Birth injuries impact the health of a newborn and potentially of its mother, also placing immense emotional and financial strain on families. However, if these injuries are caused by medical negligence, a Virginia Beach medical malpractice lawyer can help you pursue legal action to seek justice and compensation.
At Tronfeld West & Durrett, we have over 50 years of experience guiding families through Virginia’s legal system to hold negligent healthcare professionals accountable. From the initial consultation through the final resolution, we’ll stand by your side to build a strong case and fight for your right to compensation.
Understanding Birth Injuries and Legal Options in Virginia Beach
When birth injuries arise from preventable errors made by healthcare providers, you can file a claim to pursue legal action in Virginia Beach. In these cases, it’s important to know the causes of birth injuries and the potential liable parties to see if you have a valid case.
What Constitutes a Birth Injury?
A birth injury refers to physical harm sustained by an infant during labor, delivery, or shortly after birth. Unlike congenital defects, which are inherent genetic conditions, birth injuries result from complications or negligence during the birthing process.
If the birth injury was caused by negligence, you have a medical malpractice case and the right to pursue legal action to seek compensation for damages. As per Virginia Code § 8.01-581.1, medical malpractice is defined as a failure to meet the standard of care expected from medical professionals.
Why Legal Help Is Critical After a Birth Injury
An experienced lawyer will help you gather the necessary evidence and build compelling arguments to prove the negligence of the medical professionals who caused the injury.
At Tronfeld West & Durrett, we embark on a thorough case investigation to prove negligence, building an evidence-backed case that gives you the best chances of securing maximum compensation. This way, you can avoid shouldering the costs of someone else’s negligence and seek justice for your family.
For answers to your questions about a birth injury in Virginia Beach, call:
800-321-6741
Identifying Common Causes in Virginia Beach Birth Injury Cases
According to the March of Dimes, 594 infants in Virginia died before their first birthday in 2022. When these deaths are caused by negligence, it becomes especially important to pursue legal action to hold responsible parties accountable and prevent further harm.
Many of the factors that cause birth injuries are preventable with proper medical care. These include:
Medical Negligence in Delivery Rooms
Errors in the delivery room, such as improper use of forceps, delayed C-sections, or failure to monitor fetal distress, are among the most common causes of birth injuries. These mistakes can lead to severe conditions like hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Inadequate Prenatal Testing or Care
Negligence during prenatal care, including failure to diagnose maternal infections or monitor complications, can result in preventable injuries. Additionally, missed warning signs during routine ultrasounds (like abnormal placental development) often delay necessary interventions and cause injuries.
Systemic Issues in Healthcare Facilities
Understaffed hospitals, overworked medical professionals, and outdated equipment contribute significantly to birth injuries. Healthcare facilities have a duty to ensure adequate staffing and resources to prevent these avoidable incidents.
Who Can Be Held Responsible for Birth Injuries?
Before filing a claim for a birth injury in Virginia Beach, you need to identify the negligent parties and demonstrate their role in causing harm. Commonly, liable parties include:
Doctors, Nurses, and Midwives
Healthcare professionals directly involved in labor and delivery are responsible for providing safe and competent care. Negligence in monitoring, diagnosing, or treating complications makes them liable for birth injuries.
Hospitals and Medical Institutions
Hospitals bear responsibility for systemic failures, such as inadequate staff training, lack of emergency protocols, or insufficient medical resources. These institutional shortcomings create unsafe environments for childbirth and often cause birth injuries.
Medical Equipment Manufacturers
Manufacturers are accountable in cases where defective medical tools contribute to injuries. This includes liability for design flaws, manufacturing defects, or improper equipment labeling.
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What Compensation Can You Pursue After a Birth Injury?
Pursuing compensation after a birth injury allows your family to address diverse burdens, including financial, emotional, and physical challenges. Overall, the damages you can recover include:
Recovering Costs for Ongoing Medical Treatment
Birth injuries often require extensive medical care, including surgeries, rehabilitation, and specialized equipment. Compensation for medical expenses covers these costs, ensuring the child and their mother receive the necessary care.
Seeking Damages for Emotional and Psychological Pain
The trauma of a birth injury affects not only the child but also the family. Compensation for pain and suffering acknowledges these injuries’ emotional toll on everyone involved.
Compensating for the Impact on Family Finances
Injuries can lead to lost wages when parents have to reduce work hours or leave their jobs to care for the baby. Financial compensation helps mitigate these losses and provides stability.
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How Our Virginia Beach Birth Injury Lawyers Can Assist You
The attorneys at Tronfeld West & Durrett have over five decades of experience handling complex birth injury cases. We’ve helped countless families navigate personal injury lawsuits in Virginia and secured hundreds of millions in compensation. Here’s what we offer:
Investigating the Incident
Your experienced personal injury lawyer will thoroughly investigate your case by reviewing medical records, consulting experts, and reconstructing events to build a compelling argument for compensation. This comprehensive investigation forms the backbone of a strong case to pursue justice for your family.
Communicating with Insurance Companies
Insurance companies often attempt to minimize payouts, but our attorneys are skilled negotiators who fight for fair settlements. We handle all communications with insurers, allowing you to focus on recovery.
Pursuing Litigation When Necessary
When a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. Our proven track record of success demonstrates that we’ll pursue maximum compensation on your behalf. To see the outcomes we’ve achieved, explore our case results.
Time Limits for Filing Birth Injury Lawsuits in Virginia Beach
After a birth injury in Virginia Beach, make sure to act promptly. The law imposes strict deadlines to file such claims.
Virginia’s Statute of Limitations
Under Virginia Code § 8.01-243, families generally have two years from the date of the injury to file a claim. There are exceptions for minors, allowing claims to be filed until the child’s 10th birthday, but only if the injury is discovered later.
The Importance of Timely Action
Delaying a claim can result in losing crucial evidence and forfeiting your right to seek compensation altogether if you miss the deadline. Make sure to act quickly to preserve essential evidence, build a strong case, and increase the likelihood of a successful outcome.
Why Families Trust Our Virginia Beach Birth Injury Attorneys
Tronfeld West & Durrett has over 50 years of experience helping families rebuild their lives after a birth injury in Virginia Beach. We bring unparalleled knowledge, resources, and expertise to build strong cases that maximize compensation.
Plus, we don’t charge any fees unless we win your case! Contact us for a free consultation and take the first step toward justice.
Call or text 800-321-6741 or complete a Free Case Evaluation form