Eder Sturm Eder Logo

Oregon and Washington Birth Injury Lawyers

After a child suffers a preventable birth injury, families may be left with more questions than answers. In these tragic and troubling moments, Eder Sturm Eder’s Oregon/Washington birth injury lawyers can help make sense of what happened and what happens next.

Oregon's Experts in Birth Injury

As birth injury attorneys, we understand that birth injuries can create serious, sometimes-chronic conditions. We work with medical experts to identify conditions like cerebral palsy or traumatic brain injury, which can permanently affect a child’s life, even when they present several years after their traumatic birth.

We begin by determining whether the medical services met the accepted standard of care; if not, we proceed with a birth injury claim. Compensation from birth injury lawsuits will often include payment for medical bills, future treatment, and the child’s pain and suffering.

Your state’s statute of limitations determines how long you have to file a birth injury lawsuit (two years in Oregon and three years in Washington). It is important to talk with a law firm as early as possible; many offer a free consultation so you can learn about your rights and options without any upfront cost.

If your child’s birth injury was the result of medical negligence, speak to an Oregon/Washington Birth Injury Lawyer as soon as possible.

How Do Birth Injuries Happen?

Birth injuries can occur in both vaginal and cesarean-section deliveries. When providers fail to account for known risk factors, do not adequately communicate potential complications, or do not take reasonable steps to prevent avoidable harm, medical negligence can occur.

Common birth injury causes include:

Delay in diagnosis

This occurs when providers fail to recognize issues like preeclampsia, gestational diabetes, growth restriction, or structural anomalies in time to intervene, increasing the risk of preventable complications for both mother and baby. If providers fail to identify a nuchal cord before or during delivery, the baby may experience reduced oxygen and blood flow, potentially causing neurological damage or other complications.

Missed diagnosis

When staff neglects to track the baby’s heart rate, oxygen levels, and other key indicators, they may miss early signs of distress that require prompt intervention to prevent brain or organ damage. Overlooking conditions such as placenta previa, placental abruption, or infections can put both mother and child at risk of hemorrhage, preterm birth, or severe birth injuries that could have been prevented.

Delayed cesarean section

If warning signs such as stalled labor, fetal distress, or uterine rupture are ignored or not acted on quickly, waiting too long to perform a C‑section can cause serious, sometimes permanent, injury to the child. When the baby does not receive enough oxygen during labor and delivery, and providers fail to intervene quickly, it can result in brain damage, cerebral palsy, or other lifelong disabilities.

Surgical errors

Mistakes made during surgery, such as cutting the baby, injuring organs, or improperly closing incisions, can lead to bleeding, infection, and long‑term health issues for mother or child. Improper use of forceps, vacuum extractors, or manual traction during shoulder dystocia can stretch or tear the brachial plexus nerves, leading to weakness or paralysis in the baby’s arm.

Failing to perform an emergency C‑section

In an obstetric emergency, every minute counts. Any unnecessary delays in moving to surgery when the baby is in trouble can cause irreversible harm, including brain injury or death. Prolonged, obstructed, or poorly managed labor can increase the risk of oxygen deprivation, shoulder dystocia, maternal exhaustion, and trauma to the baby’s head, neck, or nerves.

Untreated infection/sepsis

Untreated infections in the mother or newborn can spread rapidly, leading to sepsis, organ damage, neurological injury, or death that might have been avoided with timely diagnosis and treatment. Not responding appropriately to birth emergencies or complications can turn manageable complications into life‑threatening events, for both mother and baby.

Overmedication

Administering too much labor‑inducing medication, such as Pitocin, can cause overly strong, frequent contractions, reducing oxygen to the baby and raising the risk of uterine rupture, fetal distress, and birth trauma. These events can result in high medical costs, ongoing care needs, and profound emotional pain for the child’s parents and caregivers.

Any of the above birth injuries can result in serious, long-term health complications. Eder Sturm Eder is here to help you pursue a claim against negligent medical providers, recover financial losses resulting from these events, and compensate you, your child, and your family for the resulting emotional distress. Call us today at (503) 227-4601 for a free consultation.

