Richmond Birth Injury Lawyer

Experienced Birth Injury Attorney in Richmond, VA

Welcoming a new child into the family is an exciting and joyous occasion. You have spent months preparing to welcome this new life, and the time has finally come to give birth. The sad reality is that while many pregnancies are delivered successfully, medical negligence can occur, leading to severe injuries and even death. Whether this has happened at the VCU Medical Center or Chippenham Hospital, an experienced Richmond birth injury lawyer is here to help.

Get Guidance Every Step of the Way With Brooks & Baez

When you are dealing with the emotional aftermath of a birth injury, the last thing you want to think about is how to correctly navigate the legal system. At Brooks & Baez, we are here to come alongside you and your loved ones and offer you representation you can trust. Let us help you reach a resolution that covers all of the losses you’ve faced due to a birth injury. Since our practice opened in 2016, we have helped thousands of families and are now ready to help you. 

Common Types of Birth Injuries in Richmond

Virginia has a fertility rate of 53.6 births per 1,000 female members of the population between the ages of 15 and 44. In 2023, however, there were 544 infant deaths and an overall infant mortality rate of 5.87.

If you suspect your child has suffered a birth injury in Richmond, it is wise to be aware of the different types of injuries that can occur. Many of these injuries happen because trauma has been inflicted on the child during delivery. Some of the most common injuries include:

• Cerebral palsy. When brain damage is sustained by a child during birth, it can result in muscle weakness and balance issues, as well as poor motor skill development. Children who suffer cerebral palsy will likely have to use a wheelchair, a walker, or another kind of assistive equipment throughout their lives. 
• Erb’s palsy. This injury is known to cause weakness and even paralysis of the child’s arm or shoulder. Erb’s palsy usually occurs when the nerve fibers in a child’s head, neck, or arm are stretched. Thankfully, this condition can usually be treated with physical therapy or certain surgical procedures. 
• Fractures. Oftentimes, birth injury fractures happen to the collarbone of the infant as they pass through the birth canal. Usually, a splint or soft bandage can be applied to limit a child’s movement until that fracture heals.  
• Brachial plexus injuries. These injuries affect the collection of nerves in the infant’s shoulder, near their neck. When any kind of stretching, compression, or other similar forms of trauma happen to the nerves in these areas, it can result in pain, weakness, and even a lack of overall feeling in the infant’s hand or arm. While these injuries often heal on their own, they can require surgery. 
• Spinal cord injuries. When a child suffers a spinal cord injury during the labor and delivery process, it can result in lifelong paralysis. According to a recent study, less than 1% of individuals with a spinal cord injury are children under the age of 12.  
• Cranial nerve damage. When an infant suffers cranial nerve damage, they may be unable to perform certain functions, such as closing their eyes, making certain facial expressions, and swallowing properly. The damage done has the ability to resolve itself in certain cases, but it may also require surgical intervention. 

If you or your child has suffered a birth injury in Richmond, Virginia, the team at Brooks & Baez is here to serve you and help you seek the compensation you deserve. 

FAQs

What Is the Statute of Limitations on Birth Injuries in Virginia?

In Virginia, the statute of limitations on birth injury cases follows the same statute of limitations for all medical malpractice cases: two years. However, in cases where the child has suffered the injury rather than the mother, the statute of limitations can be extended. If the child was under the age of eight when their birth injury occurred, then they have until their 10th birthday to file a claim. 

What Compensation Can I Recover for a Birth Injury?

For a birth injury, there are a number of forms of compensation that you can seek depending on the nature and severity of the injuries sustained and if death has been caused by the at-fault party. These forms of compensation include all related medical bills, future medical costs, pain and suffering, any lifelong care needs for disabilities, and loss of earning capacity if the mother suffered injury or death. 

What Are the Main Causes of Birth Injuries in Richmond?

In Richmond, the main causes of birth injuries include the improper use of delivery instruments, errors in the administration of medications, improper techniques being used during delivery, failing to monitor for fetal distress signals, failing to stop preterm labor, failing to identify, treat, and protect against infection, and delaying a necessary cesarean section. 

What Must Be Proven in a Birth Injury Case?

In a birth injury case, it must be proven that the defendant or the at-fault party owed a legal duty of care to the mother and the baby, that through an act of negligence or failure to act, the defendant breached this duty, and that this breach of duty resulted in the birth injury sustained by the mother and/or the baby. Finally, you must be able to prove that the injury resulted in actual damages.

Hire a Birth Injury Lawyer Serving Richmond Area Families

If you or your child were injured during pregnancy, labor, or delivery, the team at Brooks & Baez is here to help. We understand that this is a difficult time for you and your family, and we are here to seek the compensation and justice you deserve in Richmond. 

Our bilingual team is here to serve families of all backgrounds, and when you hire a birth injury lawyer from our firm, you can rest assured you have the right advocates in your corner. Contact us today to schedule your initial consultation.