Birth Injury Lawyer in Virginia

Birth Injury Attorney in Virginia

Lawyers Helping Birth Injury Victims Recover Damages Under Medical Malpractice Law and through the Virginia Birth-Related Neurological Injury Compensation Act

The birth of a child is and should be a joyous occasion. Unfortunately, there are times when the birth of a child can become a nightmare in the form of a debilitating birth injury or the diagnosis of an incurable disease. For example, in the United States, approximately three babies every hour are born with birth injuries. Overall, about 30,000 babies are born with some birth injury every year in the United States, many needing extensive medical treatment and facing life-long challenges as they develop.

When a child suffers an injury during labor or birth in Virginia, I recommend that you speak with a birth injury lawyer. Why? Because a knowledgeable and skilled Virginia birth injury attorney can assess your child’s situation, answer your pressing questions, and offer guidance on whether you have a viable medical malpractice claim or should seek benefits under the Virginia Birth-Related Neurological Injury Compensation Act.

Overview of Childbirth Negligence

A hospital, doctor, nurse, OB/GYN, or other medical professional may commit negligence during childbirth when a preventable mistake is made during labor or delivery, resulting in significant harm to the mother or the child.

Examples of childbirth negligence include: 

• • Improper use of medical tools

• • Failing to monitor the baby’s health properly (for example, not noticing the baby’s heart rate dropping)

• • Delaying a necessary C-section

• • Administering the wrong medication or an excessive amount of medication

When these types of mistakes occur, they can cause serious, life-altering problems for the newborn, including brain injuries, spinal cord damage, broken bones, and other harm.

If a preventable medical error impacts your infant and family, consider taking legal action to pursue financial compensation to hold the negligent healthcare provider or hospital accountable. Treatment for birth injuries and their resulting developmental challenges can bankrupt your family or cause you to lose your job because of missed time from attending your child’s medical appointments.

Types of Birth Injuries

Birth injuries can occur in various circumstances and may impact newborns in different ways.

Some common birth injuries include the following:

• • Birth Asphyxia: Birth asphyxia can occur when a newborn doesn’t receive a sufficient amount of oxygen before, during, or shortly after birth due to issues such as placental problems, umbilical cord complications, or prolonged labor. The deprivation of oxygen can cause severe problems such as brain damage, organ failure, cerebral palsy, or even death.

• • Bell’s Palsy: Bell’s Palsy can occur when a newborn’s facial nerve is compressed during delivery or due to forceps. This pressure can result in temporary weakness or paralysis on one side of the face, with symptoms like uneven facial movements and difficulty closing one eye.

• • Erb’s Palsy: Erb’s Palsy generally impacts a child’s arm and/or shoulder movement, often due to excessive pressure on the neck and shoulders during birth. The excess pressure may wind up stretching and/or tearing the controlling nerves, leading to arm weakness, numbness, and/or paralysis.

• • Intracranial Hemorrhage: An intracranial hemorrhage can occur when there is bleeding in a newborn’s brain, often due to birth trauma or unexpected complications. An intracranial hemorrhage can cause debilitating health issues like brain damage and developmental problems.

• • Spinal Cord Injury: Spinal cord injuries as birth complications are generally rare (thankfully) but are serious when they occur. The risk of a spinal cord injury increases during a challenging delivery that includes excessive pulling, twisting, or stretching of the baby’s neck, particularly in breech births or when the OB/GYN uses tools like forceps or vacuum extractors improperly.

Ramifications of Birth Injuries on Virginia Families

When a child suffers a birth injury, many feel the repercussions. Most notably, the child’s parents.

A birth-related neurological injury or other labor and delivery-related diagnosis can impact a family in profound and long-lasting ways. Parents often feel sad for their child, overwhelmed by what the future may hold, and unsure of what to do following a serious birth injury.

These feelings may come and go as your child ages. Periods of normalcy get interrupted by the ongoing challenges that arise when getting medical treatment for your child or helping them navigate developmental challenges.

Common difficulties experienced by the parents and loved ones of children with birth injuries include:

• • Emotional and Psychological Trauma: Your child’s birth injury puts an emotional and psychological toll on you. This burden can be long-lasting and devastating for parents. It is common for parents to struggle with anxiety, depression, and post-traumatic stress disorder (PTSD) in the wake of a serious birth injury. The stress and demands of caring for a special needs child can strain a marriage and affect parents’ relationships with their other children.