Birth Injury FAQs

Common questions about birth injury cases in Oregon

The viability of your birth injury case comes down to two elements: if something went wrong with their medical care, and if that medical mistake resulted in harm. Establishing these elements, liability and damages, respectively, is the primary job of your personal injury attorney. Many cases involve red flags during pregnancy, labor, or delivery; fetal distress, oxygen deprivation, difficult labor, and so forth. These instances may be followed by concerning symptoms: seizures, extreme limpness or stiffness, trouble feeding, and the like. Over time, the child may miss developmental milestones and fall behind in physical or cognitive development. If you suspect your baby’s condition (for example, cerebral palsy, brachial plexus injury, or another neurologic or physical impairment) might be linked to how the birth was handled, that is a strong reason to explore your legal options. The birth injury lawyers at Eder Sturm Eder offer free consultations, in person or over the phone. Call (503) 227-4601 to begin the process.
This depends on the statute of limitations in your state. In Oregon, most birth injury lawsuits must be filed within two (2) years of when the injury was or reasonably should have been discovered. However, special rules for injured children can extend that time, with an outside limit (statute of repose) that typically does not allow filing more than five years after the negligent medical care, so parents should speak with an Oregon birth injury attorney as soon as they suspect a birth-related injury. In Washington, birth injury cases must be filed within three (3) years of the birth, or one year from when the injury was discovered or reasonably should have been discovered. Washington State generally bars claims more than eight years after the malpractice, and there are specific tolling rules for minors. Always consult a Washington birth injury lawyer promptly to avoid missing a complex filing deadline.
Wrongful birth claims typically involve situations where parents would have terminated a pregnancy had they known about birth defects or genetic disorders. Wrongful conception claims involve failed sterilization procedures or contraception resulting in an unplanned pregnancy.
Recoverable damages often include extraordinary medical expenses, educational costs, specialized care needed for the child's condition, emotional distress, and sometimes the ordinary costs of raising a child, depending on state law.
Wrongful birth/conception cases are complex and can take 1-3 years to resolve. They require extensive medical testimony, expert witnesses, and careful documentation of both current and projected future costs of care.
A wrongful birth lawsuit is a form of medical malpractice claim brought by parents who allege that a provider’s negligence, such as failing to identify a genetic condition or to conduct and explain prenatal screenings, denied them the chance to make an informed decision about ending the pregnancy. The basis of these claims is that, absent this negligence, the parents would have chosen to avoid the birth, and the child would not have been born. Wrongful conception/birth may occur for multiple reasons, including but not limited to: failures by a fertility specialist to provide the correct genetic material during an intrauterine insemination (IUI) or by a physician for failing to timely diagnose serious medical conditions in an embryo or fetus. Call Eder Sturm Eder today for a free consultation on your wrongful birth case: (503) 227-4601.
Some of the most common birth injury symptoms involve problems with movement, muscle tone, or breathing. Parents may notice a very “floppy” or very stiff baby, weak or uneven movements (especially in one arm or one side of the body), difficulty breathing, or a failure to start breathing right after birth. Other early warning signs include seizures or jerking/twitching movements, trouble feeding or sucking, unusually high‑pitched or constant crying, and visible signs of trauma such as bruising, swelling, or misshapen limbs or head. Over time, signs like missed developmental milestones (delayed rolling, sitting, or walking), poor coordination, vision or hearing problems, or persistent muscle stiffness or weakness can also point to an underlying birth injury. PLEASE NOTE: This information is not intended as a substitute for medical advice. If you suspect your child has suffered a birth injury, consult a trusted medical professional immediately.
A successful birth injury case may result in compensation for: - Medical costs associated with additional care, including follow-up procedures and surgeries - Medical equipment, such as wheelchairs, mobility devices, and lifting aids Rehabilitation services like physical therapy, occupational therapy, and related support - Medication, including both prescription drugs and over-the-counter treatments - Long-term care, such as in-home nursing or personal care aides - Disability-related assistance, including accessibility modifications to the home or family vehicle - Pain and suffering, often described as emotional distress or mental anguish - Lost income for parents and diminished earning capacity for both the child and their family - Loss of consortium, reflecting the impact on the parent‑child relationship and family life

WHO WE ARE

We are dedicated, consistent, driven personal injury attorneys.

We are trial attorneys first and foremost and we are eager to tell your story. We work tirelessly to help you reach the best possible legal outcome.

EDER STURM EDER

Dedicated.
Consistent.
Driven.

BY THE NUMBERS

0+

Jury Trials

0+

Years Serving Oregon

0+

Clients Helped

Loading practice areas...

WHAT WE DO

We use our experience and expertise to help injured clients maximize their financial recovery.

We accomplish this through our knowledge of the legal system, insurance defense strategies, vehicle code, and understanding of medical treatments, procedures, and diagnoses. We combine this knowledge with years of courtroom experience.

OUR APPROACH

Unlike many firms, we build every case like it's going to trial.

We know the extra effort will make the case stronger in terms of settlement or trial. Let us narrate your story, set your case up for success, and be your ferocious advocate throughout your case.

BECOME A CLIENT

Proudly Serving Oregon and Washington

Schedule a free consultation.

It's quick, confidential, and there's no obligation.
Need to speak with someone right away? Call (503) 227-4601

By submitting this form, you consent to receive communications from Eder Sturm Eder regarding your inquiry. Message and data rates may apply. You may opt out at any time. Disclaimer: The use of this form or submission of information does not create an attorney-client relationship. Do not include confidential or sensitive information in your message. Your information is protected by our Privacy Policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.