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Birth defects and birth injuries can turn what should be the most joyful of all family experiences into an overwhelming emotional and financial challenge. Some injuries in newborns occur due to natural complications, but others are caused by medical negligence or exposure to dangerous products during pregnancy.
The medical malpractice attorneys at Marks & Harrison have helped countless families cope with the difficulties of birth injuries and defects, and we are ready to help you. We have been representing the injured of Virginia since 1911, and we understand the despair a family feels when a vulnerable infant suffers harm. Contact our medical malpractice lawyers today at 1-800-283-2202 for a free, no-obligation, and confidential consultation or submit a Case Evaluation online. We have offices throughout Virginia, including Richmond, Hopewell, Petersburg, Charlottesville, Tappahannock, Louisa and Staunton.
Birth injuries often occur when medical professionals fail to notice warning signs of maternal or fetal stress. Another major cause of birth trauma is improper management of shoulder dystocia, which occurs when the baby's shoulders are too large for the birth canal and become stuck behind the mother's pubic bone. Shoulder dystocia often causes complications including:
- Cerebral Palsy
- Erb's palsy
- Klumpke's palsy
- Torticollis
Birth defects occur when the fetus fails to develop properly. These heartbreaking medical conditions can be caused by natural complications such as chromosomal abnormalities or genetic history. However, some defects occur as a result of outside factors which can be prevented, including:
- Exposure to dangerous medications
- Exposure to toxic pesticides or other materials known to cause damage to unborn children.
- Poorly managed diabetes or other health conditions requiring careful monitoring by a physician.
Birth defects from these preventable risk factors can be life-long, and can include:
- Neural tube defects
- Cleft palate
- Genital defects
- Respiratory disorders
- Heart disorders
If you believe your child's birth injury was caused by improper medical procedure – or your child's birth defect occurred as a result of toxic exposure or a mismanaged medical condition, you should understand your legal options. In Virginia, a statewide compensation fund was established to help the families of babies suffering from specific types of injuries. The Virginia Birth-Related Neurological Injury Compensation Program can help some families cover medical costs – but not every child is eligible.
Birth defects are not covered by the program, and claims for birth injuries that are eligible are subject to approval by the Virginia Workers’ Compensation Commission (WCC). Working with an experienced attorney is not required by the WCC, but legal representation can be crucial to the outcome of your claim. The knowledgeable legal staff at Marks & Harrison can assist you by reviewing your child's condition to determine if you do have a case. If your child's injury merits benefits from the state compensation program, we can help you with your claim to improve your chances of receiving approval.
At Marks & Harrison, we place our clients’ interests above all else. Our lawyers will analyze your case and advise whether you are entitled to compensation. If we don't think you need an attorney, we will tell you right away. Contact us today by calling toll free at 1-800-283-2202. Our phones are answered 24 hours a day, 7 days a week. You can also submit a Case Evaluation online.
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