A birth injury is a devastating medical outcome, especially when you learn that it likely was a preventable incident. As a trusted and experienced Alexandria birth injury lawyer, our legal team at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates works with many families who are facing the unthinkable. Set up a free consultation with us to discuss what happened and what we can do about it.
What Is a Birth Injury?
A birth injury is a preventable outcome that causes physical or mental harm to a child during the birthing process. These injuries happen before, during, or just after the delivery process. Birth injuries can be severe to mild, permanent or temporary.
Birth injuries are not the same as birth defects. A birth defect is a physical condition that develops prior to birth, often due to genetics or an environmental influence. They occur during fetal development and may not be avoidable. They can range from mild to severe, temporary or permanent as well.
Some of the most common birth injuries we seek include:
- Brachial Plexus injuries, or damage to the nerves in the shoulders and arms, are often due to pulling or stretching.
- Fractures of the skull, collarbone, or other bones.
- Cephalohematoma, a collection of blood that forms just under the skull bones due to trauma.
- Birth asphyxia, a deprivation of oxygen during the birthing process.
- Shoulder dystocia, a dislocation of the child’s shoulder that gets wedged behind the pelvic bone.
- Facial nerve injuries, resulting from trauma and pressure on the facial tissues.
In many of these situations, birth injury medical malpractice in Alexandria, VA, is applicable. Many of these conditions result from mistakes, rushing, or other preventable events during the birthing process.
Warning Signs of Medical Negligence
It is critical for those who believe their loved one suffered a birth injury to speak to an attorney about it immediately. Keep in mind that doctors will not always tell you that their mistake led to the outcome and the child’s injuries. If any of the following occurred during your child’s birth, speak to a doctor, a lawyer, or a birth injury expert who can help you find out.
- Delayed C-section
- Failure to monitor fetal distress
- Improper use of forceps or vacuums
- Failure to diagnose a maternal condition, such as preeclampsia or gestational diabetes
It may be that the child is diagnosed with a condition in days, weeks, or even months. For example, Erb’s palsy, which is another name for brachial palsy, may take several weeks for doctors to diagnose more complicated cases. By speaking to an Erb’s palsy lawyer in Virginia, you can learn if this may have occurred to your child sooner.
Another condition that may take some time to diagnose is cerebral palsy, a condition that represents damage to the nerves that control movement and posture. It occurs as a result of abnormal brain development or damage, such as from a lack of oxygen. If you believe your child has this condition, for any reason, seek help from a cerebral palsy birth injury attorney to learn how we can help you.
Why Alexandria Families Should Act Quickly If They Suspect Medical Negligence
Medical negligence during childbirth is a complicated process, and often one where new parents have no idea someone made a mistake or that the complications their child was facing were due to a birth injury. There are several reasons to act quickly:
- Early intervention. Protect your child’s health. If you suspect any type of injury, such as a hypoxic brain injury at birth in Alexandria, communicate that with the child’s doctors immediately and insist on evaluations.
- Legal deadlines. Virginia’s statute of limitations for medical malpractice is two years. If you wait longer, that may make it hard for you to secure the financial support you need to support your child during their first years. Note that children are able to seek compensation for up to two years beyond their 18th birthday if their parents did not do so sooner.
- Gathering medical records? If you believe medical negligence during childhood happened, act immediately. Your attorney will work to preserve all medical evidence, gather witness statements, and gather records. This preserves that information.
Even if you are not sure, it helps to reach out to a professional who understands. Getting that peace of mind knowing you have done everything possible to protect your child’s future really does make a difference.
How a Doctor-Lawyer Makes a Difference
Dr. Michael Wilson offers a unique benefit to victims and their families. Because he is a licensed medical doctor and attorney, he understands not just the legal rights victims have but the circumstances that led to such malpractice suits.
The ability to detect subtle errors in the medical processes, reports, and communications can open the door to more robust claims. These are often missed by those who do not have an extensive medical background. More so, Dr. Wilson also brings experience in complex birth injury litigation to your case.
What Compensation May Be Available
Filing a birth trauma lawsuit in Virginia is a huge step, and it is both your right and a necessary step for victims. Proving your case means you could receive:
- Lifetime medical care
- Special education needs and therapies
- Pain and suffering compensation
- Loss of future income and independence
Free consultations for Alexandria families can make a big difference. Speak to our compassionate team about what happened to your child. We always provide you with clarity on your legal options.
FAQs About Birth Injuries in Alexandria, Virginia
How do you prove a birth injury?
Proving a birth injury in Virginia requires demonstrating negligence of the doctor, nurses, or hospital in providing quality care to the mother or child before, during, or right after delivery. This is best done with ample evidence that documents what occurred.
Can I sue a hospital for a traumatic birth?
A traumatic birth is one that involves injury or duress during the pregnancy, labor, or delivery, or the time right after delivery. It is possible to sue a negligent provider for a traumatic birth.
Contact a Skilled Alexandria Birth Injury Lawyer at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates
The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates provides victims and their families with answers. Contact an experienced Alexandria birth injury lawyer for a free consultation to discuss your rights and legal options. As both an attorney and a doctor, Dr. Wilson knows how to hold those who hurt your loved one accountable. Call 202-223-4488 or complete our online form. Located in Washington, D.C., we serve clients in the surrounding areas, including Northern Virginia and Maryland.
