Bringing a child into the world should be a joyful experience. But when a preventable mistake during labor or delivery causes a birth injury, that joy can quickly turn into fear and uncertainty. Fortunately, in Virginia, families in this situation may have legal options for holding medical providers accountable. Understanding how birth injury lawsuits work can help guide you on the path to justice and recovery.
What Is a Birth Injury?
A birth injury occurs when a newborn sustains physical harm during labor or delivery, frequently resulting from medical negligence. These injuries can range from minor bruising to more serious conditions like cerebral palsy, brachial plexus injuries, or brain damage caused by oxygen deprivation. In some cases, the effects are lifelong and require ongoing medical care and therapy.
While not every birth complication results from malpractice, if your medical provider did not adhere to accepted standards of care and their actions, or lack of actions, resulted in harm, you may have grounds for a lawsuit.
Virginia’s Legal Standard for Medical Malpractice
In Virginia, birth injury cases fall under the broader category of medical malpractice. To succeed in a lawsuit, the plaintiff (usually the parent or legal guardian) must prove several key elements:
- A doctor-patient relationship was present, establishing a duty of care.
- The medical care provider violated this duty by failing to adhere to the expected standard of care that a reasonably competent provider would meet under similar circumstances.
- This breach resulted in the child’s injury.
- The injury led to tangible damages such as medical costs, diminished earning potential, and emotional distress.
Expert testimony is almost always required to establish the standard of care and explain how it was violated. In Virginia, medical malpractice lawsuits must be supported by a qualified expert witness who can testify about the healthcare provider’s errors.
Filing a Birth Injury Lawsuit in Virginia
Virginia has a statute of limitations that determines the timeframe for filing a birth injury claim. In most medical malpractice cases, you have two years from the date of the injury to file suit. However, when the injured party is a minor, the deadline may be extended.
For birth injuries, Virginia law typically allows a lawsuit to be filed until the child’s tenth birthday. But exceptions and nuances may apply, so it’s best to speak with an experienced lawyer as soon as possible to avoid missing critical deadlines.
Understanding the Virginia Birth-Related Neurological Injury Compensation Program (VBNICP)
Virginia is unique in that it offers an alternative to litigation for certain types of severe birth injuries. The Virginia Birth-Related Neurological Injury Compensation Program (VBNICP) provides no-fault compensation for families whose children have suffered brain injuries caused by oxygen deprivation or mechanical injury during delivery in a hospital.
To qualify, the injury must be catastrophic, and the delivering physician or hospital must be a participating provider in the program. Families that accept compensation from the VBNICP cannot sue for additional damages but receive lifetime coverage for medical care, therapy, and other needs. An experienced attorney can help determine whether this option or traditional litigation is the best fit for your situation.
Why Legal Representation Matters
Birth injury lawsuits are complex, both legally and emotionally. You’re not just dealing with the law, you’re dealing with the well-being of your child and family. A knowledgeable attorney can help you gather medical records, work with expert witnesses, navigate state laws, and advocate for the compensation your child deserves.
At Hollingsworth PLLC, we understand how overwhelming a birth injury can be. If you suspect that medical negligence played a role in your child’s condition, contact us for a compassionate consultation. We can help you understand your rights, evaluate your options, and support you throughout every stage of the journey.