Articles Posted in Birth Injuries

Hypoxic-ischemic encephalopathy (HIE) is one of the most serious birth injuries a child can suffer… and it is usually preventable. When oxygen deprivation during labor or delivery causes permanent brain damage, families deserve answers.

An HIE lawsuit can provide those answers. It can also provide the financial resources your child will need for a lifetime of therapy, medical equipment, special education, and around-the-clock support.

Our hypoxic-ischemic encephalopathy lawyers have secured tens of millions of dollars in settlements and verdicts for families affected by birth injury malpractice. Our lawyers take cases nationwide and work with leading medical experts to determine exactly what went wrong and who is responsible.

A Cesarean section, also known as a C-section, is a surgical procedure in which a baby is delivered through an incision in the mother’s abdomen and uterus. It is often necessary when there are complications during delivery that make vaginal delivery too risky. However, when a healthcare provider fails to perform a C-section in a timely manner, it can result in birth injuries that may have long-lasting consequences for the baby and the family.

Birth injury lawsuits are complex, and every case is very different. But it is amazing how many birth injury lawsuits follow a pattern of a fetal heart rate that shows a child that is likely struggling to get needed oxygen to feed vital organs and a doctor that does not respond to these alarms by taking immediate steps to deliver the child.

This article will explore the legal implications of a failure to perform a C-section when a baby is in fetal distress and needs to be delivered, explain how these birth injury lawsuits work, and how settlement amounts are calculated.

A birth injury refers to physical damage to an infant resulting not from something that happens during the labor and delivery process. A large percentage of birth injuries are caused by avoidable mistakes or negligence by health care providers. Although some birth injuries can be minor, others can result in permanent disabilities, affecting the child’s cognitive and/or physical function. West Virginia recognizes the right of parents to obtain legal compensation when their child suffers a birth injury caused by medical negligence. This page will outline the relevant West Virginia birth injury malpractice law and the value of these cases in West Virginia.

Examples of Common West Virginia Birth Injuries

Outlined below are some of the birth injuries that we see most frequently in West Virginia birth injury malpractice lawsuits.