The devastation of learning that your newborn was harmed during birth or in the womb can be all- encompassing, making it difficult to know what to do next. But whether your baby’s injuries resulted from the misuse of forceps or vacuum extractors, the misdiagnosis or mistreatment of maternal medical conditions, or from other instances of medical malpractice, it is important to be proactive to help safeguard your child’s future. Following these guidelines may prove helpful in protecting your rights to compensation:

  1. Seek care from a trusted medical provider — If you believe your infant’s doctor or another healthcare professional should not be trusted with your child’s care, request that this person be removed from your child’s medical team. You should be able to feel confident that your baby will suffer no further harm at the hands of inept practitioners.
  2. Request all medical records — Medical records provide crucial evidence of what procedures were performed, what medications were given and which doctors were involved. These documents may provide proof that a doctor ignored important warning signs or circumstances relevant to your infant’s injury.
  3. Document everything — By taking down the names of doctors, recording medical advice, and taking photographs, you can help to provide a clear picture of the relevant factors in your case.
  4. Do not accept a quick settlement — If a healthcare facility knows that one of their professionals is guilty of malpractice, their insurance company may try to silence you by offering a quick settlement. Do not accept a deal without first having its terms reviewed by an experienced personal injury attorney.
  5. Secure legal counsel — Having a skilled and experienced lawyer to build your medical malpractice case can mean the difference between receiving only short-term relief and getting compensation to care for your child throughout their lifetime. An attorney can conduct a thorough investigation, seek expert testimony and come up with an estimate of the compensation needed to cover current and future medical bills and other costs.

When doctors or other medical professionals fail to meet acceptable standards of care when delivering your child, a wide range of birth injuries can result. These include brain damage, cerebral palsy, facial paralysis, brachial palsy, Erb’s palsy, fractures, infection, and more. These conditions may require lifelong treatment, so it’s important to hold those responsible accountable. The attorneys at Calwell Luce diTrapano PLLC in Charleston provide assertive and compassionate advocacy for West Virginia parents whose children have suffered from birth injuries.  Call us at 800-876-5529 or contact us online to arrange for an initial consultation.