While most labors and deliveries happen without any issues, sometimes there are medical problems that result in birth injuries or trauma, leading you to need a Virginia birth injury lawyer from MartinWren, P.C. Some of these birth injuries end up causing long-term or permanent health issues. Many of these injuries are avoidable, caused by negligence from a medical professional tending to the mother and/or infant. Many birth traumas happen because no one recognized and responded to signs of fetal distress.
At MartinWren, P.C., we understand how devastating it can be for families to learn their child has suffered permanent harm because of medical negligence. The following are some of the most common types of injuries our personal injury lawyer in Virginia handles:
Birth Asphyxia
The medical term for birth asphyxia is hypoxic-ischemic encephalopathy. This occurs when there is a lack of oxygen or blood flow during delivery. A baby who suffers from birth asphyxia can be left with permanent mild to severe physical and mental disabilities.
Intracranial Hemorrhage
A newborn’s skull is not completely developed at birth and is very fragile. If medical professionals are not extremely careful during the birthing process, they can cause bleeding in the baby’s skull. This is referred to as intracranial hemorrhage. Our Virginia birth injury lawyers want you to know that there are several types of intracranial hemorrhage a baby can suffer:
- Cephalohematoma: When this occurs, there is bleeding between the skin and the skull. Often, a bump develops within a few hours after birth but is usually gone within a few weeks or months.
- Cerebral Hemorrhage: This type of hemorrhage occurs inside the brain and is similar to bleeding that happens when a person suffers a stroke.
- Intraventricular Hemorrhage: Our Virginia birth injury lawyers share that this is the most severe type of hemorrhage. The bleeding begins in the brain’s ventricular system. This is where the body’s spinal fluid is made.
- Subconjunctival Hemorrhage: This occurs when blood vessels in the infant’s eyes break. One symptom of subconjunctival hemorrhage is bright red bands around the iris of the baby’s eyes, which usually disappear within a few days after birth.
Bell’s Palsy
Bell’s palsy can develop if the infant’s facial nerves are damaged during labor or delivery. Our birth injury lawyers in Virginia can attest that this happens if too much pressure is put on the baby’s face while passing through the birth canal, often by careless use of forceps by the doctor.
Erb’s Palsy
The brachial plexus is a network of nerves that control the hands and arms. If there is damage to the brachial plexus, the baby cannot flex their arms. Although Erb’s palsy is usually temporary, the injury could be permanent if a nerve is torn.
Spinal Cord Injuries
If the doctor incorrectly rotates, pulls, or overstretches the infant during delivery, this can cause injuries to the spinal cord, resulting in permanent medical issues.
Contact a Birth Injury Lawyer in Virginia Today
If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact a birth injury lawyer Virginia families trust today. We will schedule a free case evaluation and determine what kind of financial compensation your family may be entitled to. Call us now to speak with a respected birth injury lawyer in Virginia from MartinWren, P.C.!
Is What Happened to Your Child a Birth Defect or a Birth Injury?
A congenital disability occurs during the pregnancy, either because of genetics or something that happens to the mother. Some medications can cause congenital disabilities, as can drugs or alcohol. A birth injury takes place during the birthing process. If you’re not sure which has happened to your baby, talk to a birth injury lawyer in Virginia at Martin Wren, P.C. Attorneys at Law to help you determine if you might have a cause for action.
What Are the Causes of Birth Injuries?
There are many potential causes of birth injuries. They include:
- Failure to perform a c-section. If the baby goes into distress during labor, the doctor may only have a few minutes to deliver the baby. The baby’s oxygen could be cut off from her brain, causing a birth injury.
- Failure to use a heart monitor on the baby. If the baby has an irregular heartbeat, it could contribute to birth injuries.
- Vacuum or forceps errors. Your doctor may deem it necessary to use one of these medical devices to aid in the delivery of your baby. However, it takes skill and training to use them properly. If they’re used the wrong way, they can cause serious injuries.
If you believe your baby was injured due to the negligence of a medical professional, reach out to Martin Wren, P.C. Attorneys at Law birth injury lawyer in Virginia.
