Advocating for the Most Defenseless Among Us
The birth of a child should be a moment filled with relief and joy. When something goes wrong in the delivery room, and your baby is injured or suffers harm, the shock is immediate and the questions come fast: What happened? Was this preventable? Who is responsible? What does our child need now, and long-term?
If you’re looking for a Tacoma birth injury attorney, you’re most likely urgently seeking to protect your child’s future and your family’s well-being. This guide explains how birth injury claims work in Washington, what counts as medical negligence, what compensation may be available, and how Gordon Thomas Honeywell and our experienced team of medical malpractice lawyers can help you evaluate a possible medical malpractice case. Our personal injury attorneys work with families to pursue accountability and protect their child’s long-term well-being.
A birth injury is defined as harm to a baby during labor and delivery, or shortly after birth. Some complications happen even when everyone does everything right. As tragic as it can be, sometimes accidents simply happen. But in other cases, serious injuries can be linked to preventable medical errors such as missed warning signs, delayed treatment, or improper use of delivery tools.
If a preventable mistake caused your child’s injury, you may have a birth injury lawsuit under Washington’s medical malpractice laws. The core legal question is whether the healthcare team met the standard of care, or the level of skill and caution that reasonably careful medical professionals should provide in the same situation.
[H3] What Counts as Medical Malpractice in a Birth Injury Case?
In plain terms, medical malpractice happens when a doctor, nurse, or hospital fails to meet the appropriate standard of care, and that failure causes injury or harm. In a birth injury claim, that can include:
- Failure to recognize fetal distress, including concerning changes in heart rate
- Oxygen deprivation or lack of oxygen that isn’t addressed quickly enough
- Delays in ordering or performing a Cesarean section (C-section)
- Misuse of delivery instruments, like forceps
- Medication or dosing mistakes
- Poor communication or breakdowns in hospital protocols
A key point: malpractice isn’t about any bad outcome. It’s about a preventable bad outcome tied to substandard care by healthcare providers or other medical providers.
Birth injuries can vary widely in severity, from injuries that heal with minimal care to those causing long-term disability requiring ongoing medical intervention. Understanding the specific types of birth injuries can help you and your attorney clearly identify what happened, and how it may or may not be connected to medical negligence.
Scalp Injuries and Soft Tissue Trauma
Minor injuries to the scalp and soft tissues are among the most common types of birth injuries. These can include swelling (caput succedaneum), pooling of blood under the scalp (cephalohematoma), or surface wounds on the head and face. Most of these injuries heal on their own and require little intervention, but they are important indicators of the forces at play during delivery.
Bone Fractures
Fractures to bones like the collarbone (clavicle), upper arm (humerus), or leg (femur) can occur when a baby is navigating the birth canal or during assisted delivery. While many fractures heal over time with immobilization, they can be painful and sometimes signal excessive force or inadequate handling during delivery.
Nerve Damage and Brachial Plexus Injuries
Brachial plexus injuries happen when the network of nerves that runs from the neck to the shoulder is stretched or damaged. This can lead to weakness, numbness, or paralysis in the arm, a condition often referred to as Erb’s palsy. These nerve injuries may require physical therapy or, in more severe cases, surgery.
Intracranial Hemorrhage and Brain Damage
Some birth injuries involve bleeding within the skull, known medically as intracranial hemorrhage, or other brain injuries caused by pressure, trauma, or, in more serious cases, oxygen deprivation (hypoxic-ischemic encephalopathy). These injuries can have profound and lasting effects on neurological development and often require intensive medical care.
Eye Injuries
Though less common, newborns can suffer eye-related trauma at birth, such as retinal hemorrhages or swelling around the eyelids. These injuries may result from pressure or trauma during delivery and can lead to temporary or, in rare cases, longer-term vision issues.
Other, Less Common but Serious Injuries
Other potential birth trauma that may have more serious implications includes skull fractures, spinal cord injuries, and severe bleeding beneath the scalp (subgaleal hemorrhage). Though rarer, these injuries are often associated with more complicated deliveries and may require immediate and specialized medical care.
A child’s birth injury can reshape daily life. Beyond the immediate crisis, many families face:
- Intensive medical care, specialist visits, and long-term therapy
- Adaptive medical equipment (mobility, feeding, communication, monitoring)
- Home modifications and transportation needs
- Time away from work (or leaving a job entirely)
- Major medical expenses, medical bills, and ongoing medical costs
- Emotional strain and uncertainty about the future
- Wrongful death where the medical negligence tragically leads to the death of the child
- Infants who require extended hospitalization or intensive care may also be at risk for preventable pressure injuries when proper monitoring and repositioning are not provided.
