Arlington Birth Injury Lawyers
The birth of a child should be a moment of joy and celebration for families. Unfortunately, medical negligence during pregnancy, labor, or delivery can result in birth injuries that change the trajectory of a child’s life forever. When healthcare professionals fail to follow proper procedures or miss important warning signs, newborns may suffer preventable injuries with lifelong consequences.
At the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates, our Arlington birth injury lawyers combine legal knowledge with medical education to advocate for families affected by birth injuries. Our legal team understands the medical standards that should be upheld during pregnancy and childbirth, allowing us to identify when healthcare providers have not met their duty of care. We are committed to helping Arlington families obtain the compensation necessary for their child’s medical treatment, rehabilitation, and future needs.
What Is Considered a Birth Injury?
A birth injury refers to physical damage that occurs to an infant during pregnancy, labor, or delivery. These injuries range from mild conditions that resolve within days or weeks to severe trauma that results in permanent disability. Common birth injuries include:
- Brachial plexus injuries (Erb’s palsy)
- Cerebral palsy
- Brain damage from oxygen deprivation
- Fractures
- Facial paralysis
- Spinal cord injuries
Birth injuries differ from birth defects; the latter typically develop before birth due to genetic factors or environmental influences during pregnancy. Birth injuries are often preventable and may occur due to:
- Improper use of delivery instruments
- Failure to monitor fetal distress signals
- Delayed cesarean sections
- Medication errors
- Improper techniques during delivery
Our Arlington birth injury lawyers can thoroughly investigate your case to determine if medical negligence caused your child’s injury.
How Do I Know If Medical Negligence Caused My Child’s Birth Injury?
Determining whether medical negligence contributed to a birth injury requires a detailed analysis of medical records and comparison to accepted standards of care. During normal pregnancies that suddenly develop complications, healthcare providers must respond appropriately to protect both mother and child. When proper protocols aren’t followed, negligence may have occurred.
Warning signs that negligence may have occurred include unexpected complications during a previously normal pregnancy, signs of fetal distress and improper responses to it, and failure to perform timely cesarean sections.
Other indicators include inadequate monitoring during labor, improper administration of labor-inducing drugs like Pitocin, or failure to address maternal health issues like infections or gestational diabetes. Dr. Wilson’s unique background as both a physician and attorney enables our firm to analyze medical records with exceptional precision and identify deviations from proper care standards.
How Long Do I Have to File a Birth Injury Claim in Virginia?
Virginia law establishes specific timeframes for filing birth injury claims, known as statutes of limitations. For most medical malpractice cases involving minors, including birth injuries, parents or legal guardians may file a claim until the child turns 10 years old. However, if the injury involves foreign objects left in the body or fraud that prevented discovery of the injury, different time limits may apply.
Each case presents unique circumstances that might affect these deadlines. We recommend consulting with our Arlington birth injury lawyers as soon as you suspect a birth injury to protect your family’s legal rights. Prompt action allows our legal team to gather relevant medical records and evidence while they remain accessible and memories of healthcare providers remain fresh.
What Compensation Can Be Recovered in a Birth Injury Case?
Compensation in birth injury cases aims to address both current and future needs of the affected child and family. Recoverable damages typically include past and future medical expenses related to the injury, costs of therapies and rehabilitation, specialized equipment or home modifications, and additional educational support or vocational training the child may require.
Families may also recover compensation for lost earning capacity if the injury will limit the child’s future employment opportunities, as well as damages for pain and suffering, emotional distress, and diminished quality of life. Our Arlington birth injury lawyers work with economic analysts and life-care planners to calculate the full financial impact of birth injuries across your child’s lifetime, helping to establish appropriate compensation amounts.
Why Choose a Lawyer Who Is Also a Physician?
Dr. Michael M. Wilson holds both medical and legal degrees, offering a distinctive advantage to birth injury clients. His medical background enables him to understand the technical aspects of obstetrical care, fetal monitoring, delivery procedures, and neonatal treatment that other attorneys might miss. This dual prowess allows our firm to identify subtle instances of negligence that could be overlooked without medical training.
As a physician, Dr. Wilson comprehends the standards of care that should be maintained during pregnancy and childbirth. He effectively communicates with medical witnesses, challenges opposing expert testimony, and translates complex medical concepts into language that clients, judges, and jurors can understand. This unique combination of medical knowledge and legal skill positions our Arlington birth injury lawyers to build stronger cases and achieve better outcomes for families affected by birth injuries.
How Does the Birth Injury Claim Process Work?
The birth injury claim process begins with a comprehensive review of medical records and consultation with qualified medical professionals to establish whether negligence occurred. If evidence supports a claim, our Arlington birth injury lawyers will file a formal complaint against the responsible parties, which may include physicians, nurses, hospitals, or medical practices.
Following the filing, both sides enter the discovery phase, exchanging information and taking depositions from witnesses and healthcare providers involved in your case. Many birth injury cases resolve through negotiated settlements, but our firm prepares every case as if it will proceed to trial. Throughout this process, we maintain clear communication with client families, explaining developments and options at each stage while advocating for maximum compensation.
Our Compassionate Arlington Birth Injury Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Will Help You Get the Answers You Deserve
Our Arlington birth injury lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates provide thorough legal representation backed by medical understanding that few law firms can match. We invite you to contact our office for a free consultation regarding your potential birth injury case. To learn more, call us at 202-223-4488 or complete our online form. Located in Washington, D.C., we serve clients throughout the surrounding areas, including Northern Virginia and Maryland.
