Can I Sue for a Birth Injury in Virginia?

 Posted on August 31, 2025 in Personal Injury

Mistakes made in a delivery room can cause lifelong injuries to both mother and child. If a medical professional acted negligently during pregnancy, labor, or delivery, you may have the right to file a medical malpractice claim in Virginia.

Recently, Virginia’s Birth-Related Neurological Injury Compensation Program faced turmoil when its CFO admitted to embezzling $6.7 million. The program is a no-fault system that provides compensation for certain severe birth injuries without requiring families to file a traditional malpractice lawsuit. However, the CFO's actions have led to delays in benefits for families who rely on the fund. 

In light of this breakdown, many parents are now questioning the program’s reliability and seeking justice through traditional legal claims. Even though the program has faced financial and administrative problems, it generally remains the exclusive remedy for qualifying neurological birth injuries when the medical provider participates. A Vienna, VA personal injury attorney can help you understand the laws that apply and the evidence required to protect your child’s future.

Understanding Virginia Medical Malpractice Laws

Virginia law gives parents the right to sue when a health care provider’s negligence causes injury.  Under Va. Code § 8.01-581.20, medical malpractice occurs when a provider’s actions, or failure to act, fall below the accepted standard of care. This can include mistakes by doctors, nurses, or hospital staff during pregnancy, labor, or delivery.

Strict deadlines apply to these cases. According to § 8.01-243.1, most medical malpractice claims must be filed within two years of the injury. However, in birth injury cases or any medical injury cases involving a child who was younger than eight years old at the time of the injury, the deadline may extend until the child turns ten. Still, taking action early is important, as delays can make it harder to gather critical evidence.

Virginia also places limits on certain damages. Under § 8.01-581.15, a cap applies to the total compensation available in medical malpractice cases. Although this cap increases each year, it still limits what a jury can award, even in cases involving serious harm. As of August 2025, the cap on damages for injuries sustained on or after July 1, 2025, is $2.7 million.

Common Birth Injuries Related to Medical Malpractice in Virginia

Birth injuries can range from minor issues that resolve quickly to permanent conditions requiring lifelong care. Some common injuries linked to medical negligence include:

• Cerebral palsy caused by oxygen deprivation

• Brachial plexus injuries leading to weakness or paralysis in the arm

• Fractures from improper use of forceps or vacuum extraction

• Brain damage from failure to monitor fetal distress

• Spinal cord injuries caused during delivery

These injuries can lead to significant medical bills, long-term therapy, and emotional distress for families. Proving that negligence caused the harm is critical to obtaining compensation.

Evidence Needed To File a Medical Malpractice Claim in Virginia

To bring a successful claim, you will need strong evidence showing that a health care provider’s mistake directly caused the injury. This can include:

• Medical records that document the pregnancy, labor, and delivery process

• Expert testimony from other medical professionals who can explain how the standard of care was violated

• Test results, fetal monitoring strips, and imaging scans

• Witness statements from nurses, staff, or family members present at the delivery

• Documentation of the child’s ongoing medical needs and long-term care requirements

Contact a Tysons, VA Medical Malpractice Attorney Today

At Salvado Law Offices, we are fully prepared and committed to handling your case with diligence and attentiveness. Attorney Carlos Salvado is also a frequent guest on Agendo Radio, where he serves as a trusted voice for the Hispanic community, offering commentary and addressing issues affecting Latin Americans and immigrants both locally and nationally.

Call us today at 703-379-9446 to schedule your consultation with a Vienna, VA medical malpractice lawyer. We are proud to stand with families in their fight for justice and accountability. Se habla Español.