Welcoming a child should be a joyous time, and as a parent, you place enormous trust in your doctors. But what happens when that trust is broken and your child suffers a lifelong injury during birth? How can you know if it was an unavoidable tragedy or a preventable medical mistake?
In West Virginia, the law judges these cases based on the “standard of care.” This is not about perfection, but simply the level of skill a reasonably careful doctor should provide. When a provider’s actions fall below this standard and cause harm, it may be medical negligence.
1. Failing to respond to fetal distress
One of the most important ways to check for problems during labor is by monitoring the baby’s heart rate. Signs of distress often mean the baby may be experiencing a lack of oxygen.
A competent medical team should recognize these warnings immediately. A negligent delay in taking action, such as performing an emergency C-section, can lead to permanent and devastating brain damage.
2. Mismanaging a difficult delivery
When a baby’s size or position makes a vaginal birth risky, a doctor must act with great care. Misusing tools like forceps or a vacuum extractor can cause head trauma or nerve damage. Likewise, waiting too long to perform a necessary C-section when labor is not progressing is another critical error.
3. Medication errors
Drugs used to speed up labor, like Pitocin, must be managed carefully. An incorrect dose can cause contractions that are too strong or frequent. This can put the baby under immense stress and cut off their oxygen supply, leading to serious, lifelong injuries.
Fighting for your child’s future
Any of these errors can have permanent and life-altering consequences for a child. And no amount of money can undo the harm from a preventable birth injury.
A legal claim is about securing your child’s future. A successful case can provide the financial resources needed for a lifetime of medical care, therapy and essential support.
Learning that your child’s injury may have been preventable is a heavy burden. If you believe a medical mistake was the cause, consider speaking with a compassionate attorney to get the answers your family deserves.