Pregnancy and birth are exciting times for your family, but can quickly turn traumatic when the newborn or mother suffers an injury. Some birth injuries are the result of neglect, wrongful acts, and other failures of the health care providers who should have protected you. In these cases, you may have a right to pursue compensation from the liable party for damages under a claim of medical malpractice or the Virginia Birth-Related Neurological Injury Compensation Act (VBRNIC). The compassionate medical malpractice attorneys at MichieHamlett PLLC are here to help. Contact us to have a respected Richmond birth injury lawyer represent you in a legal action and advocate for your rights in court.
A variety of factors can contribute to a birth injury. Examples of neglect or wrongful action that could make a health care provider liable for a birth injury include the following:
Determining when a health care provider’s actions amount to medical malpractice can be challenging. Under Virginia Code § 8.01-581.20, medical malpractice occurs when a medical professional’s conduct fails to meet the degree of skill and diligence that a reasonably prudent practitioner would provide. A Richmond attorney could help you evaluate your claim for medical malpractice by reviewing a copy of your medical file and consulting medical experts on the possible causes of the childbirth injury.
Virginia has two different claim options for pursuing compensation related to labor and delivery injuries that a Richmond lawyer could file on a client’s behalf. One option is to file a claim under the VBRNIC program established in Code § 38.2-5000. It operates as an insurance program for participating hospitals and obstetric physicians. The families of infants who suffer birth-related neurological injuries under a participating physician’s care must generally seek compensation through this program. Birth-related neurological injuries include those to the brain or spinal cord resulting from oxygen deprivation or mechanical injury during labor. The program awards compensation to claimants with a qualifying neurological birth-related injury based on the damages incurred in the case, which can include the following under Code § 38.2-5009.
Recovering compensation for birth-related injuries that do not qualify for the VBRNIC program requires filing a medical malpractice lawsuit under Code § 8.01-581.1 to 8.01-581.20.1. Compensation available in a medical malpractice case involving a birth injury could include medical costs, lost earnings, and non-economic damages, such as pain and suffering or loss of enjoyment of life. However, Virginia limits the amount of compensation in these cases, as outlined in Code § 8.01-581.15, based on when the medical malpractice occurred.
Meeting with a Richmond birth injury lawyer as soon as possible is an important first step toward pursuing a medical malpractice claim or compensation through the VBRNIC program. The statute of limitations for a medical malpractice claim is generally two years from the date of the injury, as specified in Code § 8.01-243, but may vary slightly depending on the circumstances. In comparison, you must file a claim through the VBRNIC before the child reaches 10 years of age under Code § 38.2-5013.
Contact MichieHamlett PLLC today to schedule a free initial consultation.
