When a newborn suffers a birth injury, the emotional toll on a family can be overwhelming. In many cases, these injuries are preventable and caused by medical negligence, leaving parents with questions about their child’s future and legal options. One of the most pressing concerns is: How long do you have to file a lawsuit for a birth injury in Washington, D.C.?
At Simeone & Miller, LLP, our experienced birth injury attorneys help families understand their rights and pursue justice on behalf of injured children. In this blog, we’ll explain the time limits for filing a birth injury claim, factors that can impact the deadline, and why acting quickly is critical to protecting your legal options.
What Is a Birth Injury?
A birth injury occurs when an infant suffers harm before, during, or shortly after delivery due to complications or medical error. Some common examples include:
- Cerebral palsy
- Erb’s palsy or brachial plexus injuries
- Brain damage due to oxygen deprivation
- Fractures or broken bones
- Facial nerve damage
- Infections due to improper monitoring
These injuries can result from mistakes like improper use of forceps, failure to monitor fetal distress, delayed C-sections, or administering incorrect medication.
Statute of Limitations for Birth Injury Lawsuits in Washington, D.C.
In Washington, D.C., the statute of limitations for birth injury claims is generally:
- Three years from the date of injury for medical malpractice claims involving the parents (e.g., a mother injured during childbirth).
- For injuries to a child, the statute of limitations is tolled (paused) until the child turns 18, giving them until their 21st birthday to file a claim.
This extended window recognizes that birth injuries may not be immediately detectable. For instance, developmental delays caused by cerebral palsy may not become apparent until a child is a few years old.
However, while this legal extension exists, waiting too long to act can significantly weaken your case. Evidence may be lost, witnesses may become unavailable, and medical records can become harder to obtain.
Why Timing Matters
Although families may technically have years to file a birth injury lawsuit in D.C., early legal intervention is essential. Here’s why:
- Preserving Evidence: Medical records, expert testimony, and hospital protocols are key to proving negligence. The sooner your attorney begins collecting this evidence, the stronger your case will be.
- Building a Strong Case: Birth injury cases are complex and often require input from multiple medical experts to establish how and why the injury occurred. Early involvement gives your legal team more time to build a compelling argument.
- Financial Relief: Early action can lead to quicker settlements or resolutions, providing crucial funds to cover medical bills, therapy, home modifications, and other long-term needs.
- Peace of Mind: Taking steps to pursue justice can help provide emotional closure and a path forward for your family.
Who Can Be Held Liable in a Birth Injury Case?
Several parties may be responsible for a birth injury, including:
- Obstetricians or gynecologists
- Labor and delivery nurses
- Anesthesiologists
- Hospitals or birthing centers
- Medical device manufacturers (in rare cases)
Proving liability involves showing that a healthcare provider deviated from the accepted standard of care, and that this negligence directly caused the child’s injury. At Simeone & Miller, LLP, we work with seasoned medical experts to assess your case and determine fault.
What Compensation Is Available?
If your child was harmed by medical negligence, your family may be entitled to significant compensation. Damages in a birth injury lawsuit may include:
- Medical expenses (past and future)
- Physical therapy and rehabilitation
- Special education costs
- Assistive technology or mobility equipment
- Home or vehicle modifications
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In some instances, punitive damages may be awarded if the negligence was particularly egregious.
How Simeone & Miller Can Help
At Simeone & Miller, LLP, we understand the heartbreak and challenges that come with a preventable birth injury. Our team is committed to holding negligent medical providers accountable and helping families recover the resources they need for their child’s future.
When you contact us, we will:
- Provide a free, confidential consultation
- Help you understand the time limits and legal process
- Review medical records and consult with experts
- Build a compelling case supported by evidence
- Advocate for your family every step of the way
We handle birth injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact Us Today
If your child suffered a birth injury due to medical negligence in Washington, D.C., do not wait to seek help. The sooner you speak with a qualified attorney, the better your chances of protecting your child’s rights and future. Contact Simeone & Miller, LLP today to schedule a free case evaluation.
