FAQs

Frequently Asked Questions about Birth Injury Lawsuits

Questions about the Consultation Process

What areas of Washington do you take cases in?
We take on cases anywhere in Washington State. Although our office is in Seattle, we help families all over Washington. This includes places like Tacoma, Bellingham, Everett, Spokane, Yakima, the Tri-Cities, and Vancouver. Whether you are in Whatcom County or Clark County, Grays Harbor or Spokane County, our firm has the strength and skill to assess your claim and counsel you regarding your legal options.
What should I tell you on the initial phone consultation?
There is nothing specific you will need to tell us on the phone consultation. Our main goal is to figure out what happened. We will ask you background questions about what led up to the injury, the injury itself, and the lasting effects of the injury.
How much do you charge for a birth injury malpractice consultation?
It’s absolutely free. That includes talking on the phone for the initial consultation or reviewing the medical records. We do not charge you to look and determine if you have a potential lawsuit.
Should I obtain the medical records?
Depending on how much you know about the events, you may not need to obtain the medical records before the consultation. If you are unsure of what happened, obtaining the medical records can help to guide your memory or understanding. However, if we believe you may have a case, we will assist you in obtaining the medical records for us to review.
Why should I choose CMG Law to represent me and my family?
Medical Malpractice. It’s all we do. It is our slogan, but it is our practice. Simply put, we have the experience to make the legal process as easy as possible for you and your family to deal with. We understand that something traumatic has happened to your family and that deciding to bring a lawsuit is not easy. However, we will be there with you throughout the process to support you and your family through this process to get you the compensation you deserve. Our team works together, and you will be able to talk to any of us at any time regarding what is going on with your lawsuit. Years of limiting our practice to medical malpractice has allowed us to form networks of physicians and develop the resources to help get the best outcome for you and your family.

Questions about the Initial Filing of a Lawsuit

I am hesitant to bring a medical malpractice lawsuit. Why should I sue due to a birth injury?
The decision to bring any type of lawsuit is never easy. There are three reasons why bringing a birth injury lawsuit will be the right decision at the end of the day:
- Getting answers for what happened that lead to the injury. At times medical providers are not as forthright as they should be with patients. The legal process is a way to help get the doctors, nurses, and hospital administration out from being silent to explain why the injury occurred.
- Bringing a lawsuit will improve medicine and prevent potential injuries to other infants in the future. When a lawsuit is brought against a hospital or medical provider, it makes health care systems think about why something happened the way it did and what they can do to make sure it doesn’t happen again.
- Fair compensation for your child. Birth injuries can be life long and have significant costs associated with them. Furthermore, your child will have a better opportunity as they grow up to reach their maximum potential if they are compensated in a way so they can pay for access to the best treatment and help in the future.
How much time do I have to bring a birth injury lawsuit?
The statute of limitations for birth injuries can be a bit tricky, so we urge you to reach out to us to help you understand. As a general rule, parents of an injured baby have three years from the date of the negligent action to file a lawsuit for their own claims as parents. There is an exception for when you discover the negligent action after three years (but before eight years have gone by), and then you have one year from when you discovered the negligence. The parents can file a lawsuit on behalf of the child up until the child turns eighteen. Once the child turns eighteen, the child has three years to file a claim on their own behalf.
What should I do before filing a birth injury lawsuit?
Before filing a birth injury lawsuit, it is important to have credible medical experts review your case to determine if there was negligence. We handle that part. Once we have reviewed your case and think that medical providers were not reasonably prudent in their care, we will send the medical records to be reviewed by an expert. If the expert’s opinion is that the medical providers did not act within the standard of care, a lawsuit may be the best step forward.

Questions about the Lawsuit Process

What has to be proved in a birth injury lawsuit?
There are three general areas that must be proved in a birth injury lawsuit. First, that there was negligence on behalf of the medical provider. Second, that the negligence caused an injury. Third, the extent of damage that has resulted from that injury. To break that down a little more:
- Medical Negligence. We will need to prove a medical provider was negligent. In other words, there must be a medical provider in the same or similar position as the defendant who can opine that the defendant did not act with the degree of care, skill, and learning expected of a reasonably prudent medical professional in that position.
- Medical Causation. We will have to prove that the defendant’s negligence caused or contributed to the injury or injuries that have been suffered. This is most likely proven through a medical provider that has expertise with the injury in question and can opine on what the most likely cause was of the injury.
- This is generally broken down into two categories. First, the human cost of the injury: we will show what damage this has caused you and your family by telling your story of what happened and what has changed as a result of the negligence. Second, is the economic cost of the injury: this includes all of the medical and related expenses that you are suddenly responsible for.
What will I have to do during the lawsuit
Once we have filed a lawsuit on your behalf, the opposing attorney(s) will appear on behalf of the defendant(s). At that point the discovery process has begun. For the most part, we do everything in the case for you, but there are a few things that may be asked of you. You will likely need to answer a document of written questions asked by the defense and may need to provide documents to support certain claims if you have them. You will also likely be deposed, which is where the defense will get to ask you questions under oath. There is no need to worry: we will be with you every step of the way to make sure you are prepared and have an advocate looking out for you.
How long does it take to get to trial?
Normally when you file a lawsuit, a trial automatically gets set for about a year away. Depending on the course of discovery, that trial date may get continued to a later date. The time it takes to get to trial normally depends on the complexity of the case and how diligently the opposing attorneys work to get discovery completed.
How often do these cases end up with a settlement?
The determination of whether to settle is made by the defendant(s), their insurers, and the defense attorneys. When liability and causation are clear, most of these cases settle. When liability and causation are challenged, some of these cases settle for less and some go to trial. We will help build a case of clear liability and causation in order to get you the settlement you deserve or a jury verdict in your favor.