• • Financial Strain: A birth injury’s economic impact is staggering over the long run. In addition to immediate medical expenses and hospitalization to treat the injury and minimize its long-term consequences, your family and child may also have lifelong expenses such as ongoing therapy, special equipment, home and vehicle modifications, and even at-home health care. These costs add up fast, leaving your family financially strained or bankrupt. This is why I recommend pursuing compensation through a Virginia birth injury lawsuit or a claim with the Virginia Birth-Related Neurological Injury Compensation Program. Such action aims to ease these financial burdens and gain the resources needed to ensure your child receives the best care possible.

• • Social and Educational Difficulties: A serious birth injury can adversely impact a child’s ability to engage in social activities and educational opportunities. Depending on the severity of the injury, your child may require special education services or adaptive technologies to assist them during their formative years. As a parent, it can be gut-wrenching to watch your child struggle with tasks that should be relatively simple and fun, such as going to a playground, visiting the local library, or playing recreational or school sports.

As your Virginia birth injury lawyer, we understand these challenges. If we accept representation in your case, we will work tirelessly to advocate for your child’s right to receive necessary educational and social support.

What Financial Restitution is Available for a Birth Injury?

What you can receive and how much you can receive depends on whether you can bring a medical malpractice action for the birth injury or whether you are restricted to receiving benefits through the Virginia Birth-Related Neurological Injury Compensation Act.

In a birth injury medical malpractice claim, the amount of damages you may seek depends on many factors, including

• • The severity of the injury

• • The long-term impact on the child’s health

• • The cost of ongoing medical care

• • Other related expenses.

Compensation typically aims to cover immediate and long-term medical expenses, rehabilitation costs, lost wages if a caregiver needs to take time off work, and potentially pain and suffering.

In severe birth injury cases caused by medical negligence, compensation can be substantial to ensure the child receives necessary medical care and support throughout their life.

Cap on Medical Malpractice Damages in Birth Injury Cases

Although you may have a medical malpractice case for your child’s birth injury and obtain a jury verdict for millions of dollars, know that Virginia has a statutory cap on medical malpractice damages.

Specifically, § 8.01-581.15 of the Virginia Code limits the amount of money medical malpractice victims can recover, regardless of their pain and suffering. As of July 1, 2024, the statutory cap on compensation is $2.65 million. Each year, the cap will increase by $50,000, up to a maximum of $3 million by July 1, 2031.

Why It Makes Sense to Hire a Virginia Birth Injury Lawyer

No parent wants their child to miss those big life moments and milestones. This is a big reason why a birth injury is so devastating. Parents often feel like their child has been robbed of their future or happiness due to a preventable mistake during birth.

This is where a birth injury lawyer can help.

When you have a Virginia birth injury attorney on your side, they will go to work building a compelling case on your behalf. If your child suffered a serious birth-related injury, a settlement can be life-changing. A birth injury lawyer in Virginia can also help file a birth injury lawsuit against a doctor, medical professional, and/or hospital, focusing on irresponsible or inadequate medical care during pregnancy, labor, delivery, or aftercare. Or, if the Neurological Injury Compensation Act applies to the birth injury, your attorney will submit a claim to the Workers’ Compensation Commission, which oversees this law.

Statute of Limitations For a Birth Injury in Virginia

Under § 8.01-243 of the Virginia Code, the statute of limitations for filing a birth injury lawsuit in the Commonwealth is usually two years from the date of the injury. This means that parents have two years from the date of their child’s birth injury to file a medical malpractice lawsuit seeking financial restitution for their child’s injuries. The two-year statutory deadline may vary depending on the circumstances of the case, so I recommend you consult with an experienced and knowledgeable birth injury lawyer as soon as possible to ensure that you do not miss any critical deadlines.

Have Questions About Your Legal Options Following a Birth Injury? Contact an Experienced Birth Injury Attorney in Virginia.

If your child suffered a severe, debilitating injury during birth, then now is the time to schedule a free consultation with Corey Pollard Law. During the consultation, my firm will take the time to address your questions, assess what happened, and discuss your legal options.

Contact us today to schedule a no-cost, confidential consultation with a top-ranked child injury lawyer who has resolved birth injury cases. You can reach us at (804) 251-1620 or (757) 810-5614 or fill out this form. If you decide to initiate legal action with us, you pay no fees unless and until your family receives payment.