The Best Birth Injury Lawyers in Washington, DC

What Makes a Lawyer the Best?

A birth injury is probably one of the most emotionally draining experiences that a parent will ever encounter. For families grappling with this unexpected adversity, hopes and dreams of a healthy baby are quickly replaced with fear, uncertainty, and unanswered questions – How did this happen? Could it have been prevented? What kind of future will my child have?

Statistics show that birth injuries impact thousands of families in the U.S. every year. And unfortunately, they are not always preventable. But in certain scenarios, medical malpractice or negligence before, during, or immediately after a birth can cause severe physical trauma to a newborn.

That’s why any parent facing a birth injury should consult with a top-notch Washington, D.C. birth injury lawyer to determine if it was preventable and potentially pursue compensation on behalf of their child. But choosing the right attorney can be daunting. So, what elements make a Washington, D.C. birth injury lawyer the best? While a proven track record of high dollar results for plaintiffs is a great starting point, it’s not the only important characteristic. The top Washington, D.C. birth injury attorneys have also earned recognition from their colleagues, as well as satisfied clients.

It Starts with Results

When seeking justice and compensation for a birth injury, results matter. Finding the best birth injury lawyers in Washington, D.C., can be challenging, but doing some research can point you in the right direction. This is a highly specialized area of law requiring commitment and diligence. So, a birth injury attorney who consistently secures sizeable verdicts and settlements for their plaintiffs is likely one who advocates strongly for the injured.

Lawyers Who Get Results

Since choosing a birth injury attorney can be time-consuming, it’s a good idea to narrow down your list of potential options based on impressive results and positive recognition. A few law firms in Washington D.C. with attorneys who meet these standards and can therefore be considered the best include:

Patrick Malone & Associates – Located in the heart of Washington, D.C., the victories secured by this attorney team include a $7 million birth injury verdict for amniocentesis resulting in brain and kidney damage, and a $5 million birth injury settlement for mishandling of Pitocin by a nurse-midwife resulting in brain damage. Lead attorney Patrick Malone has been recognized by the Lawdragon 500 Leading Lawyers in America and named as one of the Washington, D.C. Super Lawyers. Along with his colleagues at Patrick Malone & Associates, he is highly rated on Google by past and current clients.

 

The Cochran Firm– With offices in many major U.S. cities, including Washington, D.C., this attorney team has earned hundreds of five-star ratings on Google. Their successes include a $7.5 million birth injury settlement due to a lack of oxygen during labor, and a $4 million birth injury award for cerebral palsy resulting from placental abruption. David Haynes, the managing partner of the Washington, D.C. firm location, has been included on the registry of Best Lawyers in America for Washington, D.C. in Personal Injury and Malpractice from 2016 to 2018. He was also named a Super Lawyer in 2013, an honor reserved for only 5% of Washington, D.C attorneys.

 

Paulson & Nace, PLLC – This firm has several locations on the east coast, including one in Washington, D.C.’s Georgetown district. Its achievements include a $37 million birth injury verdict for disabilities caused by a prescription drug and a $2.75 million verdict for a birth injury resulting in cerebral palsy. Firm partner Christopher Nace is a past president of the Trial Lawyers Association of Metropolitan Washington, D.C., and also serves as an elected member of the Executive Committee of the American Association for Justice. Along with his colleagues at the firm, he is highly rated on Google by satisfied clients.

 

Law Offices of Dr. Michael M. Wilson M.D., J.D. – This Washington, D.C.-based firm has a strict focus on medical malpractice cases, including birth injuries. Firm founder Dr. Michael M. Wilson is a physician as well as an attorney, giving him a unique insight into birth injury litigation. Over his 30-year career, he has secured over $100 million in compensation for medical malpractice victims. Wilson’s stellar reputation in the legal field is evidenced by his memberships in the American Association for Justice and the Trial Lawyers Association of the District of Columbia and hundreds of five-star Google reviews from his satisfied clients.

Examples of Washington, D.C. Birth Injury Lawsuits

A birth injury lawsuit can involve many types of physical trauma or impairments. Most birth injury cases focus on allegations of negligence; that is, did treatment administered by a medical professional fail to adhere to acceptable standards of care?

