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.
What is a Birth Injury Claim?
The starting place for understanding birth injury claims requires knowing 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. This can include a mistake made by a doctor or nurse, or due to a lack of appropriate medical care. The basic idea is that, immediately before birth, the baby was healthy. But, as a result of the birthing process, the baby sustains a serious injury.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Types of Birth Injuries
There are various types of birth injuries that can occur. Some of the most common birth injuries include the following:
- Cerebral palsy, a neurological disorder caused by brain damage during or after the birthing process. This disorder can interfere with movements and posture;
- Brachial plexus injuries, which injure nerves that impact the shoulders, arms, and hands;
- Neonatal hypoxic-ischemic encephalopathy, a form of brain damage caused by oxygen deprivation during the birth process;
- Erb’s palsy, occurs when medical providers damage nerves to the baby’s arm, which can create paralysis of the arm;
- Spinal cord injuries, which can cause partial or total paralysis.
Common Causes of Birth Injuries
These injuries can result from several factors. Common causes include a lack of oxygen during birth, improper use of birth-assisting tools, or a delayed C-section. You can expect negligent medical providers to aggressively fight these claims. They will argue that the injuries were caused by a number of factors that had nothing to do with negligence.
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. Hospitals and doctors aggressively defend these cases. For that reason, the severity of the injury also helps clarify whether it makes financial sense to pursue the case.
How to Pursue a Birth Injury Claim in Virginia
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, of course, they can help parents 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 for the parents.
The next step is a pre-litigation review of the medical records by a medical professional. The reviewing professional must be from the same field as the allegedly negligent medical provider. The medical professional provides an expert opinion about whether malpractice occurred. If they determine that negligence occurred, they can sign a certificate of merit pursuant to Va. Code sec. 8.01-20.1. This certificate will be required if the case cannot be settled and the injured baby’s family files a lawsuit.
Litigation of a Birth Injury Case
Once a lawsuit is initiated, the investigation and discovery phase will follow. This is where both sides gather evidence and build their cases and defenses. This phase can be lengthy and may involve written discovery, depositions, and expert witness designations. There will also be other legal proceedings and motions practice. 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. It is important to understand that many medical malpractice cases go to trial, more so than other types of injury claims.
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.
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What Do I Need to Show to Win a Birth Injury Case?
To prevail in a birth injury case you will need to show four things. First, you will need to show that a doctor owed a standard of care to a patient. That means that the doctor needed to follow certain rules of practice when treating a patient.
Second, you will need to show that the doctor breached the standard of care. That requires you to show that the doctor failed to follow acceptable rules.
Third, you will need to show that you or your child suffered harm.
Fourth, you will need to show that the harm you suffered was caused by the doctor’s breach. This is a tricky and hard-fought point. Doctors and hospitals will fight causation even when it is clear that they breached the standard of care.
How to Pursue a Birth Injury Case
At MartinWren, P.C., we understand the pain and frustration that can come with a birth injury claim. Our team of experienced and compassionate lawyers helps 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.
Ask to speak with Lauren Byrne, an experienced medical malpractice attorney who has also given birth to six children.
Call (434) 817-3100 or complete a Case Evaluation form
