Norfolk, VA Birth Injury Lawyer
When a doctor behaves negligently during the delivery process, a child can sustain injuries that last for the rest of their life. However, if your child was hurt because of the actions of a health care profession, you have options available.
A Norfolk birth injury attorney can help you get the compensation you need to pay for the harm caused by a doctor’s negligence. By bringing a legal claim, the skilled attorneys at Cooper Hurley Injury Lawyers can make sure your rights are protected following a devastating injury.
What Is a Birth Injury?
A birth injury is an injury to a child that occurs during the delivery process. A newborn can sustain numerous types of injuries during delivery and birth. For example, a doctor may negligently fail to recognize a child is in distress. Or, they may wait too long to decide to do an emergency C-section which can result in the child being deprived of oxygen for an extended period of time.
Children can also be injured at times from the mechanical force applied when they are being born. A doctor must use due care when monitoring the child within the womb and deciding whether to perform a C-section or a vaginal birth. Under some circumstances, it would be considered negligent not to perform a C-section. If the child has some condition at birth that one suspects may have been caused by medical negligence and it is not just a naturally-occurring condition, then it would be prudent to seek a second opinion from another doctor or consult with an experienced birth injury lawyer.
When Symptoms Appear Later
If the injury or symptoms do not become apparent until later, a family may run into trouble. If medical negligence during the delivery process caused problems that do not manifest or are not observed until much later, the standard two-year statute of limitation that applies to most negligence cases is extended some for children until their 10th birthday. This will hopefully give a parent or doctors additional time to discover any problems, injuries, or harms that the child may have suffered during delivery.
Understanding Erb’s Palsy
Erb’s palsy can be caused because too much force is applied to the neck and shoulder area during the birthing process. When this happens, it can result in stunted growth and limited function in an arm due to damaged nerves.
These types of injuries often occur when a doctor decides to do a vaginal birth despite certain risk factors that meant the doctor should have done a C-section. Another instance when this can occur is if the doctor simply used suction or pulled too hard on the child. Another instance where this injury can occur is when the doctor applies undue pressure to the belly of the mother, pressing on the child, which then forces too much pressure onto the head, neck, and shoulders while in the birth canal and damages nerves. This type of injury can have a devastating impact on the child’s life, function of the arm, and ability to work certain jobs for the rest of their life.
Options for Norfolk Parents
Upon realizing that something may have gone wrong during childbirth, a parent can report their concern to the hospital. They can also report it to the particular government agency in charge of overseeing the conduct of healthcare professionals. The last option a parent has is to pursue legal action against the healthcare professional, whether it be a doctor, nurse, pharmacist, or physiatrist. If medical negligence or professional negligence can be proven, a medical malpractice claim for monetary damages can be made.
While the statute of limitations for medical malpractice cases is generally two years, the deadline is extended for very young children. A child who experiences an injury at birth generally has until their 10th birthday to file a claim.
Reach Out to a Norfolk Birth Injury Attorney
A Norfolk birth injury attorney can help if your child was injured due to the negligent actions of a doctor. To learn more about your rights and options, call Cooper Hurley Injury Lawyers for a free consultation. Our dedicated attorneys can help you determine your next steps and file a claim against the responsible party. Call today.