Recently, medical negligence claims were alleged in a case submitted to Washington, D.C. Superior Court. The lawsuit, which was filed in 2020 and appears to be ongoing, contends that doctors at D.C.-based George Washington University Hospital (GW Hospital) caused a birth injury by failing to administer a timely and necessary cesarean section delivery. According to the plaintiff, shortly after she went into labor at GW Hospital in 2008, fetal monitoring indicated an abnormally variable heart rate. The complaint contends doctors should have ordered a cesarean section delivery based on the unstable fetal heart rate. However, they apparently insisted on a vaginal delivery. The plaintiff’s child was born with severe and permanent brain damage that she alleges was preventable had doctors not withheld a cesarean section delivery.

Some of the most common birth complications included in birth injury lawsuits include:

In certain instances, a preventable birth injury can occur when a mother does not receive adequate prenatal care. The best Washington, D.C. birth injury attorneys will investigate whether pregnancy complications, including pre-eclampsia, vaginal tears, diabetes, infections, and blood clots, were left untreated and contributed to problems during labor and delivery.

Lawyers for Washington, D.C. Cerebral Palsy Cases

Cerebral palsy cases are considered a sub-specialty of birth injury law because they are particularly complex. As cerebral palsy is primarily caused by oxygen deprivation, the best Washington, D.C. birth injury attorneys know that they must demonstrate how medical negligence caused or contributed to inadequate fetal oxygen intake in order to win compensation for a plaintiff.

In terms of the best Washington, D.C. birth injury lawyers focusing on cerebral palsy cases, Catherine D. Bertram of Bertram Law Group is a strong contender. She is the firm’s founder and utilizes her prior career as a risk management specialist at Georgetown University Hospital to gain distinct insight into what it takes to win a cerebral palsy lawsuit. In addition to extensive recognition from her colleagues, such as inclusion on Super Lawyers D.C. Top 100 list and a 2017 profile in Washingtonian magazine as a leading medical malpractice lawyer, she has also earned high Google ratings from grateful clients.

Common Birth Injury Defendants in Washington, D.C.

While it’s common for several individual doctors or other health providers to appear as defendants in a birth injury lawsuit, the facility where the birth trauma occurred is also typically included. Some of the most named Washington, D.C. medical facilities in birth injury cases are:

About Washington D.C. Cases and Birth Injury Law

Virtually every U.S. state has an applicable statute of limitations determining how long an injured party has to initiate legal action. While Washington, D.C. is a unique jurisdiction in that it is a city and not a state, it still has its own specific laws and regulations. In Washington, D.C., the general statute of limitations for filing a medical malpractice claim is three years from the date of injury. However, an exception applies if the medical malpractice victim is under the age of eighteen. These plaintiffs have until their 21st birthday to file a lawsuit.

Washington, D.C. observes the so-called “discovery rule” for determining when the statute of limitations clock starts ticking. This term means that the plaintiff is eligible to file a medical malpractice lawsuit when they become aware that a medical mistake may have occurred – even if they acquire this knowledge after the standard three-year time limit. In this instance, the three-year statute of limitations would begin as soon as the plaintiff “discovers” the possibility of medical negligence.

Unlike most jurisdictions, Washington, D.C. employs the doctrine of contributory negligence in many types of personal injury lawsuits. What that means for an injured victim is that if the defendant(s) can prove your conduct contributed at all to your injuries, the defendant avoids all legal liability. By contrast, comparative negligence, used by most states, apportions the fault when more than one party (including the victim) contributed to the injuries suffered by the plaintiff.

While many jurisdictions place limits, or caps, on how much compensation a birth injury plaintiff can receive, Washington, D.C. does not. This is true for both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress, disability, or disfigurement.)

A Successful Birth Injury Case Starts With the Best Representation

Birth-related injury claims can be complex, emotionally demanding, and time-consuming – for the victims, their families, and their attorneys. That’s why it’s crucial to choose a birth injury lawyer with the passion, expertise, and commitment to advocate aggressively in this highly demanding area of the law. The best Washington, D.C. birth injury attorneys – those with a history of high-dollar results and recognition from both their professional peers and past and former clients- give plaintiffs the best chance of getting justice.