
Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The birth of a child should be a moment of pure joy, especially here in our nation’s capital, Washington D.C. Families eagerly await the arrival of their little one at respected hospitals like MedStar Washington Hospital Center or Sibley Memorial, placing immense trust in the medical teams guiding them through labor and delivery. You expect safety, competence, and the healthy arrival of your baby.
But sometimes, the unexpected happens. Sometimes, that trust is broken. Instead of celebrating, families are faced with confusion, fear, and the devastating reality of a birth injury. Some families may also face birth defects, which are different from birth injuries. Birth defects are abnormalities present at birth, typically caused by genetic or environmental factors during fetal development, and are usually not related to medical negligence.
A birth injury isn’t just a difficult start; it can mean a lifetime of challenges, medical needs, and overwhelming questions. The impact on the child’s injuries can be profound, requiring immediate and long-term attention to address the consequences and support the child’s recovery. The most persistent and painful question often is: “Could this birth injury have been prevented?”
For decades, our team at The Child and Birth Injury Firm has dedicated itself to helping families whose children have suffered due to medical mistakes. We’ve walked alongside countless parents across the country as they navigate the complex aftermath of a birth injury. We understand the emotional and financial toll it takes. We are more than just lawyers; we are advocates committed to finding the truth behind your child’s birth injury, holding negligent medical professionals accountable, and securing the resources necessary for your child’s injuries and recovery so your child can thrive. This guide provides essential information for Washington D.C. families facing the reality of a birth injury.
After a traumatic birth, a doctor’s diagnosis can be devastating. As a parent, you need to know if this was a health problem that could not be helped or a medical error that should not have happened.
Birth defects are tragic problems that develop in the womb—these are abnormalities present in the baby caused by genetic or environmental factors during fetal development, and are often unrelated to medical negligence. It is a heartbreaking event, but it is typically no one’s fault.
A birth injury is completely different. It is a preventable mistake. This is damage that happens during the birthing process because a medical professional failed to provide the proper standard of care. This negligence is what turns a normal delivery into a lifelong tragedy.
Understanding this difference is everything. A birth defect is a medical issue. A birth injury is a legal one. If your child was harmed, you deserve to know if it was caused by a medical error. A careful investigation is the only way to get the truth.
You don’t need a medical degree to feel that something wasn’t right during your child’s birth. Maybe you noticed concerning signs on the monitor, felt procedures took too long, or sensed panic in the room. Trust your intuition. If you believe your child’s birth injury could have been avoided, it deserves a closer look. If you sense something wrong or have any specific concerns about the events surrounding your child’s birth, the best thing to do is chat with our experienced Birth Injury Lawyer Team.
Legally, proving a medical malpractice birth injury case in Washington, D.C. hinges on the concept of the “standard of care.”
Imagine the standard of care as the accepted way that reasonably careful and skilled doctors, nurses, and hospitals in the Washington D.C. area are expected to act in a specific medical situation. It’s the benchmark for safe and competent medical practice. Medical malpractice occurs when a healthcare provider’s actions (or inaction) fall below this established standard of care, and this failure directly causes harm – in this case, a birth injury.
To build a successful birth injury claim, our team must demonstrate four key points:
A birth injury can manifest in many ways, ranging widely in severity. Common birth injuries include conditions such as cerebral palsy, brachial plexus injuries, and fractures, which are most frequently seen in newborns due to complications during delivery. Birth injuries occur during the delivery process, often as a result of medical negligence or mistakes made by healthcare providers. Some children recover fully, while others face lifelong disabilities. Our firm has extensive experience handling the full spectrum of these complex cases. Here are some of the more common types of birth injury frequently associated with medical negligence during labor and delivery in Washington, D.C.:
A serious birth injury is rarely unavoidable. It typically results from one or more failures by the medical team to follow established safety protocols and standards of care. In Washington D.C.’s busy delivery wards, several common errors can lead to devastating consequences:
If your child has suffered a birth injury in Washington D.C. and you suspect medical negligence was involved, understanding your legal rights is crucial. Families may pursue legal action to seek compensation for long-term care needs when standard medical care is not provided. D.C. has specific laws and procedures governing medical malpractice claims. Birth injury litigation is a highly technical area of medical malpractice law that addresses cases where injuries result from negligence or errors during childbirth, and it plays a critical role in advocating for victims and their families.
Yes, Washington D.C. has unique health statistics that provide important context for birth injury risks. Washington DC families should be aware that these statistics reflect local healthcare challenges and risks specific to the District of Columbia. Understanding these can highlight areas where medical vigilance is especially crucial. For families affected by a Washington DC birth injury, knowing the local risks and legal processes is essential for seeking justice and appropriate compensation.
