Asphyxia is a serious and often preventable birth injury that occurs when a newborn does not receive enough oxygen before, during, or immediately after delivery. A Charleston, West Virginia asphyxia lawyer helps families pursue accountability and compensation when negligent medical care leads to harm. Discuss your case today in a free consultation by calling (304) 720-6700 or messaging Tiano O’Dell, PLLC online.
Why Choose Us
- Our firm founders have been recognized as Top 100 Trial Lawyers and West Virginia Super Lawyers for their skill and results in high-stakes litigation.
- Decades of courtroom and negotiation experience handling complex medical negligence and birth injury claims.
- A strong reputation built on trust, dignity, and long-standing client relationships, with referrals serving as the highest endorsement.
What Is Birth Asphyxia?
Birth asphyxia occurs when a baby experiences reduced oxygen flow to the brain or vital organs during labor or delivery. The brain begins to suffer damage within minutes of oxygen loss. The severity of injury depends on how long the deprivation lasts and how quickly medical staff intervene. Birth asphyxia is commonly associated with conditions such as:
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy caused by oxygen deprivation
- Seizure disorders
- Cognitive impairment and developmental delays
- Motor function loss
- Organ damage
- Fatal birth injuries
Prompt recognition and intervention are critical. When medical providers fail to act, the consequences can be devastating. In the event of death, contact a Charleston wrongful death lawyer.
Common Causes of Birth Asphyxia
Birth asphyxia often results from preventable errors during labor and delivery. Common causes include:
- Failure to monitor fetal oxygen levels or heart rate
- Ignoring signs of fetal distress
- Delayed emergency cesarean section
- Umbilical cord compression or prolapse
- Placental abruption or insufficiency
- Prolonged or obstructed labor
- Improper use of labor-inducing medications
- Failure to provide adequate oxygen or resuscitation after birth
Many of these situations require immediate action. Delays or poor decision-making can directly lead to permanent injury.
Liability in Birth Asphyxia Cases
Birth asphyxia cases often involve medical negligence. Liability may fall on:
- Obstetricians who failed to recognize or respond to fetal distress.
- Nurses who did not properly monitor labor.
- Hospitals that lacked adequate staffing or protocols.
- Anesthesiologists who mishandled oxygen delivery.
- Medical teams that delayed emergency intervention.
West Virginia follows a modified comparative negligence rule under West Virginia Code §55-7-13a. Families may recover damages as long as they are less than 50 percent at fault. Compensation is reduced by the percentage of fault assigned.
How a Charleston Asphyxia Lawyer Can Help
Birth asphyxia cases involve complex medical evidence and powerful defendants who often deny responsibility. Hiring a Charleston birth injury lawyer is critical because these cases demand immediate investigation and long-term planning for a child’s future. A lawyer helps by:
- Preserving key evidence such as fetal monitoring strips, delivery records, and neonatal resuscitation data.
- Identifying when oxygen deprivation occurred and whether medical staff failed to respond to fetal distress.
- Working with medical experts to connect errors during labor or delivery to the child’s injuries.
- Establishing how providers deviated from the accepted standard of care.
- Identifying all responsible parties, including physicians, nurses, and hospitals.
- Calculating lifetime medical and support costs to ensure full compensation.
- Countering efforts by insurers to minimize injuries or shift blame.
Families caring for a child with birth asphyxia face lifelong medical and financial challenges. With legal representation, you can have the peace of mind that an attorney is fighting to hold the wrongful party accountable and for the resources necessary to support your child’s long-term needs.
Contact Us Today
Call (304) 720-6700 or message us online to schedule a free consultation with a Charleston, West Virginia birth asphyxia lawyer.
