Bringing a new life into the world should be one of the happiest moments of your life. But when a preventable birth injury occurs in a Virginia hospital, joy can quickly turn to confusion, fear, and heartbreak. If you believe something went wrong during labor or delivery, you may be wondering what steps to take and whether your child’s injury could have been avoided.
At James B. Feinman, Attorney at Law, we help Virginia families understand their rights after a birth injury and fight for the support they need to move forward with confidence.
What Is a Birth Injury?
A birth injury refers to any physical harm a newborn suffers during the labor and delivery process. Some injuries are mild and resolve quickly. Others, unfortunately, can lead to long-term or permanent challenges that may affect the child for life.
Common types of birth injuries include:
- Brachial plexus injuries (Erb’s palsy)
- Cerebral palsy
- Brain damage from lack of oxygen
- Skull fractures or bleeding in the brain
- Spinal cord injuries
- Facial paralysis
Understanding the nature and cause of the injury is critical to knowing whether medical negligence played a role and whether you may have a medical malpractice claim.
Common Causes of Birth Injuries in Virginia Hospitals
While not every birth injury is due to negligence, many are the result of avoidable medical errors. These are some of the most frequent causes:
Delayed C-Section
Failing to perform an emergency C-section when the baby is in distress can lead to oxygen deprivation and permanent brain injury.
Improper Use of Delivery Tools
Forceps or vacuum extractors, if used incorrectly, can cause serious trauma, including head injuries or nerve damage.
Failure to Monitor
Neglecting to monitor fetal heart rate or maternal health can result in missed warning signs of distress that require immediate intervention.
Medication Errors
Incorrect dosages or administration of labor-inducing drugs like Pitocin can raise the risk of complications during delivery.
Steps to Take Immediately After a Suspected Birth Injury
If your newborn shows signs of a birth injury, time is of the essence. Here's what you should do:
- Seek a Specialist’s Opinion: Ask for a consultation with a pediatric neurologist or other relevant specialists for a full evaluation.
- Request Copies of Medical Records: Obtain comprehensive documentation from the hospital, including delivery notes and postnatal care summaries.
- Start Documenting Everything: Write down everything you remember, including what was said, what was done, and when. This timeline may become vital.
- Stay Alert for Symptoms: Some birth injuries aren’t visible right away. Watch for missed milestones, stiffness, low muscle tone, or seizures.
Why Documentation Is Crucial in Virginia Medical Malpractice Cases
The strength of a birth injury case often hinges on thorough documentation. This includes:
- Fetal monitoring strips
- Doctor and nurse notes
- Medication logs
- Imaging scans and lab results
- Written communications and discharge summaries
Having a complete paper trail helps your legal team analyze what went wrong, identify negligent parties, and pursue justice effectively.
When to Speak With a Birth Injury Lawyer
If your child’s injury could have been avoided with proper care, you may have grounds for a medical malpractice claim. Speaking with a Virginia birth injury lawyer early can help you:
- Understand your legal rights and next steps
- Preserve critical evidence that could support your case
- Avoid missing important filing deadlines due to the statute of limitations
An experienced attorney will guide you through your options so you can focus on what matters most: your child’s wellbeing.
How Virginia Law Handles Birth Injury Claims
Virginia medical malpractice law includes several key components. Here’s what you need to know:
Statute of Limitations
Most claims must be filed within two years, but in birth injury cases involving minors, exceptions may apply. A lawyer can clarify your specific timeline.
Expert Testimony Requirement
To file a valid medical malpractice claim, Virginia law requires expert testimony showing that the healthcare provider failed to meet accepted standards of care.
Neurological Injury Compensation Program
Virginia also has a unique Birth-Related Neurological Injury Compensation Program. This fund provides no-fault compensation for children who suffer severe brain injuries during birth, often without the need to prove negligence. If your child’s injury qualifies, you would receive compensation through this program and forfeit filing a medical malpractice claim.
A knowledgeable birth injury lawyer will help you determine the best path forward based on your child’s specific injuries and needs.
What Compensation Might Be Available?
If your birth injury case is successful, you may be eligible to recover compensation for:
- Medical expenses (past, present, and future)
- Ongoing physical therapy or special education
- In-home nursing care and assistive devices
- Lost future earning potential
- Pain and suffering
- Emotional distress for both the child and family
- Costs of home modifications or medical equipment
The goal is to ensure your child receives the care and support they need for a better quality of life.
Get the Help You Need From an Experienced Virginia Birth Injury Lawyer Today. Contact James B. Feinman, Attorney at Law
You don’t have to face this alone. At James B. Feinman, Attorney at Law, we support families across Virginia whose children have been harmed by preventable medical mistakes during labor or delivery. We understand how overwhelming this time can be, and we’re here to help you navigate the path forward with clarity and confidence.
If your newborn suffered a birth injury in a Virginia hospital, don’t assume you’re out of options. Our legal team will review your situation, explain your rights, and fight to hold negligent medical providers accountable.
Call 434-216-0166 or fill out our online contact form for a free consultation. We serve clients throughout Virginia, including Lynchburg, Norfolk, Madison Heights, and nearby communities.
FAQ: Virginia Birth Injury Cases
How do I know if my baby’s injury was due to negligence?
Look for red flags in your delivery experience, and request a full review of your records. A lawyer and medical expert can help determine whether your child’s birth injury could and should have been prevented.
Is there a deadline to file a birth injury claim in Virginia?
Yes. While most claims must be filed within two years, certain exceptions may apply to cases involving children eight years old and younger. Don’t wait. Talk to a malpractice lawyer early.
What if I can’t afford a lawyer?
Most birth injury attorneys work on a contingency basis, meaning you pay nothing unless your case is successful.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.