A lawsuit can’t undo what happened. The goal is financial support that protects your child’s quality of life and gives your family options.
What Compensation Might Washington Residents Be Eligible For?
Depending on the facts, damages in a medical malpractice lawsuit may include:
- Past and future medical expenses
- Therapy, assistive devices, and specialized support
- Long-term care planning and caregiving needs
- Lost income for parents who must reduce work
- Future lost earning capacity for the child
- Pain and suffering
In tragic cases involving the death of the child, a wrongful death claim may also be possible. Hospitals and insurance companies often push to minimize what a case is “worth.” A strong legal team documents both the current costs and the projected lifetime impact.
So, how would this actually work for your family? The legal process for birth injury litigation in the State of Washington typically includes:
- Case Review & Records Collection: Your attorney gathers medical records and related documentation.
- Expert Review: Birth injury cases require qualified medical experts to explain the standard of care, what went wrong, and causation.
- Investigation & Filing: If supported, your team prepares and files a medical malpractice claim/medical malpractice case.
- Negotiation: Many cases resolve through settlement discussions.
- Litigation (if needed): If a fair agreement cannot be reached, our trial attorneys are prepared to take any case to trial. We have significant courtroom experience—we are trial attorneys—and understand how to present evidence to a jury in the most persuasive and compelling way.
Throughout, our Tacoma-based team can help you navigate local courts and the realities of pursuing a high-stakes claim against major healthcare systems.
Statute of Limitations: Why Time Matters in Washington
Washington has strict deadlines for medical malpractice actions. Under RCW 4.16.350, a claim generally must be filed within three years of the act/omission, or one year from when the injury was discovered (or should have been discovered).
Bottom line: if you suspect negligence, talk to a birth injury lawyer sooner rather than later—waiting can make evidence harder to gather and can put your rights at risk.
Birth injury cases require careful handling, both legally and personally. Families throughout Tacoma and the South Sound seek our firm’s guidance because of our:
Experience with Complex Birth Injury Claims
Our attorneys regularly handle cases involving institutional negligence, medical issues, and vulnerable populations. We understand how birth injury cases are investigated and litigated.
Access to Qualified Experts
Establishing negligence often depends on expert analysis. We work with medical professionals, care specialists, and industry experts who can evaluate whether proper care was provided.
Client-Focused Advocacy
Every family’s situation is different. We take time to understand your concerns, explain your options, and tailor our approach to your goals.
Clear Communication
Legal matters can feel overwhelming. We prioritize straightforward explanations and regular updates so you always know where your case stands.
Contingency Fee Representation
Our firm handles birth injury cases on a contingency basis, meaning legal fees are paid only if compensation is recovered.
FAQs About Birth Injury Claims
Birth defects are typically conditions present before birth (often genetic or developmental). Birth injuries happen during labor, delivery, or shortly after, and may be tied to medical negligence.
Usually through a combination of medical records, witness testimony, and opinions from qualified medical experts explaining how the standard of care was breached and how that caused the injury.
Some risks are unavoidable. The question is whether the team responded appropriately. Known risks still require proper monitoring and timely intervention.
It depends on medical complexity, the number of providers involved, and whether a fair settlement is possible. Many cases take months to more than a year, and some take longer if litigation is required.
That’s exactly what a free consultation is for. One of our firm’s lawyers can review the facts, request records, and tell you whether the case looks like a preventable injury or an unavoidable complication.
What kind of medical negligence lawsuits usually get filed in court?
Medical malpractice cases may include a variety of treatments:
Contributory fault can limit recoverable damages for injured victims. Your GTH lawyer will secure the police report, gather evidence, and help you file a car accident claim with your insurance carrier. Your personal injury lawyer will also help determine which motorist is responsible for driver negligence.
If you believe an infant you care about may have suffered a birth injury due to negligent care, you deserve clear answers and thoughtful guidance from a respected law firm. Our personal injury attorneys are committed to helping families understand their options and pursue accountability when care standards are not met.
Schedule a Free Consultation
For a free case evaluation, we invite you to contact our legal team for a free, confidential consultation. During this conversation, we’ll listen to your story, answer your questions, and explain how we can help.
Who can be liable for medical negligence damages?
Healthcare providers legally liable may include:
It’s not uncommon for medical negligence attorneys to discover a history of negligence involving a medical professional or healthcare facility. In fact, medical malpractice attorneys could be representing other injured patients or their families in cases of preventable negligence involving the same doctor or facility as yourself or loved one.
When you schedule your free consultation, our legal team will review our case and look for case histories involving healthcare providers.
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