West Virginia Birth Injury Attorneys
Helping parents across the nation recover compensation
for malpractice
Birth injuries are still prevalent in the United States. For every 1,000 births in the United States, six to eight babies are born with birth injuries, which translates to about one out of every 9,714. Birth injuries often have devastating effects on families. They can have many causes, often stemming from the negligence of doctors or other health care providers. The Charleston birth injury attorneys at Calwell Luce diTrapano PLLC can help your family examine your options for recovering monetary compensation in these tragic circumstances.
Common causes of birth injuries
A birth injury is physical harm that a baby suffers during the birthing process, often as the result of birth trauma.
- Delayed birth — When labor goes on for too long or the child’s brain becomes compressed, the baby may undergo fetal distress, exacerbated by the health care provider’s failure to timely complete a C-section or otherwise alleviate pressure.
- Oxygen deprivation — If the umbilical cord wraps around the baby’s neck, or the baby has underdeveloped lungs or a low birth weight, the baby may not get the oxygen needed during the birthing process, resulting in injury to the brain.
- Medical errors — Other birth injuries may be due to medical errors caused by lack of communication, not quickly detecting potential problems, not properly monitoring the baby or the mother, or other health care mistakes.
A birth injury is different from a birth defect, which is a condition due to genetics or another medical predisposition. However, some birth defects are caused by medical errors, such as giving a pregnant mother medication that endangers the baby’s health, and may be cause for a claim.
Our experienced medical malpractice attorneys will thoroughly investigate your child’s situation and determine if there is a viable claim against a doctor or other health care provider.
Time limitations on West Virginia birth injury suits
Generally, West Virginia law has a two-year statute of limitations for bringing a birth injury lawsuit, starting from the date of your child’s injury or from the time you discovered the harm. If the medical malpractice resulted in the tragic loss of your child’s life, you have only two years from the date of death to file a claim. However, determination of the statute of limitations in these cases are complex and may vary depending on the specific information at issue. Our lawyers have the skills and knowledge you need to navigate the complexities of a birth injury claim. You should consult with a qualified lawyer immediately to make sure your case is not time-barred and that there will be ample opportunity to prepare it effectively.
Why you need a lawyer for filing a birth injury lawsuit
We understand that medical malpractice claims involving birth injuries may seem overwhelming to parents who are dealing with getting proper care for their injured baby. Insurance adjusters may try to talk to them, record their statements, and offer quick settlements before they have a chance to consult an attorney. The compensation offered at this early stage is seldom enough to compensate for the necessary and expensive medical treatment an injured child will need. Most families will not have the funds necessary to provide ongoing medical treatment for a serious birth injury such as cerebral palsy or a brain injury.
In a birth injury case, you might be entitled to damages for your:
- Past and future medical bills;
- Lost earnings and earning capacity;
- Pain and suffering;
- Emotional distress; and/or
- Loss of the enjoyment of life.
The experienced medical malpractice attorneys at Calwell Luce diTrapano PLLC can handle communications with the insurance company and work to negotiate a fair settlement that will adequately provide for your family’s needs. We will gather important evidence to help establish liability, including witness statements, medical records, and other documents. We will pursue fair compensation by negotiating, but, if necessary or preferable, will file a lawsuit to seek maximum recovery for the injury.
Consult our Charleston birth injury lawyers for reliable assistance
For more information about how we can help with your birth injury claim, consult with the experienced attorneys at Calwell Luce diTrapano PLLC. Call us at 304-400-6558 or contact us online to schedule an appointment.