How Is Compensation Calculated in Birth Injury Cases?
To calculate the birth injury compensation you may be entitled to, factors include the total amount of damages the parents and child will sustain during the child’s life. You’re due not only what you’ve already paid out of pocket but what you will reasonably pay in the future. Your child is due damages as well. Some common damages include:
- The cost of your baby’s medical care for her entire lifetime
- The cost of special education, should it be warranted
- Lost wages for both the parent who has to take time off to care for the child and the child herself
- The parents and child’s pain and suffering
A birth injury lawyer in Virginia will be able to tell you precisely what you can sue for.
Are All Birth Injuries Caused by Medical Malpractice?
No, not all birth injuries are caused by medical malpractice. Childbirth is a traumatic experience for both mother and baby, and sometimes injuries occur. For example, if your child has a large head, that could cause complications during delivery. A birth injury lawyer in Virginia can help you determine if your baby’s injury was malpractice or not.
For a legal consultation with a personal injury lawyer, call 434-817-3100
A Virginia Birth Injury Lawyer for a Wrongful Death
If you have recently lost a baby to a medical error, our heartfelt condolences go to you and your family. At MartinWren, P.C., our Virginia birth injury lawyers understand how difficult this must be for you, and we know that you may struggle to pursue legal compensation.
As a Virginia birth injury lawyer, we would like you to know that guidance is available. With a little help and emotional support, we can discuss your case and explore your legal options. Although you might feel as if you don’t have the strength to pursue justice, there are time constraints. By building up the courage to talk with a birth injury lawyer based in Virginia, you are not only seeking a sense of justice, but you might also have a role in safeguarding other babies from being the victim of a medical error. Please call MartinWren, P.C., to talk with a Virginia birth injury lawyer you can rely on.
Wrongful Death Birth Injury Cases
In a wrongful death case that involves a baby, a Virginia birth injury lawyer will investigate what happened and determine who is responsible. In general, these cases will involve a medical staff member who made a horrible mistake that resulted in the death of the child, the mother, or both. These staff members could include nurses, physicians, and assistants. It is possible for the death to occur while in the womb (i.e. stillborn) or shortly after the delivery. Sadly our birth injury lawyers in Virginia can tell you that many common birth injuries that lead to death are often preventable. For instance, failure to perform a c-section, misuse of forceps during childbirth, and administering too much medication can all lead to an infant’s death.
Do You Have a Case?
Following the tragic death of an infant, it is common for a hospital representative or the insurance company to contact the parents. Most likely, they will explain to you that the staff did everything possible to save the mother or child. They might even offer a settlement to you. It is highly advisable to avoid accepting anything at all, nor should you sign anything without speaking to a Virginia birth injury lawyer. These are clear indicators that something is not right.
Bear in mind that even if you were not contacted by any parties or offered a settlement, you may still have a claim. If you feel something is not right or you reflect a sense of error made by anyone at the hospital, please listen to your instincts and consult a Virginia birth injury lawyer from MartinWren, P.C.
Tips to Consider
When you meet with your Virginia birth injury lawyer, you are encouraged to share your feelings about what happened and how the events transpired. It is a good idea to bring as much documentation as possible, including medical records, pamphlets, discharge paperwork, and so forth. It may also help to write down your own testimony and the testimony of witnesses, family members, or friends.
As soon as you are ready, please call a Virginia birth injury lawyer from MartinWren, P.C.
