AI Insights Key Takeaways
- A birth injury claim is a type of medical malpractice, so D.C.’s 90-day pre-suit notice rule applies (D.C. Code § 16-2802) before a lawsuit can be filed.
- D.C. puts no cap on damages, which matters because a child’s birth injury can mean a lifetime of care, therapy, and lost earning capacity.
- The filing deadline for a child is different: D.C. tolls the statute of limitations during childhood (D.C. Code § 12-302), so a minor’s time to sue generally does not start running until they turn 18. A parent’s own related claims may run sooner.
- Proving the case requires qualified medical experts to show the care fell below the accepted standard and caused the injury. Not every difficult birth is malpractice.
- Schehr Law PLLC handles D.C. birth-injury cases on contingency through Kalyn Hoyle, Esq., a member of the D.C. Bar. No fee unless we recover for you.
General information, not legal advice. Every case is different — talk to an attorney about yours.
Few things are more devastating than learning that your child’s injury could have been prevented with proper medical care. A birth injury can mean a lifetime of therapy, equipment, and support. D.C. law gives families a path to recover the cost of that care, with no cap on damages and deadlines designed to protect children, but it also has a mandatory step you have to get right. Contact us today for a free, compassionate consultation.
A Birth Injury Case Is a Medical Malpractice Case
A birth-injury claim arises when a provider’s failure to meet the standard of care during pregnancy, labor, or delivery harms the baby or mother. Because it is a form of medical malpractice, D.C.’s malpractice rules apply, including the requirement under D.C. Code § 16-2802 to give the provider at least 90 days’ written notice before a lawsuit can be filed. Missing that step can derail an otherwise strong case, which is one reason to involve a lawyer early.
The Deadline for a Child Is Different
This is the detail that saves families who come in “late.” Under D.C. Code § 12-302, the statute of limitations is tolled while a person is under 18, so a child’s own time to sue generally does not start running until they turn 18. That said, a parent’s own claims, such as for medical expenses, may be subject to the ordinary deadline, and the 90-day malpractice notice still applies. These timing rules are nuanced, so it is worth having an attorney map them to your family’s situation.
D.C. Does Not Cap Your Recovery
Many states limit damages in malpractice cases. The District does not. For a child with a serious birth injury, that matters enormously, because recovery may need to cover a lifetime of medical care, therapy, special education, assistive technology and equipment, and lost earning capacity, along with pain and suffering. With no cap on compensatory damages, the recovery can be built around the child’s actual needs.
Common Birth Injuries
- Hypoxic-ischemic encephalopathy (HIE) from oxygen deprivation;
- Cerebral palsy;
- Brachial plexus and Erb’s palsy injuries;
- Fractures and injuries linked to forceps or vacuum misuse;
- Harm from a delayed C-section or failure to monitor fetal distress.
Not every difficult birth is malpractice. The question is always whether the care fell below the accepted medical standard, which takes qualified medical experts to establish. We evaluate that honestly before pursuing a claim.
Why Families in D.C. Choose Schehr Law PLLC
You get a licensed District of Columbia attorney who understands the 90-day notice, the special deadlines for children, and how to work with the medical experts these cases require, handled with the sensitivity families deserve. Kalyn Hoyle, Esq. is a member of the D.C. Bar and handles the firm’s District cases personally, backed by a team that has recovered more than $10 million for injured clients. No fee unless we recover for you.
Frequently Asked Questions
Is a birth injury the same as medical malpractice in D.C.?
A birth injury claim is generally a form of medical malpractice, brought when a provider’s failure to meet the standard of care during pregnancy, labor, or delivery harms the baby or mother. Because it is malpractice, D.C.’s pre-suit rules apply, including the requirement under D.C. Code § 16-2802 to give the provider at least 90 days’ written notice before filing suit.
How long do we have to file a birth injury claim in D.C.?
The deadline for a child is different from an adult’s. Under D.C. Code § 12-302, the statute of limitations is tolled while a person is under 18, so a minor’s time to sue generally does not begin until they turn 18. However, a parent’s own claims (for example, for medical expenses) may be subject to the ordinary deadline, and the 90-day malpractice notice still applies. Because these timing rules are nuanced, it is important to consult an attorney early.
Does D.C. cap damages in a birth injury case?
No. The District does not cap compensatory damages. In a serious birth-injury case that can matter a great deal, because recovery may need to cover a lifetime of medical care, therapy, special education, assistive equipment, and lost earning capacity, as well as pain and suffering.
What are common birth injuries?
Examples include hypoxic-ischemic encephalopathy (oxygen deprivation), cerebral palsy, brachial plexus and Erb’s palsy injuries, fractures, and injuries linked to the misuse of forceps or vacuum extraction, delayed C-sections, or failure to monitor fetal distress. Whether any of these amounts to malpractice depends on whether the care fell below the accepted medical standard.
What do we have to prove in a D.C. birth injury case?
Generally, that the provider owed a duty of care, breached the applicable standard of care, that the breach caused the injury, and the resulting damages. These cases almost always require qualified medical experts, and D.C.’s 90-day notice must be given before filing, so early evaluation is important.
Talk to a D.C. Birth Injury Lawyer Today
Understanding your family’s options costs nothing and may matter more than you think. For a free, confidential consultation with a D.C.-barred attorney, contact us today or call (202) 344-9721.