When Does a Birth Injury Become a Malpractice Claim?

 Posted on January 06, 2026 in Personal Injury

A birth injury becomes a malpractice claim when a baby or mother is harmed because medical providers failed to follow accepted standards of care during pregnancy, labor, or delivery. Not every complication is malpractice, but injuries caused by delayed treatment, improper monitoring, or avoidable mistakes may cross that line. In 2025, provisional data from the CDC’s National Center for Health Statistics show ongoing infant mortality trends based on birth outcomes and related complications, highlighting how critical high-quality medical care is during delivery.

If you or your child was injured during birth and you are questioning whether it could have been prevented, our D.C. medical malpractice lawyer can help. Knowing when a birth injury rises to the level of malpractice is the first step toward protecting your child’s future and your family’s rights.

What Is the Difference Between a Birth Injury and a Birth Defect?

With a baby, a birth injury is usually caused by physical trauma, lack of oxygen, or another problem related to medical care. A birth defect is different. Birth defects develop before birth and are often genetic or linked to early development.

This difference matters legally. Doctors are generally not responsible for genetic conditions they cannot prevent. Only injuries tied to medical mistakes may qualify as malpractice.

What Types of Birth Injuries May Be Caused by Medical Negligence?

Not every difficult delivery involves malpractice. However, certain injuries are more often linked to medical errors that could have been prevented. Examples include:

• Brain injuries caused by a lack of oxygen

• Cerebral palsy linked to delayed delivery or missed warning signs

• Brachial plexus injuries affecting the arm or shoulder

• Skull fractures or internal bleeding

• Spinal cord injuries caused by improper force or positioning

These injuries often raise questions about whether the medical team acted quickly enough or used proper techniques.

What Medical Mistakes Can Lead to a Birth Injury Claim?

Many birth injury cases focus on what the medical team failed to do. Labor can move fast, but healthcare providers are still required to follow safety rules.

Chapter 28 of the Code of the District of Columbia outlines the legal standard, defining it as the foundation of birth injury claims. When a provider fails to act as a reasonably careful provider would under similar circumstances, you have the right to sue for compensation.

Common mistakes that fall below that standard include:

• Failing to monitor the baby’s heart rate

• Not responding to signs of fetal distress

• Delaying a needed cesarean section

• Improper use of forceps or vacuum devices

• Poor handling of delivery complications

How Do You Prove a Birth Injury Was Malpractice in Washington, D.C.?

To prove malpractice, it is not enough to show that an injury occurred. The key question is whether the medical provider’s failure to meet the standard of care is what caused the injury.

In Washington, D.C., this usually requires reviewing medical records from pregnancy, labor, and delivery. These records may include fetal monitoring data, delivery notes, and the timing of medical decisions. Medical experts are often needed to explain what should have been done and how the mistake caused harm.

Without a clear link between the medical error and the injury, a malpractice claim cannot succeed.

What Damages Can Be Recovered in a Birth Injury Malpractice Case?

Birth injuries often lead to long-term medical needs that can affect a child and their family for years. Compensation is meant to cover both the immediate costs of care and the future expenses that may follow.

This can include ongoing medical treatment, therapy, specialized equipment, changes needed in the home, and the loss of future earning ability if the child’s injuries limit their ability to work later in life. Families may also seek compensation for pain and suffering and for the emotional distress caused by the injury.

How Long Do You Have to File a Birth Injury Malpractice Claim in D.C.?

Timing is critical in birth injury cases, but the rules in Washington, D.C., can be confusing. In general, medical malpractice claims must be filed within three years of the date of the injury. However, when the injured patient is a child, the law often pauses, or tolls, that deadline. In many birth injury cases, this means the child may have until their twenty-first birthday to file a malpractice claim.

Different rules apply if the case involves a wrongful death. Wrongful death claims in Washington, D.C. usually must be filed within two years of the date of death, even when medical negligence is involved.

There are also situations where the injury was not immediately known. In those cases, a discovery rule may apply, allowing a claim to be filed within one year of when the injury was discovered or reasonably should have been discovered. Even then, there are absolute deadlines that can still bar a case if too much time has passed. Given how complex these cases can be, the sooner you file a claim or lawsuit, the better it is for your case.

Schedule a Free Consultation With Our Washington, D.C. Birth Injury Attorney

At Kisner Law, we bring more than 10 years of legal experience to medical malpractice cases. Attorney Kisner works closely with respected experts in orthopedics, neurology, pain management, and other medical fields to fully understand how injuries occur. He also has strong working relationships with local judges and insurance companies.

Call 240-459-0097 to schedule a free consultation with our D.C. medical malpractice lawyer today. He can meet with clients in person or remotely, and can even travel overnight if needed.