Filing a Birth Injury Claim

The foot of a white new born baby

In West Virginia, any violation of the duty of care a medical professional has when delivering a baby results in physical harm before, during, or after labor is at risk of a birth injury lawsuit. Birth injuries can be severe and long-lasting, leaving the family with unexpected challenges and financial hardships.

Causes of Birth Injuries

Many factors play a part in medical malpractice causing birth-related injuries, some of which include:

  • Surgical errors during a C-sections
  • Failure to monitor signs of fetal distress
  • Handling the child roughly when stuck inside of the birth canal
  • Failure to diagnose medical conditions after birth, such as jaundice
  • Misdiagnosing or failure to diagnose maternal medical conditions
  • Waiting too long to perform C-sections
  • Improper usage of birthing tools, such as forceps

Types of Birth Injuries

Some of the most common birth-related injuries babies can suffer from include:

  • Brain damage
  • Erb’s palsy
  • Cerebral palsy
  • Broken bones
  • Facial paralysis
  • Brain anoxia or hypoxia
  • Cuts and lacerations
  • Kernicterus
  • Brachial and shoulder plexus injuries
  • Klumpke’s palsy
  • Soft-tissue damage

Who Is Responsible for my Case?

Many parties could potentially be at fault when determining the liability of a brain-related injury lawsuit. Working with an attorney familiar with these cases is the most beneficial way of assessing liability. Possible at-fault parties may include:

  • Nurses or nurse practitioners
  • Lab technicians
  • obstetricians
  • Doctors
  • Gynecologists
  • Surgeons or their surgical team
  • Birthing centers
  • Hospitals
  • Medical equipment manufacturers

Filing a Claim

West Virginia has a two-year statute of limitations placed on birth injury cases. When seeking compensation, the two-year period begins

  1. Two years following the discovery of the injury; or
  2. On the date the incident that caused the injury occurred
  3. Two years of the infant’s death (if wrongful death occurred)

When taking legal actions against the negligent party, damages that may be compensated for may include, but are not limited to:

  • Surgeries, physical therapy, and rehabilitation
  • The costs of traveling to see a specialist
  • Ongoing medical needs or live-in nurses
  • Related losses of income on the parent’s behalf
  • Attorney fees
  • Medications or medical equipment
  • Punitive damages, in some cases

Contact a Lawyer

Fighting for your child’s rights after sustaining birth-related injuries can be challenging and cause lots of stress. Don’t feel like you are alone. Here at Warner Law Offices, PLLC, we have a team of birth injury lawyers who are dedicated to providing you the service you need and committed to seeing your case succeed. We have years of experience under our belt that you need on your side. Let us help you.

Contact us today at 304-345-6789 or visit us online to schedule a free consultation with one of our awkward winning attorneys.

Schedule a Free
Attorney Bobby Warner
Content Reviewed by:
Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

Recent Entries