Birth Injury Lawyers in Harrisonburg

Nearly 40 Years of Combined Experience for Virginia Families

A birth injury may involve preventable harm to a newborn or mother before, during, or shortly after labor and delivery. Obenshain Law Group represents families in Harrisonburg, Virginia, and throughout the state in birth injury matters within our medical malpractice practice. Led by Mark Obenshain and Justin Wolcott, our firm has recovered millions for clients in medical malpractice matters.

Birth Injuries & Delivery Concerns We Evaluate

Some conditions are identified immediately after delivery, while others become apparent as a child develops. A diagnosis is only one part of our review. We examine the surrounding pregnancy care, labor, delivery, and resuscitation to understand what occurred and whether the medical evidence supports a claim.

Conditions commonly examined in birth injury matters include:

• Cerebral palsy
• Hypoxic-ischemic encephalopathy, a brain injury associated with inadequate oxygen and blood flow
• Birth asphyxia
• Erb’s palsy and other brachial plexus injuries affecting the nerves that serve the shoulder, arm, and hand
• Intracranial hemorrhage, or bleeding within the skull
• Cranial nerve damage
• Bone fractures
• Spinal cord injuries

Our evaluation may also address forceps or vacuum extraction errors, failures to monitor or respond to fetal distress, delayed cesarean delivery, and medication errors. These events aren’t automatic proof of negligence. Medical records and professional review are generally necessary to compare the treatment provided with accepted standards.

Birth injuries can affect the newborn, the mother, or both. An injury to the mother may raise legal questions separate from those involving the infant, including issues not covered by programs limited to qualifying neurological injuries in newborns.

Virginia Birth Injury Deadlines & Legal Pathways

Virginia birth injury claims are subject to strict, fact-dependent deadlines. Virginia Code § 8.01-243(A) generally provides a two-year filing period for personal injury and medical malpractice claims, measured from when the cause of action accrues. Waiting for the full effects of an injury to become clear can put important rights at risk.

For medical malpractice involving a minor, Virginia Code § 8.01-243.1 generally requires a claim to be filed within two years of the last negligent act. If the child was under eight when the malpractice occurred, filing may generally be permitted until the child’s tenth birthday. The extension that can apply to minors in other personal injury matters doesn’t generally preserve a medical malpractice claim against a health care provider until age 18.

Virginia also generally applies a 10-year statute of repose, an outer deadline that can bar a medical malpractice claim regardless of when the injury was discovered. Limited exceptions may apply. The date of the care, the child’s age, the provider’s identity, and other case-specific facts can affect the analysis.

Birth-Related Neurological Injury Compensation Program

The Virginia Birth-Related Neurological Injury Compensation Program is a no-fault alternative to a medical malpractice lawsuit for certain qualifying injuries. Eligibility generally requires oxygen deprivation or mechanical injury to the brain or spinal cord during labor, delivery, or resuscitation. The injury must also cause permanent qualifying disabilities that require assistance with daily activities.

A health care provider’s participation can affect whether a family may pursue a malpractice lawsuit against that provider for a qualifying injury. The program doesn’t cover an injury to the mother that is separate and distinct from the infant’s injury. Because eligibility and provider participation require close review, families shouldn’t assume the program applies or prevents a claim without a case-specific assessment.

How We Assess a Birth Injury Claim

We evaluate medical records, consult with medical professionals, and compare the treatment provided with accepted standards. This information may establish the care given, the nature of the injury, and its effects on the child and family. We also consider the strengths and limits of the evidence rather than treating a difficult medical outcome as proof of liability.

Families should preserve discharge papers, test results, and other medical documents. A written timeline can capture appointments, provider discussions, diagnoses, and events surrounding labor and delivery while the details remain accessible. These materials can help us identify the records and medical questions that require closer attention.

Depending on the evidence, recoverable losses may include current and future medical care, special education needs, caregiver assistance, future lost earnings, and pain and suffering. Housing or transportation accommodations may also be relevant. Virginia applies a total medical malpractice damages cap that includes economic damages, and the applicable amount varies according to the year in which the malpractice occurred.