Best Birth Injury Lawyers in Virginia Beach, VA

FAQs

• What is the statute of limitations in a birth injury case in Virginia Beach?

  The state's two-year rule statute of limitations in medical malpractice is generally extended in a birth injury case in Virginia Beach. Cases involving children, such as birth injuries, have a longer statute of limitations if the child was under the age of eight at the time of the injury. In such cases, the child has until their 10th birthday to file a medical malpractice claim.

• Is there a cap on damages you can receive on a birth injury claim in Virginia Beach?

  Yes, under Virginia Beach law, the amount of damages you can obtain in a birth injury claim is limited. The specific cap varies depending on the date of the malpractice, but for incidents occurring after 2009, the cap exceeds $2 million. The cap for birth-related medical malpractice damages is $2.4 million between July 1, 2019 and June 30, 2020. This cap is raised by around $50,000 per year.

• Is a medical expert witness required in a birth injury claim in Virginia Beach?

  Yes, in Virginia Beach, obtaining medical expert testimony is required for medical malpractice cases involving birth injuries. These experts must have worked in the same or a closely related specialty as the defendant within the previous year. Their professional background and relevance to the case's specifics are critical factors in validating and supporting a birth injury claim in Virginia Beach, making their testimony a must in such cases of medical malpractice.

• Can you sue for pain and suffering in a birth injury case in Virginia Beach?

  Yes, you can seek compensation for non-economic damages such as pain and suffering in a birth injury case in Virginia Beach. Non-economic damages include emotional distress, physical pain, mental anguish, post-traumatic stress disorder, and other issues caused by someone else's carelessness or recklessness. It is worth noting that Virginia law frequently imposes caps on noneconomic damages, especially in cases involving medical malpractice.

• Can parents sue for wrongful birth in Virginia Beach?

  Yes, parents in Virginia Beach have the right to sue for wrongful birth. In such cases, a wrongful pregnancy or wrongful conception action may be pursued. In a wrongful pregnancy or wrongful conception case, the damages that can be sought are those that are a logical and direct result of the breach of duty.