsy are well understood, however, which means that a child with the disorder can receive medical treatment, therapy, education, and other support services, all designed to minimize the disorder’s effects and maximize the child’s abilities. That means every child with cerebral palsy has the potential to enjoy a productive and happy life.

Sometimes. It depends on the precise situation and the way it occurred. The risk of cerebral palsy can be reduced, but not every cause of the disorder is known, which means the disorder cannot always be prevented. Known risks include birth injuries, some types of infections in a baby’s mother (including rubella and toxoplasmosis), severe jaundice, and blood problems such as Rh incompatibility or coagulation disorders. Healthcare providers try to minimize those sorts of risks in order to minimize the chance that a baby will suffer brain damage associated with cerebral palsy.

While cerebral palsy can’t be cured, the disorder’s symptoms can be managed and minimized. Each child diagnosed with cerebral palsy should receive a long-term treatment plan that includes a variety of treatments targeted to the child’s specific needs. Treatment options can include physical and occupational therapy, speech therapy, and medicines such as muscle relaxants and perhaps pain relievers. Surgery can help in some cases, as well. Many children with cerebral palsy also benefit from medical devices such as canes, walkers, body supports, and other aids intended to help them manage the disorder’s symptoms.

The best way to find out whether you have a legal claim for your child’s cerebral palsy is to discuss your child’s condition with an experienced Washington birth injury attorney. Birth injury cases are complicated, and an experienced birth injury lawyer can evaluate your case and advise you about your legal rights and options.