Child Birth Injury in West Virginia

Becoming a parent changes many people in ways that you can’t imagine; until you’re there. Looking into those tiny faces somehow makes the world seem smaller and bigger at the same time.

However, this moment can seem crushing if your newborn child receives injury due to medical malpractice or negligence of the medical staff in West Virginia. If you have experienced a scenario such as this, you may want to contact an experienced West Virginia attorney to help fight for your family.

What Causes a Childbirth Injury?

While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in West Virginia.

During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the West Virginia medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.

To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.

The West Virginia Record states that Laken Robinett is suing the Carilion medical center for deviating from standard treatment for her infant son after a difficult delivery. The suit claims that the doctors failed to culture the mother’s placenta and amniotic fluid, and this led to negligent treatment regimen for her son. The child then developed both E. coli infections and meningitis.

Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in West Virginia. One of the following examples may apply to your circumstances.

• Improper Vacuum Usage

Sometimes a mother has difficulties delivering a baby through the birth canal. West Virginia medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.

• Improper Use of Forceps

There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb. Attending medical professionals may use forceps to help move it through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.

Still, the medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.

• Hypoxia

Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.

This condition often occurs due to a damaged or infected placenta. Thankfully, most West Virginia medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.

However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.

• Cesarean Section Delay

An emergency C-section may be necessary due to an infant fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.

In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.

In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.

What Are Some Other Possible Causes of Childbirth Injury in West Virginia?

Other types of medical neglect that could result in injuries to the child or the birth mother include:

• Failing to perform sufficient prenatal testing
• Not using labor-inducing drugs timely
• Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
• Not addressing changes in the baby’s condition

Placental Abruption

According to the March of Dimes, if placental abruption occurs the mother can experience intense pain and serious bleeding. Placental abruption is a very serious disorder that can occur during pregnancy. If this occurs, the placenta can detach from the uterine wall before birth. This can lead to oxygen deprivation for the child.

Cephalopelvic Disproportion

The National Library of Medicine states that cephalopelvic disproportion occurs when there is a mismatched difference between the size of a child’s head, and the size of the mother’s pelvis. When this occurs, it creates an obvious obstruction resulting in a labor that fails to progress. If left untreated, this endangers both the life of the mother and the child.

Why Should You Take Action for Your Child Birth Injury?

It is essential that any parent whose child has been diagnosed with a birth injury in West Virginia, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.

WVNews sadly records that the infant mortality rate in West Virginia far exceeds the national average. West Virginia has the highest smoking rate in the nation, and these problems almost always contribute to preterm births. As it stands now, the infant mortality rate is 6.31 deaths per every 1,000 live births.

Work With an Experienced Local Child Birth Injury Lawyer in West Virginia

If you expect birth injury medical malpractice in West Virginia, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across West Virginia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!