A birth injury does not just affect a single moment, it can shape the rest of a child’s life.
When a preventable mistake during pregnancy, labor, or delivery causes that harm, a family deserves real answers, not vague explanations.
Bill Gilbert has built a practice around taking on large hospital systems on behalf of patients harmed by negligent care.
You don’t need to accept “these things happen” as an answer. If your instinct tells you something went wrong during delivery, it’s worth having the full record reviewed by someone who knows what to look for.
Our Spokane Birth Injury Services
When a doctor or hospital fails to properly monitor a mother or baby during prenatal care and through labor and delivery, or is negligent in the delivery process, and the result is injury or harm to the child, or mother, the care team may be held responsible for their negligence.
Families affected by birth injuries may be entitled to compensation covering a lifetime of care.
Cerebral Palsy
Cerebral palsy is a group of disorders affecting muscle control and movement, caused by damage to the developing brain. According to the CDC, roughly 1 in every 345 children in the United States has been diagnosed with cerebral palsy. Not every case of cerebral palsy is caused by medical negligence. Many result from factors unrelated to the care a mother and baby received. However, a portion of cases are linked to preventable complications during labor and delivery, particularly prolonged oxygen deprivation that proper monitoring and a timely response could have prevented.
Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy)
When a baby is deprived of oxygen for too long during labor or delivery, the result can be hypoxic-ischemic encephalopathy, a type of brain injury. This can happen when medical staff fail to properly monitor fetal heart rate, fail to recognize signs of fetal distress, or delay an emergency C-section when one is medically necessary.
Delivery Errors That Lead to Birth Injury
- Failure to detect or respond to signs of fetal distress
- Delayed or improperly performed emergency C-section
- Improper use of forceps or vacuum extraction
- Failure to properly monitor or treat maternal conditions such as preeclampsia
- Medication errors during labor and delivery
Erb's Palsy and Other Delivery Injuries
Erb’s palsy, a brachial plexus injury affecting the nerves that control the arm and hand, most often results from shoulder dystocia during a difficult delivery. Other delivery-related injuries include skull or clavicle fractures and facial nerve injury, which can occur when forceps or vacuum extraction are used improperly.
What Our Spokane Clients Say
Our Spokane Birth Injury Case Process
- Step One – Tell Us What Happened: Schedule a free, no-obligation consultation. We’ll listen to your story and give you an honest assessment of whether your child’s birth injury may have been preventable.
- Step Two – We Investigate With Independent Medical Experts: We obtain fetal monitoring strips, labor and delivery records, and consult with independent obstetric and neonatal experts to determine whether the standard of care was met.
- Step Three – We Fight for a Lifetime of Care: If we take your case, we go after the hospital and care team directly, using fetal monitoring records, expert obstetric review, and the full labor and delivery timeline to build your claim. We push back hard against insurance carriers who try to minimize a lifetime of care into a small settlement. We have taken on some of the largest hospital systems in the country, and we do not settle for less than what your child’s future actually requires.
Frequently Asked Questions About Birth Injuries in Spokane
What is considered a birth injury?
A birth injury is harm to a baby that occurs before, during, or shortly after delivery, including brain injuries, nerve damage, and fractures, whether caused by a medical condition, a complication, or a preventable error in care.
Is cerebral palsy always caused by medical malpractice?
No. Cerebral palsy has many possible causes, and most cases are not the result of malpractice. However, some cases result from preventable errors during labor and delivery, particularly prolonged, undetected oxygen deprivation.
What is oxygen deprivation (HIE) during birth?
Hypoxic-ischemic encephalopathy is a brain injury caused by a lack of oxygen and blood flow to a baby’s brain during labor or delivery. It can result from failures to properly monitor fetal heart rate or respond to signs of distress.
What is Erb's palsy?
Erb’s palsy is an injury to the brachial plexus, the nerves controlling the arm and hand, most often caused by excessive force applied to a baby’s shoulder or neck during a difficult delivery.
How do I know if my child's birth injury was preventable?
The best way to find out is to have your child’s full labor and delivery record reviewed by an independent medical expert who can identify whether the standard of care was met.
How long do I have to file a birth injury claim in Washington?
In Washington, the statute of limitations for a minor’s medical malpractice claim is generally paused until the child turns 18, after which the standard three-year filing deadline applies. This follows the Washington Supreme Court’s decision in Schroeder v. Weighall, which struck down an earlier law that had excluded minors from the state’s general tolling protections.
What compensation is available in a birth injury case?
Compensation may include past and future medical expenses, the cost of long-term care and therapy, lost future earning capacity for the child, and pain and suffering.
Do I need a medical expert to prove medical negligence?
In most cases, yes. Expert testimony is generally required to establish the accepted standard of care and to show how a provider’s actions fell short of it. An experienced medical malpractice attorney will know which medical experts to consult for your specific case.
Get Started on Your Spokane Birth Injury Case Today
Your child deserved a safe delivery, and your family deserves honest answers about what happened.
Contact Gilbert Law Firm today for a free, no-obligation consultation, and let us help you find out what really happened during your child’s birth.
Schedule a free consultation now to tell us about your case, or fill out the form:
