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Birth Injury Attorney

lawyer in Virginia Beach for birth injuryParents are fiercely protective of their children. The last thing any parent wants for their child is for them to be hurt, particularly due to injuries that could have been prevented. When an expectant mother is giving birth, errors or negligence made by the medical team could lead to serious, permanent medical conditions caused by birth injuries.

At the Virginia Beach law firm of The Law Firm of Carlton F. Bennett, P.L.L.C., our attorneys work with our clients to hold doctors, nurses and other health care workers accountable for errors that cause a child to suffer a birth injury. Parents turn to us when they need a principled, aggressive Virginia Beach birth injury attorney to help them and their child to get the compensation they need as a result of birth injuries sustained during the delivery.

Birth Injury


The plaintiff mother gave birth to a young girl with shoulder dystocia. Plaintiff mother claims that she requested a C-section delivery but the hospital claimed that she had progressed to far and that a vaginal delivery was safe. Plaintiff mother had a prior C-section birth due to complications and hospital should have known that a vaginal delivery presented risks that could have been avoided by C-section delivery. During vaginal delivery, doctors placed excessive pressure on the baby’s shoulder and the child sustained a brachial plexus injury and resulting Erb’s Palsy. Plaintiff girl had severely limited use and development of her right arm as a result of hospital’s failures.


The delivery room at a hospital can be a chaotic place, particularly when the baby is about to be born. Doctors, nurses and aides can stream in and out of the room, often without the parents knowing who they are. In this environment, it is crucial that each member of the team contributes to a successful birth. Problems that may occur can include:

  • Oxygen deprivation, which can cause brain injuries such as cerebral palsy;
  • Muscle injuries, which can cause numbness or paralysis of the limbs;
  • Injuries sustained during the delivery, often from medical implements used to assist with the birth;
  • Medication errors involving the mother or child;
  • Failure to respond to maternal or fetal bleeding;
  • Ordering a cesarean section (C-section) when not medically necessary;
  • Failing to provide certain medical care in a timely manner;
  • Failing to treat materna infections and health conditions during pregnant such as meningitis or gestational diabetes; and

Failing to anticipate birth complications before they happen.

What Are the Signs and Symptoms of Birth Injuries?

What’s supposed to be the happiest day of your life may tragically take a turn when your child suffers preventable harm at birth. The most common signs and symptoms of a birth injury include the following: 

  • Bruising, swelling, or abrasions on your child’s head, face, or shoulders; 
  • Seizures occurring within 48 hours of birth;
  • Infant’s need for CPR or a breathing tube during delivery;
  • Failure to begin breathing immediately after delivery;
  • Loose or limp arms, indicating a lack of muscle tone; 
  • Initiation of hypothermia or body cooling upon transfer to NICU; 
  • Body stiffness; and
  • Low Apgar scores.

A birth injury’s initial signs and symptoms may go unnoticed, making it more challenging to prove they were caused by medical malpractice. Contact a birth injury lawyer today if you suspect your child suffered harm during delivery. In birth injury cases, your attorney holds the responsible party accountable to you and your family and ensures you get the financial support needed to cope with the medical costs and lasting effects of a birth injury. 

How Can a Birth Injury Impact the Lifetime Care of a Child? 

Severe birth injuries lead to lifelong complications. In addition to dealing with their new tragic reality, these families now face lifetime costs that may amount to millions of dollars. Birth injuries impact the lifetime care of a child through expenses that can include: 

  • Medical treatments; 
  • Everyday life needs; 
  • Special education;
  • Home modifications; 
  • Mobility devices, both in-home and in vehicles; 
  • In-home care; and
  • Future care.

Many birth injuries require medical care and special accommodations for the duration of a child’s life. Parents may also need to set up special legal protections for when the parents can no longer care for the child. Your Virginia Beach birth injury lawyer gets to work immediately to calculate the lifetime costs that will be required to care for your child. Once hired, attorneys investigate your case’s facts and circumstances, including reviewing medical records and hospital notes and collecting witness statements. Building a solid case is difficult without an attorney. With so much at stake, it’s vital to hire an experienced Virginia Beach birth injury attorney to represent the interests of your child and your family. 

Contact The Law Office of Carlton F. Bennett Today

At the Law Office of Carlton F. Bennett, we take pride in giving you the personal attention and service you deserve. We work closely with you to help you get the maximum compensation possible. We know the tough times you’ve already endured, and we are committed to helping you get the money you need to care for your child for the rest of their life. Contact us today to see how we can help you.

This is not a comprehensive list. If you feel that your child has been affected by a birth injury, contact our firm for a free consultation. To get started, call us today at 757-486-5454 or complete and submit our online contact form. You can also view some of our past case results.

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