Virginia Birth Injury Attorney
Helping Mothers & Babies Who Have Suffered injury during labor and delivery
Jones & Rostant helps our clients understand the unique legal complexities surrounding birth injuries in Virginia, and whether to approach a case as a traditional medical malpractice case or handle it under Virginia’s special law for babies injured during labor and delivery, the Virginia Birth-Related Neurological Injury Compensation Act (“Birth Act”). Other attorneys often refer families to J&R for their specialized experience navigating the intricacies of Virginia’s laws surrounding injuries during labor and delivery.
In a traditional medical malpractice case, the patient must establish:
That a healthcare provider deviated from the applicable standard of care. This means the healthcare provider failed to do something that a reasonably prudent healthcare provider of like or similar training would have done under the circumstances, or, that the healthcare provider did something that a reasonably prudent healthcare provider of like or similar training would not have done;
That the deviation from the standard of care caused injury and damages to the patient; and
What injuries and damages were caused.
Medical malpractice cases are hard fought in Virginia in part due to the fact that there is a cap on recovery imposed by Section 8.01-581.15 of the Virginia Code. As of July 1, 2019, the cap on medical malpractice recoveries is $2.40 million. That cap will go up by $50,000 each year until July 1, 2031, when the cap will raise to $3.0 million.
In some cases of birth-related neurological injuries, pursuing a traditional medical malpractice case is not an option. In 1987, among fears that major medical malpractice insurers would not renew obstetrical malpractice insurance in Virginia, the Virginia General Assembly enacted the Virginia Birth Related Neurological Injury Compensation Act. The Birth Act provides protection to certain doctors and hospitals from malpractice claims arising from statutorily defined “birth-related neurological injuries.” In exchange for that protection, the General Assembly created a no-fault compensation system for infants with qualifying injuries, which is akin to workers’ compensation laws. Birth Act cases are filed and adjudicated at the Virginia Workers’ Compensation Commission and successful claims entitle an eligible infant to compensation for medical and rehabilitative care, wage replacement and litigation expenses. Under the Birth Act, quality of medical care does not play any role in determining qualification for compensation and recoveries are not limited by the malpractice cap. However, benefits are paid as incurred, like in a Worker’s Compensation case, versus by a lump sum verdict, as in medical negligence cases.
When potential clients contact Jones & Rostant regarding a birth-related injury, we examine whether a case meets criteria for either a traditional medical negligence case or a claim under the Virginia Birth-Related Neurological Injury Compensation Act. In instances where a client can choose whether to pursue a traditional malpractice case or a claim under the Birth Act, we are uniquely qualified to help them analyze the likely recovery under each type of case in order to maximize recovery for their injuries and losses. In cases where malpractice claims are foreclosed by the Birth Act, we passionately pursue maximizing recover under the Act.
Contact our firm at (703) 352-0522 for a free case review. We have been compassionately pursuing justice for the injured since 2004.
“Ann helped navigate a very lengthy and difficult birth injury case and my daughter and I are very grateful. Without her we would have never been able to understand the process. She is the most dedicated, knowledgeable attorney I have ever met. She is a fighter and represents her clients with a compassion like no other.”