Charleston Birth Injury Lawyers Standing Up For Families Harmed By Birth Injuries

When the medical professionals tasked with bringing a child into the world do not do their duty, their mistakes can do irrevocable damage to both mother and child. Families dealing with the life-changing consequences of these errors deserve to have experienced help as they pursue justice.

At The Masters Law Firm, L.C., our experienced medical malpractice attorneys have a proven track record of standing up for West Virginia mothers and children who have been impacted by birth injuries. Our Charleston birth injury lawyers take the time to understand the impact that these injuries have on families and go the distance to help them pursue the compensation they need.

What Is A Birth Injury?

A birth injury is any harm endured by your baby during birth. Birth injuries can be temporary, like rashes, burns, bruises or swelling. They can also be permanent and leave your child with conditions like cerebral palsy or prenatal asphyxia. These conditions often stay with your child for life and can be expensive to treat.

What Types Of Birth Injuries Impact West Virginia Families?

When health care providers use medical devices improperly, fail to appropriately monitor a mother or child’s health, or make other errors during pregnancy or labor, those mistakes can lead to serious or fatal harm. Medical errors that can lead to long-term challenges for a child or mother include:

• Brain injuries – Physical trauma from a vacuum or forceps and oxygen deprivation can seriously damage the brain, leading to hemorrhages, hypoxic ischemic encephalopathy (HIE) or periventricular leukomalacia (PVL).
• Spinal cord injuries – Injuries to the neck during birth can compress or otherwise damage the spinal cord, leading to paralysis, weakness and limited sensation below the injury.
• Cerebral palsy – Injury to the brain and infections during pregnancy can lead to cerebral palsy.
• Failure to detect and treat maternal conditions – During pregnancy, a mother’s health has a direct impact on the developing baby, and doctors must properly treat any health issues that arise. Conditions like gestational diabetes, preeclampsia and hypertension all impact both the mother’s health and the child’s development.
• Shoulder dystocia – When a baby’s shoulders become stuck during delivery, the nerves between the neck and arms may pull or tear.

How Do You Prove A Birth Injury?

You can build a compelling case by:

• Providing evidence of the injury.
• Confirming that you were a patient under the negligent medical provider’s care.
• Demonstrating how your medical providers violated their duty of care and how their violation led to the injury of your newborn child.

There can be a lot of information and evidence to work with when proving medical negligence. Call us today at 304-371-7894 to pursue the compensation and accountability your family deserves.

What To Do If Your Child Has A Birth Injury

If you believe your newborn suffered a birth injury, take these four steps:

1. Seek immediate medical attention: Bring your child to a trusted pediatrician or neurologist if you notice anything off. They may be able to diagnose them with a specific issue and determine whether the injury occurred during birth. They can also advise you on effective treatment options moving forward.
2. Collect all necessary evidence: If you believe your child’s doctor or nurse is responsible for their birth injury, collect any documentation you have from your interactions with them.
3. Speak with witnesses: Talk with them to any medical staff present during your child’s birth to see if they noticed any reckless or unethical from your doctor.
4. Call an attorney: Bring evidence and witness statements to a trusted attorney once you have evidence and witness statements. They can turn this evidence into an emotionally compelling case to help you seek justice.

No one ever wants their child to suffer an injury during birth, especially from a medical provider they put their trust in. However, there are avenues you can take to hold them accountable for their recklessness.

How Can An Experienced Charleston Birth Injury Attorney Help?

First, an experienced birth injury lawyer can help you identify whether your doctor or other health care provider could have prevented the injury to either mother or child. As a result, consulting with a lawyer can help you determine whether you qualify for a malpractice claim.

A birth injury lawyer can also help you determine how much your claim is worth. Because birth injuries can lead to lifelong health challenges for mothers and children, achieving fair compensation depends on understanding the full impact of the injury. Lawyers with experience in medical malpractice cases can not only assess your care needs today but also identify future costs and other ways that the injury impacted your life.

Most of all, a Charleston birth injury attorney can help you seek justice and hold your health care providers accountable for their actions. When you seek treatment from your doctor, you put both your life and your child’s future in their hands. By taking legal action with a skilled lawyer by your side, you can not only recover compensation for the harm you suffered but also protect other families by holding health care providers to account for their errors.

How Can A Birth Injury Lawyer Negotiate A Fair Settlement For My Family?

A skilled birth injury lawyer can negotiate a fair settlement by thoroughly understanding the intricacies of your case and the lifetime implications of the injury. They will consider current and future medical costs, the need for specialized care, the child’s quality of life, and the emotional trauma experienced by the family. By presenting a well-documented case that clearly demonstrates negligence and the extent of your damages, your attorney can advocate for a settlement that fully addresses the harm done to your family.

How Can A Birth Injury Impact A Family?

The impact of a birth injury on a family is profound and multifaceted. It can extend far beyond the immediate health concerns of the child, affecting emotional well-being, financial stability, and family dynamics. Parents may face overwhelming medical bills for ongoing treatment, therapy, and care, which can be a significant financial burden. Emotionally, the stress and heartache of seeing a child suffer can lead to anxiety, depression, and strain on relationships. The family’s daily life may be fundamentally altered, requiring adjustments to work schedules, living spaces, and plans to accommodate the child’s needs. The journey is challenging, but with a compassionate legal team, families can seek the support they require to navigate this new reality.

What Is The Time Limitations For Filing A Birth Injury Lawsuit In West Virginia?

In West Virginia, the statute of limitations for filing a birth injury lawsuit is generally two years from the date of the injury or loss of the child. However, there are exceptions to this rule, especially in cases where injuries may not be immediately apparent. In some cases, the statute of limitations may be deferred to the time when the injury was discovered or should have been discovered. It’s essential to consult with a knowledgeable birth injury attorney as soon as possible to ensure your claim is filed within the legal timeframe. An attorney can examine specific circumstances that may extend the filing deadline and help safeguard your right to pursue justice.

Are There Damage Caps On Birth Injuries In West Virginia

West Virginia does have caps on noneconomic damages in medical malpractice cases, which include birth injury claims. These caps limit the amount of compensation that can be awarded for pain and suffering, emotional distress, and other noneconomic losses. However, there are no caps on economic damages, which cover calculable losses such as medical expenses and lost earnings. It’s important to discuss the specifics of your case with an attorney who is up-to-date on the current laws and can advise you on the best course of action for your situation.

Take Steps To Protect Your Family Today

You and your family do not have to face the impact of a birth injury alone. From our office in Charleston, The Masters Law Firm, L.C., provides legal representation to injured people and their families throughout West Virginia. Call 304-371-7894 or reach out to our firm online to schedule a free consultation with one of our birth injury lawyers and learn more about your options.