Proper Steps to Take After a Birth Injury
Birth injury lawyers Virginia families can rely on for help have represented many clients who are suffering the aftermath of birth injuries that were the result of medical negligence. When two people decide to grow their family, they likely weren’t expecting the result to be as traumatic and devastating as the outcome they ultimately ended up with. Whether birth injuries cause lasting damages or the death of a new baby, such situations have a shattering impact on parents who are left grieving in the aftermath. It can be hard to move forward with the life they once knew, making even everyday activities seem like a chore. However, MartinWren, P.C. can share that when medical malpractice results in the losses suffered by the family, taking legal action can be a way to hold responsible parties accountable and to receive compensation for losses. Consider taking the following steps forward:
Locating an Experienced Lawyer
Legal representation is key when taking legal action against a medical professional, as victims will need the vast experience and resources that lawyers have available at their fingertips. It’s essential to start searching for a lawyer with the ability to provide premier representation. Start this by:
- Searching only for lawyers with medical negligence and birth injury experience
- Conducting Internet research and reading online reviews
- Asking others who have pursued cases similar to yours for recommendations
- Asking for referrals from prospective lawyers
- Scheduling a consultation with a lawyer for the opportunity to meet with them in person
A lot is riding on the line after a birth injury, and victims deserve every opportunity at representation that they can rely on. By properly searching for a Virginia birth injury lawyer, there’s a higher probability of receiving the support and guidance necessary for cases of this nature.
Moving Forward with the Legal Process
After consulting with a lawyer and making a selection, a thorough review of the case will follow. A lawyer will review all available evidence and may even work with an expert witness to gain a clear understanding of the case and the damages that have resulted. Once they clearly understand the damages, they can then assign a value to the case. The process for initiating a legal claim will start with a demand letter; this entails outlining the case details and reason for pursuing legal action. A typical demand letter will include:
- Medical care received.
- Interactions with the physician.
- A description of losses.
- The impact it has had on the victim’s life.
It will also include a monetary value for the damages that resulted from the care that was received. Once the insurance adjuster receives the demand letter, they will review and likely conduct their own investigation. From there, in typical situations, negotiations will begin.
Identifying a Birth Injury
Uncovering a birth injury is no easy feat, especially considering that some injuries won’t become noticeable until months or years after a child is born. There are some initial signs that parents can watch out for that may mean a birth injury has happened to their child:
- Abrasions, bruising, or swelling on the baby’s shoulders, face, or head
- Infant requiring CPR or breathing tube shortly after delivery
- Seizures that happen within 48 hours of being born
- Newborn struggling to start breathing immediately after delivery
- Limp or loose extremities, showing a lack of muscle tone
A doctor who fails to recognize and attend to a birth injury within a reasonable timeframe and manner may be held liable for the incident. Parents who are supposed to be enjoying one of the happiest days of their lives may be distraught over realizing their baby is less than healthy. And to make matters worse, it’s possible that the doctor or medical team had made a mistake or been negligent which caused the birth injury to happen.
There are birth injuries that don’t show signs until the child gets older. Examples of symptoms that may appear within the first few years of birth include:
- Muscle or joint stiffness
- Inability to control arm or leg movement
- Inability to walk, sit up, or crawl
- Trouble with basic movements (grasping, clapping)
When infants miss developmental milestones, parents may become understandably concerned about what this means for their child’s future. If your child has not reached milestones such as those listed below, you must speak with a doctor and birth injury lawyer as soon as you can.
2 Months Old
A child at two months of age should be making gurgling sounds, following objects with their eyes, smiling at people, turning their head toward noises, and exhibiting smoother movements of their arms and legs.
6 Months Old
An infant at six months old should have the ability to pass objects between each hand, recognize familiar faces, respond to the feelings of others, generally happy in mood, sitting without support, and able to rock backward and forward.
1 Year Old
A toddler at twelve months of age should be pulling themselves up to stand, standing on their own with a few steps, crying when parents leave the room, trying to speak, shaking their head, playing simple games (like peek-a-boo), waving, and walking while holding an object.
Virginia Birth Injury Lawyer Near Me 434-817-3100
Contact MartinWren, P.C. Now
While nothing can turn back time, taking steps forward by engaging in the legal process with MartinWren, P.C. is a way to hold those who are responsible accountable. There are various ways birth injuries can happen. Because of the complexities of deciphering what went wrong, it will be imperative to have a lawyer’s experience and their vast resources to prove the claim. Our team will work tirelessly for victims and their families to achieve the best possible case outcome. To learn more about the support our Virginia birth injury lawyer offers, please schedule a consultation before it’s too late.
Call 434-817-3100 or complete a Case Evaluation form
