In these highly complex medical malpractice cases, it can be difficult to achieve a favorable outcome without the help of an experienced Washington, D.C., medical malpractice lawyer who has the knowledge and resources necessary to pursue your case to a successful resolution. Too much is at stake. Fortunately, Simeone & Miller LLP is here to help.

Types of Birth Injuries We Represent

If your doctor mishandled your prenatal care, labor, or delivery, your child may be facing a serious medical condition with physical and mental disabilities that may affect them for the rest of their lives.

Some of the most common birth injuries we’ve represented include:

  • Cerebral Palsy: a disorder that affects muscle movement and body coordination, typically caused by brain damage before birth or during labor and delivery.
  • Brachial Plexus Injury: Weakness or inability to move the arm due to damage to the nerves in the shoulder area during delivery.
  • Erb’s Palsy: paralysis in the shoulder, arm, or hand caused by damage to the baby’s brachial plexus nerve during delivery.
  • Hypoxic Ischemic Encephalopathy: brain damage caused by a combined lack of oxygen and reduced blood flow during labor and delivery.

We also fight for infants who’ve sustained brachial plexus injuries during childbirth.

Common Causes of Birth Injuries

If you believe that your child’s injuries were caused by the negligence of your doctor, obstetrician, gynecologist, nurse, or surgeon, you should discuss your options with a birth injury lawyer in Washington, D.C., as soon as possible.

Some of the most common causes of birth injuries include:

  • Unreasonably delayed delivery
  • Lack of oxygen to the baby
  • Improper use of forceps
  • Improper vacuum extraction
  • Handling the baby too forcefully
  • Failing to address fetal distress
  • Failure to order a C-section

Birth Injuries Caused By Delayed C-Sections

In order to protect an unborn child from harm, doctors must be able to recognize potential danger and act quickly to prevent it. In many cases, cesarean sections (C-sections) are the answer. However, failing to perform a timely C-section can have devastating consequences. If your child sustained a birth injury because your doctor failed to perform an emergency C-section or waited too long to perform it, you may have grounds to file a lawsuit.

Failing to perform a medically necessary C-section is a serious error that can have long-lasting consequences, but liability is rarely black and white. While it may seem as though the attending doctor holds sole responsibility, the details of your case may show that other parties – such as the hospital or nursing staff – were also responsible for your child’s birth injury. In most cases, the responsible parties will include your doctor, the hospital, or both.

Situations where a C-section may be necessary:

  • Placental eruption or other problems
  • Uterine ruptures (affects 1 of every 1,500 births)
  • Breach birth (when a child is born feet-first)
  • No labor progress for an extended time
  • A diagnosed birth defect
  • Any form of diagnosed fetal distress

If a physician fails to schedule a necessary C-section or fails to act quickly in a dangerous situation, the child may suffer devastating complications. In extremely severe cases, a delay can lead to wrongful infant death.

How to Navigate a Potential Birth Injury Case

Nobody wants to see their child in pain, especially if their injury or illness is permanent or long-lasting. If your child was harmed, you might not be sure how to handle the situation. The best thing you can do after a traumatic birth experience is to arm yourself with information, investigate the circumstances, and seek legal help.

What to do if your child has suffered a potential birth injury:

  • Look for signs: Identifying the injury is the first step in determining whether you have a case. Babies can’t tell you how they’re feeling, so it is up to parents and medical professionals to watch for potential problems. There are several different types of birth injuries, and each can cause different symptoms. For example, a child with a brachial plexus injury may not be able to move his arm, whereas a baby with a brain injury might be excessively fussy or lethargic. As a rule, look out for abnormal behavior, fevers, incessant crying, muscle spasms, jaundice, low heart rate, lethargy, loss of muscle control, or weak reflexes. If you notice any of these symptoms, seek medical attention immediately.
  • Find out how the injury was caused: Once you’ve identified a potential problem, do some investigating. How could these types of injuries be caused and did any of those causes occur during your labor and delivery process? If your child’s arm was fractured, find out what might cause broken limbs in babies. Perhaps your baby was held improperly by a nurse, or the doctor used the forceps incorrectly during the delivery. Whatever the case, consider the possibilities and arm yourself with information.
  • Call a birth injury lawyer: If you believe your child may have suffered a birth injury, the most important thing to do, after seeking medical attention, is to contact an experienced birth injury lawyer. With a seasoned legal professional by your side, finding the right information and determining liability can be significantly easier and quicker. Our attorneys at Simeone & Miller, LLP understand how traumatizing birth injuries can be, and we know how difficult it is for parents to watch their children suffer. At our firm, we want to help you seek justice and compensation for your child’s wrongful injury.
  • Determine potential liability: Doctors, nurses, hospitals, birthing centers, and other health care professionals could be fully or partially liable for your child’s birth injury. Brain injuries, for example, can occur when the child is deprived of oxygen for too long during delivery. If your baby was in distress and your doctor delayed ordering a C-section, that delay could have caused permanent damage to your baby’s brain. Therefore, the doctor may be liable. On the other hand, if your baby suffered an infection caused by improperly sanitized tools, the hospital could be to blame for their negligence.

Each state has different rules and deadlines for birth injury cases, which is why you should contact a Washington, D.C. birth injury lawyer at Simeone & Miller, LLP as soon as possible. When you contact our office for your free initial consultation, we can help you determine if you have grounds to pursue a case and, if so, how best to do so.

Turn to a Birth Injury Lawyer from Simeone & Miller for the Help You Need

The single most important thing you can do after your child is injured is to contact a D.C. birth injury lawyer. Waiting could lessen your chances of a successful outcome. Do not follow the advice of healthcare providers who suggest that you “wait and see.” Act now to receive the aggressive legal representation you and your child deserve. At Simeone & Miller, we develop strong cases on the basis of medical facts and realistic economic factors. Contact us today.

Simeone & Miller LLP, based in Washington, D.C., also provides personal injury and medical malpractice legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, Anne Arundel County, and Frederick. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.