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When a newborn is injured during birth in Virginia, a Virginia birth injury lawyer provides essential legal assistance to the family. These lawyers understand how to handle cases where medical mistakes cause harm to infants. They work to get justice and financial support for families confronting these challenging circumstances during such a difficult time.
If your child has suffered a birth injury, call the compassionate Virginia birth injury lawyers at Regan Zambri Long PLLC. Our lawyers deeply understand the struggles your family is facing and will fight for fair compensation to care for your child.
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Childbirth negligence happens when medical professionals make mistakes during labor and delivery that hurt the mother or baby. This can include misusing medical tools, not keeping a close watch on the baby’s health, delaying necessary C-sections, or giving the wrong medicine. When these mistakes cause serious problems like brain injuries or broken bones, it is considered childbirth negligence.
Families affected by these errors often take legal action to get financial compensation and hold the responsible medical professionals accountable.
Causes of birth injuries vary, affecting newborns in different ways, ranging from minor bruises to more serious injuries that may have long-lasting effects. Some of the most common birth injuries in Virginia include:
Birth asphyxia occurs when a baby doesn’t get enough oxygen before, during, or shortly after birth due to issues like placental problems, umbilical cord complications, or prolonged labor. This oxygen deprivation can lead to severe problems such as brain damage, organ failure, cerebral palsy, or, in the worst cases, death, sometimes exacerbated by medical errors that can result in legal consequences. Symptoms include a low heart rate, weak breathing, and poor muscle tone.
Intracranial hemorrhage is bleeding in a baby’s brain, often due to birth trauma or complications, which can cause severe health issues like brain damage and developmental problems. Symptoms may include seizures, difficulty breathing, and feeding problems.
Bell’s Palsy occurs when a baby’s facial nerve is compressed during a difficult delivery or the use of 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 affects a baby’s arm and shoulder movement, often due to excessive pressure on the neck and shoulders during the birthing process, which stretches or tears the controlling nerves. This can result in arm weakness, numbness, or paralysis. Symptoms range from mild weakness to complete immobility, depending on nerve damage severity.
Spinal cord injuries as birth complications are rare yet serious, occurring during difficult deliveries with excessive pulling, twisting, or stretching of the baby’s neck, particularly in breech births or when tools like forceps or vacuum extractors are mishandled. Symptoms may involve spinal cord damage leading to lifelong complications such as paralysis, sensory loss, or functional issues.
The amount of compensation for a birth injury can vary widely based on factors such as how severe the injury is, the long-term impact on the child’s health, the cost of ongoing medical care, and other related expenses. Compensation typically aims to cover medical bills, rehabilitation costs, lost wages if caregivers need to take time off work, and potentially pain and suffering.
In severe birth injury cases resulting from medical negligence, compensation can be substantial to ensure the child receives necessary care and support throughout their life.
The Virginia Birth-Related Neurological Injury Compensation Act, enacted in 1987 and administered through the Virginia Workers’ Compensation Program, requires doctors to disclose their participation in the program. Families eligible for compensation under this program receive benefits covering up to 40 hours of home care per week, with a window of up to ten years to enroll.
Enrolling in this program generally prohibits families from filing medical malpractice claims. A birth injury attorney will help determine whether the program adequately addresses a family’s needs or if a child’s injury demands more substantial compensation or falls outside the program’s scope. If the latter is true, an attorney will initiate a birth injury lawsuit on their client’s behalf.
In a Virginia medical malpractice lawsuit, insurance companies often use the following formulas in an attempt to calculate pain and suffering:
Multiplier Method: This approach calculates your damages (such as medical bills and lost wages) by multiplying them with a number corresponding to the severity of your injuries.
Per Diem Method: This method assigns a set dollar amount for each day from the accident until the victim achieves maximum recovery.
Under § 8.01-581.15 of the Virginia Code, there is a cap on the total amount of money medical malpractice victims can recover, regardless of their pain and suffering.
A Virginia personal injury attorney can prove medical negligence by establishing several key elements in a personal injury case:
Firstly, an experienced attorney will demonstrate a duty of care was owed to the patient by the healthcare provider, which is typically established through the doctor-patient relationship.
Secondly, they need to show that the healthcare provider breached that duty by failing to heed the standard of care expected in similar circumstances. This breach could involve misdiagnosis, improper treatment, or surgical mistakes.
Thirdly, the lawyer must establish a direct link between the breach of duty and the patient’s injury, proving that the negligence directly caused harm.
Lastly, they need to demonstrate the extent of damages caused by the negligence, which commonly includes medical expenses, lost wages, and pain and suffering.
What is the 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 is usually two years from the date of the injury, meaning that parents have two years from the date of their child’s birth injury to file a lawsuit seeking compensation for their child’s injuries. This two-year deadline may vary depending on the circumstances of the case, so it’s advised to consult with a Virginia birth injury lawyer as soon as possible to ensure that you do not miss any important deadlines.
