Having a baby is joyful, stressful, celebratory, and scary. During pregnancy and childbirth, parents do everything in their power to deliver their babies safely into the world. While most deliveries happen without any complications, there are situations where medical professionals commit medical errors that put the life of the baby in jeopardy.
Birth injuries often cause permanent damage to the child that can alter their life and the life of his or her family for the rest of time. Neurological damage could cause the child to be developmentally delayed. Dealing with physical and mental challenges comes at a great cost to a family. This is where Regan Zambri Long comes in.
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At Regan Zambri Long PLLC, our Virginia birth injury lawyers deeply understand the struggles your family is facing. We offer a free consultation to new clients where you will speak with a seasoned birth injury attorney who will guide you through the legal process. If your child was injured due to the negligence of medical professionals during pregnancy or childbirth, call us today. We will work to ensure your family recovers the maximum compensation available.
At Regan Zambri Long, we believe in keeping our clients informed about their cases. While we will do the heavy lifting, we believe the best results come from clients who understand their rights and what they’re fighting for.
The first thing to understand about a birth injury claim is exactly what a birth injury is and what a birth injury is not. The National Center for Biotechnology Information (NCBI) gives us this definition of a birth injury: a birth injury is an impairment of the baby’s body function or structure due to an adverse event that occurred at birth. A birth injury results from medical negligence.
According to the NCBI, birth injuries have been steadily declining over the years. However, medical malpractice is still considered the third-leading cause of death in the United States – medical errors still happen and have lasting effects on victims.
Birth injuries should not be confused with birth defects. While a birth injury is caused by medical errors due to negligence, a birth defect is developed in utero during pregnancy. Most birth defects develop within the first three months of the pregnancy. Birth defects are not caused by medical negligence.
There are many different ways a baby could be injured during pregnancy and childbirth. The following list contains the most common ways a baby is injured in Virginia and across the United States. However, if your child’s injury is not listed here, take some time to call Regan Zambri Long to discuss your story at length with a birth injury attorney. Our lawyers will compassionately listen to you and give you a fair assessment of your case.
The most common types of birth injuries that occur in Virginia are:
Although hundreds of thousands of babies are born every day, there is no such thing as a routine pregnancy or childbirth. Every mother is different and every child is different. While we all know accidents can happen, many medical errors are due to negligent healthcare providers.
Negligence is the failure to take proper care in doing something. As soon as the doctor-patient relationship is established, the medical professional must provide the standard of care that another reasonable physician would provide in the same circumstance. Anything less is negligence.
At Regan Zambri Long, we understand that in the aftermath of your child’s injury, the last thing on your mind is a birth injury lawsuit. Your entire focus is getting the proper care for your child, as it should be. Our job is not to play the blame game – we know that doesn’t help anyone. However, the birth injuries your child suffered will most likely put a huge financial burden on your family, possibly for the rest of your child’s life. Our goal is to make sure you are financially compensated for the injuries that a negligent medical professional caused. You should not be financially responsible for someone else’s mistake.
The different healthcare providers that can be liable for your child’s birth injury are:
The most common causes of birth injuries due to medical negligence are:
While we’re talking about possible injuries to the baby during pregnancy and childbirth, we also want to note the possibility of maternal injuries. These injuries are also very real and very possible. In fact, between 5% and 7% of all pregnancies are complicated by injuries and trauma.
Injuries mothers are at risk for include:
If you or your baby suffered any injuries listed above, contact the birth injury lawyers at Regan Zambri Long. Our attorneys will work around the clock to ensure you recover the compensation you deserve.
There are several steps we will take to start, negotiate, and finalize your birth injury claim. While you focus on your child’s care, our birth injury lawyers will work to file, build, and negotiate your birth injury claim in the quickest amount of time possible.
As we spoke about before, the first step in any personal injury case is to determine fault. With birth injury claims fault can be with a single doctor, with a doctor and other hospital staff, or with medical professionals and an entire medical facility.
When multiple parties are at fault, the birth injury case can get complicated very quickly. This is why it is essential to have an expert legal advocate by your side. The Regan Zambri Long birth injury lawyers will be able to determine which party or parties are at fault and proceed with a claim against every single party involved.
After our lawyers determine who is liable for your baby’s birth injury, we will start to build a case. There are four steps to proving negligence of the at-fault party.
As soon as a doctor/patient relationship is formally established, the doctor owes the patient the best care possible. We will use medical records, correspondence, phone calls, etc. to prove that the defendant had a working, established doctor/patient relationship with you during pregnancy and/or childbirth.
We will use medical consultants, expert witnesses, and other medical professionals to prove that another reasonable physician would have acted differently, avoiding the birth injury your baby sustained.
The defendant’s lawyer will try to argue that the injury your child suffered did not happen in the hands of the defendant. We will prove, without a shadow of a doubt, that your child’s injuries were a direct result of the defendant’s negligence.
Nothing else could have or did injure your newborn.
Finally, you will decide with your birth injury lawyer the damages you are seeking in your birth injury case.
The damages your birth injury lawyer will seek from your lawsuit are:
While there is no exact estimate of how much a birth injury case is worth, your Regan Zambri Long birth injury lawyer will seek the maximum amount. We want to make sure all the costs related to your child’s injury are covered for the rest of his or her life.
The Virginia Birth-Related Neurological Injury Compensation Act was passed in 1987 and is administered through the Virginia Workers’ Compensation Program. By law, your doctor must inform you if he or she participates in the program. The program compensates families for home care for up to 40 hours per week. The family has up to ten years to enter this program.
If the family is compensated through the Virginia Birth-Related Neurological Injury Compensation Program, they forfeit the rights to a medical malpractice lawsuit. Your birth injury attorney will find out if your doctor participates in this program and discuss your options. If this program is the best route for your family’s needs, then we will help you enter. However, if your baby’s birth injury does not fit the description or if the injury sustained demands higher compensation, then we will proceed with a birth injury lawsuit.
Virginia has a two-year statute of limitations for a personal injury lawsuit, including a birth injury claim. While this may seem like a long time, medical bills pile up quickly. At Regan Zambri Long, we believe the quicker you file a claim the better. That way, your financial future is secure and you can focus on what’s really important – your child’s health.
Medical malpractice claims are quite complicated. While we will work to secure a favorable settlement as soon as possible, these cases can take a long time. If the hospital’s insurance company is not responsive to negotiations, we will take your birth injury claim to court.
The Regan Zambri Long attorneys are expert trial lawyers. We have been practicing in Virginia, Washington DC, and Maryland for over 30 years and have secured millions for our clients. We are confident we can do the same for you. We have the financial backing to see your case through until the very end, even if we have to go to court. No matter how long it takes, you can rest assured your birth injury lawyer will be with you until your case is resolved.
One of the promises we make to our clients is to work on a contingency basis. That means, your birth injury lawyer will only get paid if we win. We spare no expense while we build your case, but it’s all on Regan Zambri Long’s dime. We firmly believe in fully taking the burden of the claims process off your shoulders so you can focus on your child. Call today for your free consultation.