The birth of your child is one of the most memorable days of your life. It should be a happy occasion filled with joy. However, this joy can turn to devastation if something goes wrong with the birth.
A doctor’s negligence can result in the wrongful death or serious injury of a child. Your child may have to live with the consequences of someone else’s actions for the rest of their life.
If your child experienced a birth injury at the hands of a negligent medical professional, call a birth injury lawyer in Richmond at Christina Pendleton & Associates. You may be entitled to receive compensation for your child’s injuries.
Assessing Birth Injuries
Some birth accidents are unavoidable. Mothers attend routine check-ups during the course of their pregnancies that can help them keep an eye on the health of their children. In turn, they can work with medical professionals to ensure that even challenging births are treated with expert care.
Other birth injuries, however, are the result of a medical professional’s negligent behavior. Breached babies or babies suffering from umbilical cord complications deserve comprehensive treatment and can live more complicated lives without the proper help.
Negligence or deliberate inattention in the medical field are known as medical malpractice. If you and a legal team opt to file a personal injury claim, you can assess the behaviors of the professionals that took care of you during your child’s birth.
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Birth Injuries As Personal Injury Actions in Richmond
Virginia caps its medical malpractice recovery at $2 million. To pursue this compensation, you can present an estimate of your medical losses in a legal complaint. Your post-birth financial support can include but is not limited to:
Estimating Non-Economic Losses
The non-economic losses tied up in a child’s birth injuries can include pain and suffering or lack of enjoyment of life. While the child may not be able to voice their opinions on their overall condition, their parents and third-party practitioners can.
From there, you can reference similar birth injury cases to determine what kind of compensation other parents may have received in exchange for these non-economic damages.
Estimating Economic Losses
Even economic damages can be nebulous in a birth injury case. While these will naturally include the expenses related to the birth and related medical procedures, they can also span into the future.
You can work with a medical professional and Richmond birth injury attorneys to estimate how much you may have to spend on future surgeries, mobility aids, or medications. You can then include those costs in your request for compensation, so long as you provide evidence of reasonable need.
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Virginia’s Statute of Limitations on Infant Medical Malpractice
Code of Virginia §8.01-243 gives parents two years to bring their birth injury case forward before a judge. This two-year period begins either at the child’s birth or at which point the parents identify the injury that their child endured. For more information on the allotted time you have to act, you can turn to the Richmond birth injury attorneys with Christina Pendleton & Associates.
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Contending With Infant Wrongful Death
There are times when a child’s birth injuries can result in wrongful death. As a child’s representative, you can opt to add accusations of wrongful death to your initial complaint or begin a new, related case. Either way, you have the right to request compensation not only for the funeral expenses related to a wrongful death case but for the emotional devastation, as well.
Code of Virginia §8.01-244 allows a child’s representative two years from the date of death to file a wrongful death complaint. While the state of Virginia normally requires an executor to fill this role, cases involving an infant see responsibility fall to that child’s parent or respective guardian.
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Get a Complimentary Consultation With a Birth Injury Attorney in Richmond, VA
As parents, you work hard to protect your children from harm. It’s devastating to know that your child experienced an injury during their first minutes of life. Fortunately, you can take action to right the wrongs that both of you experienced.
The Ricmond, VA, birth injury lawyers at Christina Pendleton & Associates understand your grief. We’ll work tirelessly to ensure that liable parties are held responsible for their actions. You can contact us today for a free case consultation.
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