Raising a child with a birth injury requires a strong support system. Washington D.C. offers various resources to help families navigate the medical, educational, and emotional challenges:
DC Department on Disability Services (DDS): The primary D.C. agency providing services and support for residents with developmental and other disabilities, including those resulting from a birth injury. They manage programs like the Developmental Disabilities Administration (DDA).
Parent Training and Information Center (PTI) - Advocates for Justice and Education (AJE): A D.C.-based organization designated to provide parents of children with disabilities (including birth injuries) with training, information, and advocacy support, particularly regarding special education rights (IEPs).
Children's National Hospital - Centers for Neuroscience and Behavioral Medicine: Offers specialized diagnostic and treatment services for children with neurological conditions often associated with a birth injury, like Cerebral Palsy or HIE.
Kennedy Krieger Institute (Baltimore, serving the region): A world-renowned institution specializing in disorders of the brain, spinal cord, and musculoskeletal system. Many D.C. families access their specialized programs for conditions resulting from a birth injury.
There are many excellent resources available for parents in New Jersey who have a child with a birth injury. These resources can provide support, information, and advocacy during a very difficult time.
These organizations can help you understand your child’s legal rights and the medical malpractice process in New Jersey.
LSNJ provides free legal assistance in civil matters to financially eligible individuals and families. They can be a starting point for legal advice and can offer referrals. You can find more information on their official website: https://www.lsnj.org/.
This organization provides educational content and resources for families affected by birth injuries. They can offer guidance on a variety of birth injury types and connect you with medical and legal resources. You can learn more here: https://birthinjurycenter.org/.
These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries.
If your child’s birth injury resulted in Cerebral Palsy, this is a valuable resource. They offer a range of programs and services for children and adults with Cerebral Palsy. Visit their website for more details: https://cpfamilynetwork.org/.
This organization provides advocacy, support, and training to children and adults with intellectual and developmental disabilities and their families. Their state and local chapters can connect you with resources and support networks in your area. You can find their official site here: https://www.arcnj.org/.
NJID offers a wide range of programs and support for infants, children, and adults with developmental and related disabilities across New Jersey. You can find more about their services at their official site: https://www.njid.org/.
The state Department of Health maintains data and statistics on birth outcomes in New Jersey. They also provide information and resources related to maternal and child health that can be helpful for parents. You can visit their website here: https://www.nj.gov/health/.
The most important step is to make sure your child is safe and receiving the best medical care possible. After stabilizing your child’s health, request copies of all medical records from the hospital and doctors, write down what you remember about the delivery, and contact our experienced birth injury attorney right away.
The general rule is two years from the date of injury or when you reasonably discover the injury. For children, there are exceptions that may extend the timeline, but each case is unique. You should always consult our lawyers as soon as possible to avoid missing critical deadlines.
Compensation can include coverage for: past and future medical bills, physical therapy, speech or occupational therapy, special education costs, assistive or adaptive equipment, in-home care, loss of earning capacity, and damages for pain, suffering, and emotional hardship.
Yes. New Jersey has strict requirements for malpractice cases, including the Affidavit of Merit, which must be signed by a medical expert confirming malpractice likely occurred. An attorney familiar with New Jersey courts, judges, and procedures will ensure your case is filed correctly and aggressively pursued.
No. Most Birth Injury firms, such as The Child Injury Firm, work on a contingency fee basis. This means families pay no upfront fees—the attorney is only paid if the case is successful. This ensures families can pursue justice without the burden of high legal costs at the start.
Common causes include failure to monitor the baby’s oxygen levels, not reacting quickly enough to fetal distress, delays in performing an emergency C-section, misuse of delivery instruments (forceps or vacuum), incorrect medication administration, and ignoring known maternal risk factors.
The most common include:
Because birth injuries affect the child’s lifetime, these cases often involve multi-million-dollar settlements or verdicts. The value depends on the severity of the injury, the cost of future care and support, and the impact on the child’s quality of life. Courts recognize that lifelong needs require significant compensation.
Hospitals and insurers often dispute malpractice claims. Our skilled attorneys will gather evidence, hire medical experts to review records, and show how the providers failed to meet the standard of care. Courts rely heavily on expert testimony in these cases, which is why experienced legal representation is essential.
Start by:
Seeking evaluations from pediatric specialists to confirm diagnosis and long-term needs.
These records will help ensure your attorney can prove that malpractice occurred and quantify damages for the case.
Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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