Birth Injury Claims: What You Need To Know

Read if you or your baby experienced a birth injury caused by the negligence of a healthcare professional. You may be struggling with recovery. Making you feel unsure of how to get compensation for you or your baby’s injuries. The dedicated birth injuries lawyer at Tario & Associates, P.S. is here to ease your burden. We can fight for justice on your behalf through a birth injury claim. Our expert medical negligence attorneys handle each step of the pre-trial and trial process from interviewing and retaining expert witnesses to filing the complaint, and pre-trial litigation.

Experience Matters

Michael Tario opened the prominent Bellingham law firm Tario & Associates, P.S. in 1979. Then followed by the Mount Vernon office in 1988. Over the years, the birth injury attorneys at Tario & Associates, P.S. have been advocating for victims who were injured or died during pregnancy. Including injuries from the birthing process as a result of mistakes made by OBGYN doctors. And also other medical and healthcare providers. Malpractice cases raise complicated medical and scientific questions that require experience and expertise. We can identify negligence and whether a medical provider or organization such as a hospital can be held accountable. Over the past 35-plus years our law firm has evaluated hundreds of cases involving medical and healthcare negligence. Some issues include misdiagnosis, medication errors, birth injuries, surgical negligence, failure to treat, and other matters concerning healthcare such as nursing home abuse.

How do I know whether I should pursue a birth injury claim?

We believe your well-being and the well-being of your family and loved ones are important. More so than money or legal action. However, if you suspect that you or your child suffered an injury because of a medical or healthcare provider’s mistake, you should seek the opinion of a qualified malpractice attorney. They can help to determine whether medical negligence has occurred and whether or not a claim should be brought.

Do I really need to hire an attorney or should I handle my own birth injury claim?

To determine whether or not you have a viable malpractice claim it is often necessary to seek knowledge. It is best to hire an outside and independent medical expert to evaluate your case. Tario & Associates, P.S. has vast experience working with various independent and outside medical experts who may be retained in the investigation and evaluation of your claim. It is common for a lawyer to obtain a settlement five to twenty times the amount a person would receive by fighting on their own.

How much do I have to pay to pursue a birth injury claim?

There are no upfront costs or fees paid by our clients to pursue a birth injury claim as we provide representation on a contingency fee basis for personal injury cases. While you will not incur any attorney fees if you do not win your case, Washington law requires clients to reimburse the law firm for out-of-pocket expenses. Our firm advances out-of-pocket costs for our malpractice clients. And does not require our clients to pay any of these costs upfront. When cases are concluded with a monetary recovery, our firm is repaid for the out-of-pocket costs we have advanced with a percentage of the settlement.

What is the difference between a birth injury and a birth defect?

A birth defect is usually a condition that your child would have been born with because of their DNA. Also could be a medical predisposition to a condition. In some cases, a birth defect may be caused by exposure to certain birth control or to narcotic or antidepressant medications during the gestation period. Examples of birth defects include limb abnormalities, cleft palate, and spina bifida.

A birth injury is an injury that an infant suffers just before, during, or just after delivery. The most common birth injuries are Brachial Plexus Palsy (Erb’s Palsy), broken bones, cephalohematoma, caput succedaneum, perinatal asphyxia, intracranial hemorrhage, subconjunctival hemorrhage, facial paralysis, spinal cord injuries, and cerebral palsy.

Was my child’s birth injury preventable?

About 50% of birth injuries are preventable with proper identification and planning for risk factors. According to the Agency for Healthcare Research and Quality, about 30% of all birth injuries are caused by communication errors. This is done so between medical staff regarding patient’s medical history and current health status. Other types of negligence and medical errors that lead to preventable birth injuries are failure to diagnose fetal/and or maternal distress. Including improper use of birth-assisting tools, medication administration errors, delayed cesarean sections, and umbilical cord problems.

Can I file a lawsuit to recover damages for a birth injury?

A birth injury lawyer is best suited to make a determination. They can decide whether a birth injury lawsuit is appropriate for your claim. A birth injury lawsuit may be brought in cases where medical malpractice/negligence was the cause of a preventable birth injury. An injury that was unavoidable would not be the basis of a birth injury lawsuit.

How does a jury decide if the physician acted negligently?

Personal injury lawyers typically retain expert medical witnesses to testify. When they do testify it is to bring awareness that your obstetrician’s actions fell below the accepted standard of care. The jury will then weigh the evidence provided to them to decide if the doctor acted negligently.

How can I tell if my baby’s disability is a birth defect or a birth injury?

Doctors are required by law to tell parents of any disability or abnormality in the fetus before delivery. Because of this, one of the indications that you are dealing with a birth injury is whether or not you were expecting a healthy baby. On the other hand, failure to diagnose a health issue can lead to a birth injury that could have been prevented or minimized. If you are not sure whether your baby suffered a birth injury because of a preventable medical error, contact a birth injury lawyer for an assessment.

If you or your child is suffering from a birth injury, you have enough to worry about. Let us give you Peace of Mind. Contact the experienced birth injuries lawyer at Tario & Associates, P.S. today.

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