Understanding Birth Injury Claims

August 21, 2023 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

A birth injury claim can be an essential avenue for parents whose child has suffered harm due to medical negligence during the birth process. Birth injuries can range from mild to severe and can have a lasting impact on a child’s life. 

First and foremost, it is essential to know what constitutes a birth injury claim. A birth injury claim is a legal action brought by parents or guardians on behalf of a child who has suffered harm during the birth process. This harm could be a result of medical negligence, such as a mistake made by a doctor or nurse, or due to a lack of appropriate medical care.

There are various types of birth injuries that can occur, some of the most common include cerebral palsy, brachial plexus injuries, and fractures. These injuries can result from several factors, such as a lack of oxygen during birth, improper use of birth-assisting tools, or a delayed C-section. The severity of the injury and the impact it will have on the child’s life will play a significant role in determining the compensation that may be awarded in a birth injury claim.

When it comes to pursuing a birth injury claim, there are several steps that parents need to take. The first step is to consult with a qualified  Virginia birth injury lawyer. A lawyer will be able to review the details of the case and determine whether there is a valid claim. They will also be able to guide parents through the legal process and help them understand what to expect.

It is also important to gather all necessary medical records and documentation related to the birth injury. This documentation will be crucial in building a strong case and proving that medical negligence occurred. Once all the necessary evidence has been gathered, the lawyer will be able to file a claim on behalf of the parents.

The next step in the process is the investigation and discovery phase, where both sides will gather evidence and build their cases. This phase can be lengthy and may involve depositions, expert witness testimony, and other legal proceedings. Throughout this process, the lawyer will work closely with the parents to ensure they are informed and comfortable with the progress of their case.

Once the investigation and discovery phase is complete, the case may go to trial, or the parties may choose to settle out of court. A settlement is often the preferred option as it can provide a quicker resolution and avoid the uncertainties of a trial. However, if a settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine the outcome.

No matter the outcome, it is important to remember that pursuing a birth injury claim can be a complex and emotionally charged process. However, with the right legal representation and support, parents can seek the justice and compensation they deserve.

At MartinWren, P.C., we understand the pain and frustration that can come with a birth injury claim. We have a team of experienced and compassionate lawyers who are dedicated to helping parents navigate the legal process and fight for their rights. We believe in providing personalized and attentive service to each of our clients and will work tirelessly to achieve the best possible outcome for your case.

Let us help you take the first step towards justice. Contact us today to schedule a consultation and learn more about how we can assist you with your birth injury claim.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.


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