Birth injury caused by obstetric negligence
Cerebral Palsy — Shoulder Dystocia — Brain Damage
Few things are more tragic in life than the news that your baby has suffered a serious injury during the birthing process. Excitement and joy over a new baby can turn to panic and confusion as you wonder how your doctor could have allowed such a tragedy to happen. Birth injury caused by obstetric negligence can be equally infuriating and heartbreaking.
Call the experienced Richmond birth injury lawyers of Cravens & Noll to help you during this difficult time. Our firm has a long history of successfully handling medical malpractice claims. We are skilled at holding doctors, nurses and other medical professionals accountable for providing substandard care.
Medical Malpractice Laws in Virginia
Depending on the type of injury, a birth injury may not be a result of negligence. However, a thorough examination of the facts and medical record to be completed in order to uncover any acts of negligence or wrongdoing.
In Virginia, medical malpractice as defined by the law exists when a licensed medical practitioner causes harm or death of a patient because of the practitioner’s preventable negligence and a casual link between that neglect and the injury.
It’s important to understand this definition since a medical accident does not necessarily equal medical malpractice. The distinction here is that the damages caused to the patient were preventable if the medical practitioner had done what they were trained and expected to do as required by the applicable “standard of care” required of a practitioner in that field.
Some common situations that may constitute a birth injury lawsuit include:
- Failure to properly monitor a mother and baby during the birthing process
- Failure to order a necessary C-section
- Improper use of forceps, vacuums or other delivery aids
- Medication errors during labor
- Failure to respond to signs of lack of oxygen
Our firm is excellent at assessing cases upfront to determine their validity and viability. Additionally, we have access to incredibly distinguished medical experts who can evaluate your claim for medical malpractice.
Life-long Effects From a Birth Injury
Injuries from birth often have devastating life-long consequences. Oftentimes a mistake in the delivery process can damage the child’s neurological or physical functions. This can lead to birth defects that stay with the child for the rest of their lives.
There are some common birth injuries that can be caused by medical malpractice. These include:
- Cerebral Palsy: Results from damages to the brain during birth. Often caused by poor birthing techniques and mishandling of the child during labor.
- Facial Palsy: A baby’s facial nerves can be damaged by the use of forceps and vacuums during labor. Can result in the child losing the ability to move the affected part of their face.
- Brachial Plexus: During forceful labor, the baby’s nerves can be stretched, or worse, torn and damaged. This can lead to permanent damage to the upper spine, shoulder, arm, hand, and neck.
- Bone Fractures: During a difficult birth, a doctor may pull on an infant too hard. This type of forceful action can lead to a fracture of certain bones, causing the baby to lose some bodily function after birth.
Pursuing a Medical Malpractice Case in Virginia
You will have a flurry of emotions after finding out your new-born child has suffered an injury during birth. You might be fueled by anger, or devastated by sadness and a sense of loss. No matter how you’re feeling, it’s important to consult with a birth injury lawyer immediately. Time is of the essence.
Hiring a lawyer might be the last thing on your mind. But it’s vital to hold negligent or imcompetent practitioners accountable to prevent these negligent mistakes from affecting other families, and to help pay for for the costs your family may bear forever.
Our top priority at Cravens and Noll is to take care of you and your child first. That’s why we’re dedicated to protecting you from callous insurance companies and complicated legal procedures.We want to do the leg work while you focus on family and treatment and healing.
We will listen, then develop the best plan to get you and your family the compensation you deserve. We assist you in discovering what damages you may receive compensation. Common damages for birth injury medical malpractice cases include:
- Past and future medical expenses
- Lost wages
- Healthcare and in-home care costs
- Educational costs
- Pain and suffering
- Emotional trauma
Virginia law places a cap on the amount of monetary recovery you can receive from a case. The amount varies depending on when the malpractice occurred, but any incident taking place after 2009 has a cap higher than $2 million.
Contact the Birth Injury Lawyers at Cravens & Noll
Seeing your newborn child injured during the birthing process is a difficult and emotionally taxing experience. What should be a joyful time is now infuriating and tragic.
If your child has been injured during the birthing process, you need me on your side. I understand. I have two children, twins, born with birth injuries. I know the trauma first hand, because I and the girls have lived it. I can help you hold negligent medical practitioners accountable. Cravens and Noll has experienced and empathetic birth injury attorneys who can help you through this devastating time. We will get you the compensation your family needs to take care of your child. You have my word on that. J. Thompson Cravens
Contact our Virginia medical malpractice firm online or call 804-330-9220.