Birth Injury Lawyer in Washington, DC
One of the most wonderful times for a family should be the birth of a baby. Unfortunately, some families are not given this joy because of a devastating birth injury. If medical malpractice is involved, family members may receive compensation through a birth injury lawsuit. While no legal remedy could possibly heal the emotional hurt or undo the horrific situation, the financial compensation received can help toward medical expenses, lost wages due to time away from work, plus incalculable pain and suffering.
Our legal team at Dash Injury Law Firm is familiar with this situation and can hold negligent medical professionals liable for the child's trauma. By filing a Washington, DC birth injury lawsuit, you are also helping put a stop to negligent medical care and preventing other families from experiencing such a tragedy in the future.
For more information on how to get the legal support you need so you can spend more time focusing on your child’s recovery, contact our team today. We provide legal representation to residents of the DC and Northern Virginia areas.
Birth Injury Lawsuit in Washington, DC
In the District of Columbia, a valid birth injury claim must involve an injury that directly resulted from medical negligence. This kind of negligence involves the type of medical care the attending professionals exercised that fell below proposed standards in the industry. The team of medical professionals involved with a birth are responsible for monitoring the fetus' health, executing a predetermined plan, and properly handling all complications in a timely manner. Any failure to perform these duties that results in injury presents the family with a potentially viable birth injury claim.
Our DC legal team handles the following types of birth injury cases:
- Vacuum extraction injury
- Forceps delivery injury
- Delayed order for caesarian section
Damages in a DC Birth Injury Lawsuit
As mentioned previously, when an infant sustains severe injuries during the birth process because of a medical practitioner's negligence, the parents may be able to file a birth injury lawsuit in Washington, DC for monetary damages. Of course, there is no way that finances can compensate for the traumatic ordeal nor for the degree of pain and suffering endured by the family and child. What financial compensation can do is help with lifting the burden of medical expenses, provide for ongoing measures of caring for the child's special needs, and aiding the entire family in getting through very difficult, challenging times that lie ahead.
Among the financial expenses and losses a family incurs due to a birth injury, below is a listing of several kinds of damages that can be included in a Washington, DC birth injury lawsuit. The list is partial, not all-inclusive:
- Past and future medical expenses
- Income loss from missed work
- Loss of enjoyment
- Loss of companionship
- Pain and suffering
- Medical needs like special equipment, in-home care, or therapy
DC’s Statute of Limitations for Birth Injury Claims
DC courts acknowledge the right of parents to bring a lawsuit against a physician whose negligence caused a child's birth injury. However, there are time limits for filing a suit. A statute of limitations exists to prevent an individual (like a doctor) from being sued many years down the road for something that happened a very long time ago. This same time limit is designed, though, to give affected victims and their families sufficient time to bring legal action against the negligent medical practitioner while accurate evidence, records and memories exist and are reliable.
The statute of limitations for a birth injury lawsuit in Washington, DC is three years from the date of the injury or the date the injury was discovered. In cases where the baby died from a birth injury, the family has two years from the date of death to file a wrongful death lawsuit. There are exceptions where the time limit to file can be extended. This includes cases where the defendant committed fraud by trying to conceal his or her malpractice or fled the state after the malpractice. It is also important to note that since birth injury cases involve children, minors have three years to file a lawsuit, starting from the day they turn 18 years-old.
Getting Help From a Birth Injury Lawyer in Washington, DC
An experienced and highly skilled Washington, DC birth injury lawyer can help prove that the medical professionals owed the family a duty of care that was breached, producing harm and injury to the child. The complexities of this type of case call for unmatched legal representation like that available through Dash Injury Law Firm.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.