While some birth injuries occur naturally and are unavoidable, they also frequently result from negligence during prenatal care, labor, or delivery. These injuries can have lifelong consequences for both the child and their family, hence the importance of seeking the help of a Virginia medical malpractice lawyer to hold the responsible parties accountable.
At Tronfeld West & Durrett, we have over 50 years of experience helping families in Virginia navigate the legal system to seek justice and compensation after birth injuries. We can help determine whether a healthcare provider’s failure to meet standard care protocols contributed to a preventable injury, build a strong case, and advocate for your family’s rights.
What Is a Birth Injury and Why Does It Happen?
Preventable medical errors are among the leading causes of birth injuries. In these cases, and with the help of an experienced lawyer, you can pursue legal action in Virginia to hold the responsible parties accountable for their negligence and secure a compensation amount that accounts for the full extent of the physical, financial, and emotional damage caused.
Defining Birth Injuries and Medical Malpractice
A birth injury refers to physical harm to an infant that occurs during labor, delivery, or immediately after birth. These injuries range from minor trauma, such as bruises, to severe conditions like cerebral palsy or brain damage.
For it to constitute medical malpractice, a birth injury must be caused by negligence—whether it’s failing to monitor fetal distress, misusing delivery tools, or delaying critical medical interventions. If you think your baby was injured due to negligence, a medical malpractice lawyer will help you prove liability and pursue compensation.
Common Types of Birth Injuries
Depending on the circumstances, birth injuries have varying degrees of severity. Some of the most common injuries include:
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Fractures
- Oxygen deprivation (hypoxic-ischemic encephalopathy)
- Spinal cord injuries
- Facial nerve injuries
- Cephalohematoma
- Caput succedaneum
- Intracranial hemorrhage
Common Causes of Birth Injuries in Virginia
According to the National Practitioner Data Bank (NPDB), Virginia had 1,451 medical malpractice reports in 2023. These cases involved birth injuries caused by preventable medical errors, such as:
Medical Errors During Labor and Delivery
Mistakes during labor and delivery are among the leading causes of birth injuries. These include:
- Improper use of forceps or vacuum extractors
- Failure to monitor signs of fetal distress
- Delayed decision-making, such as postponing a necessary C-section
Negligence in Prenatal Care
Birth injuries aren’t limited to the delivery room. Negligence during prenatal care, such as failing to diagnose maternal infections like Group B Streptococcus or complications like preeclampsia, can result in serious risks for both mother and baby.
Similarly, missed signs during routine ultrasounds (such as placental abnormalities or abnormal amniotic fluid levels) often delay essential interventions and cause birth injuries.
Hospital Staffing Issues and Fatigue
Understaffed hospitals and overworked medical professionals face heightened risks of errors, such as missed signs of fetal distress or improper use of medical equipment during delivery.
Fatigue impairs decision-making and reduces the ability to respond quickly to complications. These challenges compound if the staff also faces insufficient training or lack of resources.
Who Is Liable for a Birth Injury?
Virginia Code § 8.01-581.1 defines medical malpractice as personal injury or wrongful death caused by negligent health care services. In birth injury cases, proving liability involves identifying the responsible parties and demonstrating negligence, which often falls in one or more of the following parties:
Doctors and Medical Professionals
Obstetricians, nurses, and other healthcare providers are directly responsible for ensuring safe deliveries. They can be held accountable if they neglect to meet established standards of care and their actions—or lack of action—directly cause injuries.
Hospitals and Medical Facilities
Hospitals and medical facilities bear liability when systemic failures cause birth injuries. For example, hospitals that neglect to implement proper emergency protocols, fail to maintain medical equipment, or inadequately train staff in current obstetric procedures create conditions for negligent care.
Manufacturers of Faulty Medical Equipment
Manufacturers of medical equipment face accountability when defective devices, such as fetal monitors, forceps, or vacuum extractors, cause harm during childbirth. Design flaws, manufacturing defects, or inadequate instructions for proper use can lead to serious injuries for both the mother and baby.
Consulting a lawyer at Tronfeld West & Durrett will help determine if you have a medical malpractice case and provide clarity on the legal options available. Your personal injury lawyer will thoroughly review your medical records, consult experts, and identify liable parties to build a strong case and pursue the compensation you deserve for your and your baby’s injuries and losses.
Damages You Can Recover in a Virginia Birth Injury Case
Pursuing legal action after a birth injury allows you to get compensation for diverse categories, including:
Economic Damages: Medical Bills and Long-Term Care
These include the costs of surgeries, medications, and rehabilitation, as well as long-term care expenses for severe conditions.
Non-Economic Damages: Pain and Suffering
Non-economic damages compensate families for the emotional distress and diminished quality of life caused by the injury, such as chronic pain, loss of enjoyment of life, or psychological trauma.
Punitive Damages for Extreme Negligence
In rare cases involving egregious negligence, punitive damages may be awarded to deter similar conduct in the future.
How Our Virginia Birth Injury Lawyers Can Help
At Tronfeld West & Durrett, we’re committed to helping families recover after a birth injury. With decades of experience and hundreds of millions recovered for clients (as shown in our case results), our team has plenty of resources and expertise to pursue justice even in the more complex cases.
When working with one of our lawyers, they’ll offer:
Investigating Your Case Thoroughly
The first step is to comprehensively investigate your case. This includes gathering medical records, consulting experts, and building a compelling case tailored to your unique circumstances.
Negotiating with Insurance Companies
We have experience negotiating with insurance companies, who often aim to minimize payouts. Your lawyer will present a solid, evidence-backed case and fight for your right to fair compensation, counteracting insurers’ tactics.
Taking Your Case to Trial If Necessary
If reaching a fair settlement is not possible, our attorneys are prepared to take your case to court. With extensive trial experience, we build compelling arguments and meticulously prepare your case to advocate for maximum compensation.
The Statute of Limitations for Birth Injury Cases in Virginia
Virginia imposes strict deadlines for filing medical malpractice claims, making it essential to act quickly after a birth injury.
How Long Do You Have to File a Claim?
Under Virginia Code § 8.01-243, you generally have two years from the date of the injury or its discovery to file a claim.
However, the law provides exceptions for cases involving minors, and families typically have until the child’s 10th birthday to file a claim (only if the injury is discovered later). This extended timeframe acknowledges that some birth injuries (such as developmental delays or neurological issues) may not become apparent immediately.
Why Acting Quickly Is Critical
Delays can jeopardize your ability to collect evidence, consult experts, and build a strong case. If you fail to file your claim within the statute of limitations, you lose your right to recover compensation, so acting promptly ensures those critical deadlines are met.
Contact an Experienced Virginia Birth Injury Attorney at Our Law Firm
At Tronfeld West & Durrett, we offer a personalized approach to every case, backed by more than five decades of experience. Plus, we charge no fees unless we win your case, allowing you to pursue legal action with no upfront costs to your family.
Contact us today to schedule a free consultation and take the first step toward justice.