Have you experienced the horrific effects that accompany your child sustaining injuries in the first moments of their life? If so, you need the assistance of an experienced legal team who can fight for your family’s rights. You need a Richmond birth injury lawyer from Marks & Harrison.
For more than 100 years, our law firm has helped Virginia families seek justice when medical negligence leads to birth injuries. Our seasoned medical malpractice attorneys understand the emotional and financial challenges that families face when a child suffers harm during pregnancy, labor, or delivery. As one of Virginia’s largest personal injury law firms, we bring substantial resources to your case, including former claims adjusters and skilled investigators who help us build strong claims for our clients.
When you choose Marks & Harrison, you work with a firm that other Virginians consistently recognize for excellence. The Richmond Times-Dispatch readers have named us the Best Law Firm in Richmond for 10 consecutive years. We consistently achieve outstanding results and receive positive feedback from our clients.
Contact us today for a free consultation with an experienced birth injury lawyer in Richmond and discover your legal options.
How Do Richmond Birth Injuries Happen?
Birth injuries often occur when medical professionals fail to follow proper procedures during pregnancy monitoring, labor, or delivery. Some of the most common causes of birth injuries our law firm has seen include the following:
- Delayed cesarean section — Medical staff may wait too long to perform a necessary C-section when the baby shows signs of distress.
- Improper use of delivery tools — Incorrect application of forceps or vacuum extractors can cause serious harm to the infant.
- Inadequate fetal monitoring — Failure to detect and respond to signs of fetal distress or oxygen deprivation can be life-threatening.
- Medication errors — Administering incorrect medications or dosages during labor and delivery can lead to long-term complications for the baby.
- Poor communication — Breakdowns in communication between medical staff members can lead to preventable mistakes.
What Are Some Examples of Birth Injuries?
Birth injuries can range from mild to severe and may affect different parts of the body. They include the following:
- Head and brain trauma — Injuries from excessive force or oxygen deprivation during delivery.
- Broken or fractured bones ‒ Often occurring in difficult deliveries or when too much force is applied.
- Nerve damage — Injuries to facial nerves or the brachial plexus network of nerves.
- Spinal cord injuries — Trauma to the spine during the birthing process.
- Soft tissue injuries — Cuts, bruises, or swelling from mechanical force during delivery.
What Are Some Conditions That Could Be the Result of Birth Injuries?
Birth injuries can lead to several severe medical conditions that may affect a child throughout their life, including the following:
- Cerebral palsy — A condition affecting muscle control and coordination, often resulting from brain damage during birth.
- Erb’s palsy — A form of nerve damage that can cause weakness or paralysis in the arm and shoulder.
- Hypoxic brain injury — Brain damage caused by insufficient oxygen during the birthing process may lead to developmental delays and cognitive problems.
- Seizure disorders — Neurological conditions that may develop due to trauma during birth.
- Motor skill difficulties — Problems with movement, balance, and coordination stemming from birth trauma.
Is a Birth Defect the Same as a Birth Injury?
Birth injuries and birth defects are distinct medical conditions. Birth defects develop during pregnancy and typically result from genetic factors or environmental conditions affecting the baby’s development in the womb. However, birth injuries occur during the labor and delivery process, often as a result of medical mistakes or negligence.
This is an important distinction from a legal perspective. While healthcare providers are generally unable to prevent most congenital disabilities, they have a duty to take appropriate steps to prevent birth injuries during labor and delivery.
Who Could Be Held Liable for a Richmond Birth Injury?
Several parties might bear responsibility for a birth injury in Richmond, including the following:
- Medical doctors, such as obstetricians, gynecologists, and other physicians who provided care during pregnancy and delivery.
- Nurses who monitored the mother and baby during labor.
- Hospitals that may be responsible for inadequate staffing or poor protocols.
- Medical groups that employ healthcare providers and set care standards.
- Support staff, such as technicians and other medical personnel involved in the delivery process.
At Marks & Harrison, our investigators and attorneys work diligently to identify all parties who may have contributed to your child’s birth injury. Our experience with complex medical cases helps us build strong claims against negligent healthcare providers and institutions.
Can You Seek Compensation for a Birth Injury Lawsuit?
Birth injuries can lead to substantial medical expenses, ongoing care needs, and emotional distress. Families may seek compensation via a birth injury lawsuit for the following:
- Current and future medical treatment
- Physical therapy and rehabilitation services
- Medical equipment and home modifications
- Special education services
- Pain and suffering
- Lost wages when parents must leave work to care for their child.
At Marks & Harrison, we understand how to calculate the full value of birth injury claims. Our attorneys work with medical experts to determine the long-term costs of caring for a child with birth injuries. This careful analysis can help families receive the resources they need for their child’s care.
Does Virginia Have a Time Limit for Filing a Birth Injury Claim?
Virginia law sets specific deadlines for filing birth injury claims. In most cases, families must file within two years of the injury. However, certain exceptions may apply when a child continues to receive treatment for their injuries.
Given these time restrictions and the complexity of birth injury cases, we recommend speaking with an attorney as soon as possible after discovering a birth injury. Early consultation allows our legal team to begin gathering evidence and building your case while medical records and witness memories remain fresh.
Contact a Richmond Birth Injury Lawyer
If your child suffered injuries during birth, the experienced and compassionate attorneys at Marks & Harrison are ready to help. We understand the heartbreak your family is experiencing, and we will fight tirelessly to secure the compensation you need for your child’s care. Contact us today for a free consultation with a Richmond birth injury attorney about your case.
