Prince William County Birth Injury Lawyer
Welcoming a new baby should be one of the happiest occasions a family can share, but for some, the event is devastating when the newborn or mother is injured during the birth process. When medical personnel attending the birth fall short of their duty to keep you and your baby safe, it is even worse because the injuries could have been prevented.
If you or your newborn suffered because of medical negligence, a Prince William County birth injury lawyer can seek compensation from the at-fault providers.
What Is Medical Negligence?
Medical malpractice is based on the theory that a physician and possibly other medical staff members were negligent. Medical negligence is defined by four elements that include a duty to patients to uphold medical standards of care, falling below those standards, creating an injurious situation, and harming a patient.
An experienced lawyer can investigate the circumstances that led to a birth injury in Prince William County to determine if medical malpractice took place.
Common Causes of Birth Injuries
The four leading causes of childbirth injuries are:
- Negligence in general during labor and delivery
- Failure to identify or act in an emergency during childbirth
- Failure to properly administer medications to the mother or newborn
- The failure of the medical team to identify fetal heart complications
The injuries newborns suffer range from mild bruising to broken bones and fractured skulls, nerve damage, asphyxiation, and lack of oxygen complications such as cerebral and Erb’s palsy. Many birth injuries will require a lifetime of medical care for the baby. Our Prince William County birth injury attorneys believe the parties that caused the injuries should be held accountable.
Compensation for Birth Injuries
Many medical malpractice claims are settled with insurance companies or through the Virginia Birth-Related Neurological Injury Compensation Program, which pays healthcare costs for children diagnosed with severe neurological damage due to the birth process. Other birth injuries are litigated as torts against the hospitals and medical staff involved in them.
The amount of compensation depends on the type of injury and the prognosis for the child’s future. In Virginia, children injured at birth have until their 10th birthday to file a claim. However, claims brought by parents must be filed within two years after the injuries were sustained, according to Virginia Code § 8.01-243(A).
Tort claims for negligence award economic and non-economic damages to those injured by the acts of others. Economic damages are objective because they include exact amounts paid for the injured person’s medical care, current and future. Non-economic damages attach a price tag to subjective values, such as the emotional trauma parents will feel after a birth injury and the pain and loss of cognitive skills a baby might be experiencing. Our lawyers are committed to seeking justice for families affected by birth injuries in Prince William County.
A Prince William County Birth Injury Attorney Is Here For You
There is nothing more tragic than doing everything right when you are pregnant, only to have your dreams shattered by a negligent obstetrician or other medical staff members. Our attorneys are parents, too, and our hearts go out to you. We direct our legal knowledge and skills toward holding the at-fault parties accountable.
We can negotiate with the hospital’s insurer or one that provides medical malpractice to your obstetrician. We can also file a lawsuit naming all parties responsible for compensating you, your child, and your family. A Prince William County birth injury lawyer will be your dedicated legal advocate during this difficult time. Call today for a free consultation.
