Birth injuries are a difficult experience for you and your family to endure. The experience can be especially painful after realizing fault for the injury belongs to the negligent acts or omissions of your healthcare provider. Your family may have a right to file a legal claim for damages from the injury and recover compensation that can help your family move forward. A Roanoke birth injury lawyer from MichieHammlett advocates for clients by asserting their rights in court and working toward an equitable resolution of their claim. Learn more about legal claims involving birth injuries and how our experienced medical malpractice attorneys could support your case.
Birth injuries can happen for many different reasons. Some of the causes may be easy to identify, while others involve several circumstances and issues that lead to injury. This can make it challenging to know when malpractice was the cause of a birth injury as opposed to other reasons. Virginia Code § 8.01-581.20 defines medical malpractice as a healthcare professional’s failure to meet the skill and diligence of a reasonably prudent practitioner in the same specialty or field of practice. Acts that could constitute medical malpractice leading to a birth injury include:
If you have doubts about the cause of a birth injury, it can be helpful to have a Roanoke attorney experienced in these cases initiate an investigation. Our lawyers can request medical files, consult with expert witnesses, and take other steps to review a case for potential medical malpractice.
The state offers two methods for recovering compensation from liable healthcare providers after a birth injury. The first to consider is participation in the Virginia Birth-Related Neurological Injury Compensation Program (VBRNIC) under Virginia Code § 38.2-5000. The VBRNIC provides compensation to infants and their families who suffer a qualifying birth-related neurological injury—brain or spinal cord injuries from oxygen deprivation or mechanical injuries during the delivery—while receiving medical care from a participating obstetrics physician.
Damages can be significant in these cases because of future medical care needs and other long-term challenges the injured baby and their family will face. Virginia Code § 38.2-5009 allows the recovery of compensation for several types of damages arising from a birth injury, including:
Not all birth-related injuries are neurological or qualify for participation in the VBRNIC. For example, injury to the mother that results from medical malpractice will require the filing of a civil lawsuit. Compensation in a traditional medical malpractice case will depend on the damages suffered from the birth injury and is often comparable to those available under VBRNIC claims. However, the law limits the total compensation recoverable in medical malpractice cases according to the terms of Code § 8.01-581.15. An experienced Roanoke lawyer from MichieHamlett could help you navigate the best legal options for your birth injury claim.
Strict filing deadlines apply to malpractice claims arising from birth injuries under applicable statutes of limitation. Standard medical malpractice claims generally have a two-year filing deadline from the date of the injury under Virginia Code § 8.01-243. For children, however, there may be a different filing deadline under Virginia Code § 8.01-243.1, where a child under eight years of age at the time of the alleged malpractice has until he or she turns ten years old to commence an action for malpractice. You can schedule a free initial case evaluation with a Roanoke birth injury lawyer at MichieHamlett. Contact our office today for help.
