Labor and delivery errors can cause serious harm to a baby, mother, or both. If you believe negligent medical care caused your injury, call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation.
Why Choose Us?
- We listen to what your family experienced and focus on the medical decisions that caused harm.
- We have earned the trust of clients, families, and referring attorneys through years of dedicated injury representation.
- We build each case with expert review, detailed preparation, and a focus on you and your child’s long-term needs.
Our Results
- $3 million settlement for a birth injury medical malpractice case.
- $4.98 million verdict for a medical malpractice case involving a missed diagnosis in the emergency room.
- $10 million settlement for a brain injury case involving a college student.
How Labor and Delivery Errors Happen
During labor, doctors and nurses must monitor both mother and baby closely. Small delays can become life-changing when fetal distress, maternal complications, or delivery emergencies are not addressed quickly. Common labor and delivery errors include:
- Failing to monitor fetal heart rate changes.
- Ignoring signs of fetal distress.
- Delaying an emergency cesarean section.
- Misusing forceps or vacuum extractors.
- Failing to manage shoulder dystocia.
- Overlooking maternal bleeding, infection, or blood pressure problems.
- Failing to respond to umbilical cord compression or prolapse.
These errors can cause injuries that require years of medical care, therapy, and support.
Injuries Linked to Delivery Mistakes
Labor and delivery mistakes can affect a child’s health, development, and independence. Potential injuries include:
- Hypoxic-ischemic encephalopathy.
- Brachial plexus injuries.
- Skull fractures or brain bleeds.
- Seizure disorders.
- Developmental delays.
- Maternal hemorrhage, infection, or organ injury.
Some injuries appear immediately, while others become clear when a child misses developmental milestones.
West Virginia Laws on Labor and Delivery Errors
West Virginia law allows families to bring medical malpractice claims when negligent care causes injury or death.
Right to a Claim
Under West Virginia Code §55-7B-3, a claim requires proof that the provider failed to use the “care, skill and learning” expected of a reasonably prudent health care provider and that the failure was a “proximate cause” of the injury or death.
Certificate of Merit
West Virginia also requires a certificate of merit before a medical malpractice case is pursued. Under West Virginia Code §55-7B-6, “a separate screening certificate of merit” must generally be provided for each health care provider named in the claim. A screening certificate of merit is a document from a qualified medical expert stating that the claim has medical support.
Statute of Limitations
Under West Virginia Code §55-7B-4, most medical injury claims must be filed “within two years of the date of such injury or death,” or discovery of the injury.
Why Hiring a Lawyer Is Critical in Labor and Delivery Error Cases
Labor and delivery error cases depend on records that families usually cannot interpret alone, including fetal monitoring strips, delivery notes, medication records, and neonatal records. A Charleston medical malpractice lawyer can review the full timeline, work with medical experts, identify every responsible provider, calculate long-term care needs, negotiate with insurers, and prepare the case for trial if needed.
By taking on the legal process, an attorney can reduce the stress of dealing with hospitals, deadlines, experts, and insurance companies so your family can focus on care, healing, and planning for the future.
Contact Us Today
Call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation with a trusted Charleston, WV labor and delivery error lawyer.
