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West Virginia Birth Injury Attorney

One of the most beautiful experiences for a couple is to have a baby together. The joy, excitement and happiness at a child’s birth are indescribable. However, all this can transform into sadness in the blink of an eye due to the negligence or a mistake of a medical professional involved in the delivery process of the baby. Medical errors can result in serious birth injuries, a lifetime disability, or even death of the baby or mother.

By law, it is the duty of a medical professional (nurse or doctor) to make sure that they provide medical treatments in conformance with approved medical protocols. Though success is not always guaranteed, if medical professionals deviate from the approved protocols, and make an error in action or judgment, then they should be held accountable for their negligent conduct.

If you or your newborn has suffered from an injury due to the negligence or mistake of a medical professional, then get in touch with our West Virginia birth injury malpractice lawyers at Adams Legal Group, PLLC to seek help in pursuing a medical malpractice claim – (304) 381-2166.

WV Birth Injury Attorney

Types of Birth Injuries Due to Malpractice and Negligence

A newborn or the mother can get injured in many ways due to the negligence of a medical professional.  Common causes and types of birth injuries include:

Negligent Pre-Natal Care

Some birth injuries are due to pre-natal negligence which is misdiagnosing and mistreatment of the mother, for example, a failure to screen for maternal hypertension, diabetes, or HIV.

Labor & Delivery Negligence

Labor as well as delivery needs to be monitored closely for fetal heartbeat so that any signs of fetal distress can be detected timely. Failure to detect irregular or sudden changes of the fetal heart activity and maternal contractions can lead to fetal brain damage or hypoxia. The lack of oxygen can result in irreversible brain damage which can further lead to permanent disability and need for continual care.  It can also cause cerebral palsy which can further lead to developmental problems thereby causing motor skill deficiencies

Negligent Use of Forceps and Vacuum Aspirators

Forceps and vacuum aspirators are used often to pull the baby when the mother can’t push. If these devices are not used properly, they can injure the mother causing uterine perforation. And can also hurt the fetus leading to injuries like skull fracture, brachial plexus nerve trauma and brain damage.

While some injuries are visible on the spot, other injuries like brain damage and brachial plexus nerve trauma may not be apparent right away. Therefore, under West Virginia law, the injured party can initiate medical malpractice litigation within 2 years of the negligent act.

If the injury to you or your baby is apparent and caused by the negligence of the medical professional, then prompt action is critical to protect your rights. Allow our est Virginia birth injury lawyer to pursue your case. We will secure the medical records of your hospital birth procedure and pre-natal records from your doctor before anyone makes changes to them. These records are helpful in case investigation, and successful legal representation of victim.

We will pursue your case aggressively to ensure the best protection of your interests and your child’s whether through negotiation or in the court.

Birth Injury Attorney Morgantown, WV

The birth of a child is proud moment for parents. Sadly, that moment can take an unfortunate turn and jeopardize your baby’s life and future. Complications can naturally arise during birth, but some are preventable and happen because of a doctor’s negligence or a mistake made by medical staff. Whether the injury happened during birth or prenatal care, if negligence was a factor, you should consult a birth injury attorney.

Contact An Experienced WV Birth Injury Lawyer

Please call us on local phone (304) 381-2166 or toll free (855) 822-0140 to schedule an initial consultation. A consultation with our lawyer in Morgantown, WV can give you the information and guidance that you require to understand your legal rights, options and the best way to precede.

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Birth Injury Claims - Frequently Asked Questions

Can a Birth Injury Be Prevented?

Some birth injuries are very hard to avoid even when the mother and child are under the best possible medical care. In other situations, a birth injury is preventable. This is why it is important to consult a birth injury attorney as soon as possible to learn about your legal options. In general, a birth injury, when caused by negligent medical care, is a type of medical malpractice, which falls under personal injury law.

Determining whether or not a birth injury could have been prevented will largely depend on whether a certain standard of care was met by the medical staff. This standard of care refers to the skill and service that any reasonable professional with the same medical background and experience would offer. A birth injury attorney in Morgantown, WV might consider questions such as:
  • Would another medical professional have made the same decision?
  • Were there any unreasonable mistakes?
  • Could something have been avoided?
  • Was the birth injury sudden and unpredictable?
 
Before the birth injury can be considered preventable, evidence must be gathered and evaluated by a lawyer and medical experts.

What Are The Most Common Symptoms of a Birth Injury?

There are a wide range of birth injuries. Some are immediately noticeable but others do not manifest themselves for some time. An infant who displays any of the following symptoms could have a birth injury:
  • Preeclampsia
  • Bruising
  • Paralysis
  • Cerebral palsy
  • Brachial plexus
  • Discoloration from lack of oxygen
  • Bleeding
  • Irregular heartbeat
  • Breathing problems
  • Feeding problems
  • Seizures

What Are The Most Common Causes For Birth Injuries?

Although medical advancements has allowed for childbirth to be relatively safe, there is a potential for injuries to occur.
Some of the reasons for this include:
  • Failing to diagnose a birth defect that could have been corrected with treatment or surgery
  • Failing to diagnose an ectopic pregnancy
  • Failing to diagnose severe preeclampsia or HELLP syndrome
  • Failing to diagnose any other condition of the mother
  • Not performing a cesarean section when it would have been best for the mother or infant
  • Disregarding fetal distress
  • Medication errors during the delivery process
  • Using unapproved treatments (rare)
  • Faulty medical equipment

How Do I Prove A WV Birth Injury Claim For Malpractice?

In order to receive compensation, a Morgantown, WV birth injury attorney will need to prove medical negligence, and that the negligent medical care was the cause of injuries, beyond a reasonable doubt.
 
Proving negligence in the medical malpractice context requires expert opinion and testimony, and is not always very clear cut.  Additionally, the causation issues, clearly linking the injuries to the medical negligence can also be difficult to prove. 
For these reasons, it is important to retain a lawyer who specifically handles West Virginia medical malpractice claims. 
 
Apart from turning to expert witnesses and any physical evidence, a birth injury attorney will need to:
  • Demonstrate the medical staff, equipment manufacturer, or pharmaceutical company owed a certain level of care to the mother and infant.
  • The defending party failed to meet this level of care which would have been made by another professional in the same industry, and under the same circumstances.
  • The actions of the defendant resulted in harm to the mother and/or infant.
  • Had the actions not occurred, the mother and/or infant would not have been injured.
All of this requires ample time which means the sooner you contact a lawyer, the better. To schedule a consultation with a birth injury attorney Morgantown, WV families trust, call Adams Legal Group, PLLC now.
 

Birth Injury Resources

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