Charleston, West Virginia Birth Injury Attorney

At Tiano O’Dell PLLC, we understand the profound impact that birth injuries can have on the lives of both children and their parents. With our Charleston, WV birth injury attorneys’ experience and compassion, we will strive to obtain the justice and compensation you deserve. Arrange a free consultation today by calling (681) 641-2280 or messaging us online

Charleston Birth Injury Resources

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Why Choose Our Attorney?
What is a Birth Injury?
Types of Birth Injuries Our Attorneys Handle
Common Causes of Birth Injuries in Charleston
Benefits of Hiring a Charleston Birth Injury Attorney
Statute of Limitations for a West Virginia Birth Injury Claim
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Why Choose Our Charleston Birth Injury Attorney?

  • With over two decades of experience successfully handling all types of injury cases, you can count on us to secure the most favorable outcome. Our Charleston, WV medical malpractice lawyer provides empathetic and personalized support to our clients throughout the legal process.
  • We accept birth injury cases on a contingency fee basis, which means there are no upfront fees, and you only have to pay for our services if you win.

Charleston, West Virginia Birth Injury Attorney

What is a Birth Injury?

A birth injury refers to a type of injury that occurs during pregnancy or the process of labor and delivery, resulting in harm or damage to the newborn infant or the mother. When birth injuries are caused by medical negligence or malpractice, it means that they were preventable and the result of a healthcare provider’s failure to provide a reasonable standard of care. As a result, the victim or their family have the right to take legal action.  

Types of Birth Injuries Our Attorneys Handle

Common types of preventable birth injuries include:

Cerebral Palsy

Cerebral palsy is a neurological disorder. It can result in motor impairments, muscle stiffness or weakness, coordination difficulties, and other physical and cognitive challenges. Cerebral palsy can be caused by medical negligence resulting in damage to the developing brain.

Erb’s Palsy

Erb’s palsy, also known as brachial plexus palsy, occurs when the nerves in the baby’s upper arm are damaged during delivery. This can lead to weakness or paralysis in the affected arm. Our Charleston, WV Erb’s palsy attorney can help you evaluate your legal options if your child was impacted by this birth injury.

Birth Hypoxia

Birth hypoxia happens when the baby’s brain doesn’t receive sufficient oxygen during delivery. It can cause brain damage and result in conditions such as intellectual disabilities, developmental delays, and other cognitive impairments.

Bone Fractures

Sometimes, the infant may experience fractures, particularly to the collarbone or long bones, during a difficult or complicated delivery. These fractures typically heal with time, but proper medical attention is necessary to ensure appropriate healing.

Facial Nerve Injuries

In some cases, the baby’s facial nerves can sustain damage during birth, leading to facial paralysis or weakness.

Uterine Rupture

Uterine rupture is a rare but severe complication where the uterus tears or ruptures during labor, potentially causing life-threatening bleeding and harm to the mother and baby. Adequate monitoring, timely recognition, and appropriate management, including C-section when necessary, can help prevent one from occurring.

Anesthesia-Related Injuries

Anesthesia is typically used in an emergency C-section or when bleeding occurs. Errors in administering anesthesia, such as incorrect dosages or inadequate monitoring, can lead to complications, including respiratory distress, allergic reactions, and nerve or brain damage.

Common Causes of Birth Injuries in Charleston

Negligence responsible for birth injuries can take various forms, such as:

Failure to Monitor

Healthcare providers have a responsibility to monitor the baby’s well-being during pregnancy and labor and to promptly respond to signs of fetal distress, such as abnormal heart rate patterns. Failure to recognize and appropriately address fetal distress can lead to oxygen deprivation and subsequent birth injuries.

Failure to Monitor Maternal Health Conditions

Certain maternal health conditions, such as preeclampsia or gestational diabetes, require careful monitoring and management during pregnancy and childbirth. Failure to appropriately monitor and address these conditions can increase the risk of birth injuries.

Delayed or Improper Response

Prompt action is critical when complications arise during pregnancy or childbirth. For example, if there are issues with the umbilical cord, placenta, or maternal bleeding, a delay or inadequate response by healthcare professionals can result in harm to the baby or mother.

Misuse of Medical Instruments

Misuse or improper application of tools such as forceps or vacuum extractors during assisted deliveries can cause injuries, such as nerve damage, fractures, or trauma to the baby’s head, neck, or shoulders.

Medication Errors

Administering incorrect medications, improper dosages, or failing to consider potential risks or allergies can adversely affect the mother or baby.

Failure to Perform Timely Cesarean Section (C-Section)

In situations where a C-section is medically indicated due to complications or risks, a delay or failure to perform the procedure in a timely manner can result in birth injuries, particularly if there are issues with fetal distress or oxygen deprivation.

Inadequate Staffing or Supervision

Insufficient staffing levels or inadequate supervision of medical professionals in labor and delivery settings can contribute to preventable birth injuries. 

Lack of Communication or Coordination

Failures in communication or coordination among healthcare providers can lead to errors, delays, or missed opportunities to prevent birth injuries.

Statute of Limitations for a West Virginia Birth Injury Claim

Generally, the statute of limitations in West Virginia for medical malpractice, including birth injury cases, is two years under West Virginia Code § 55-7B-4. The two years begin from the date the injury occurred or the date when it should have reasonably been discovered, but it must be within 10 years of when the malpractice allegedly took place. However, for claims being brought on behalf of a minor under ten years old, the statute of limitations is two years within the date of the injury or before the minor’s twelfth birthday, whichever comes later. Failure to file a claim within the appropriate time frame can result in losing your right to seek legal recourse. 

What Are The Benefits of Hiring a Charleston, WV Birth Injury Attorney?

Hiring a birth injury lawyer offers numerous benefits to families facing the challenges of a birth-related injury. First and foremost, a birth injury lawyer can offer emotional support and guidance throughout the legal process, providing families with peace of mind knowing their legal rights are protected while they focus on their child’s care. They possess extensive experience in this complex area of law, allowing them to navigate the intricate medical and legal aspects of the case with confidence. An attorney can objectively evaluate your case and its value, develop a strategic plan, and advocate fiercely for your rights. They will conduct a thorough investigation, work with medical experts, and build a strong case based on evidence and legal principles. Thereby maximizing the chances of obtaining fair compensation for your child’s injuries. 

Contact Our Charleston, WV Birth Injury Attorney Today

We are dedicated to protecting the rights of families and ensuring a secure future for children affected by birth injuries. Call Tiano O’Dell PLLC at (681) 641-2280 or send us a message online to arrange a free consultation with our Charleston, WV birth injury attorney today.