When a newborn is deprived of oxygen before, during, or just after birth, it can lead to serious conditions like cerebral palsy. If birth asphyxia results from a doctor’s negligence, a birth asphyxia lawyer in West Virginia can help you hold them accountable.
The Birth Injury Lawyers Group supports families with children who have experienced birth injuries. Our team has a proven track record, having recovered over $750 million for our clients. An experienced West Virginia birth injury lawyer from our group will gather evidence to build a strong case. Contact us for a free case evaluation.
Our West Virginia Birth Asphyxia Attorneys Fight for Justice
When your newborn is facing health challenges, you may not know how to help them. Our birth injury lawyers will support you through this difficult period. We will carefully evaluate your case and provide clear guidance on the best path forward for your family.
Attorney Robert Goldwater, the founder of our law group, has firsthand experience with the trials and triumphs of raising children with serious medical conditions. His own family has been impacted, with two of their three children being diagnosed with cerebral palsy following birth complications.
We understand the uncertainty you’re grappling with, and we will give you all the information you need. With our compassionate counsel, you can navigate this challenging journey with greater clarity and confidence.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Understanding Birth Asphyxia
Birth asphyxia (also known as perinatal asphyxia) is a serious medical condition characterized by a newborn’s insufficient oxygen supply. It can lead to serious medical conditions like cerebral palsy.
The oxygen deprivation can be either partial (hypoxia) or complete (anoxia). While perinatal asphyxia most commonly occurs during or immediately prior to delivery, it may also develop in the initial moments after birth.
Some of the most common symptoms of birth asphyxia are:
- Weak or absent reflexes
- Difficulty breathing
- Poor muscle tone
- A bluish tint to the skin
- Abnormal heart rate
- Seizures
Immediate medical intervention can address the oxygen deprivation and minimize the risk of long-term damage. Early diagnosis significantly improves the chances of a better outcome for the baby. As soon as you notice any possible red flags, seek immediate medical attention.
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Medical Negligence Can Cause Birth Asphyxia
Negligence occurs when healthcare providers fail to meet the anticipated standard of care, resulting in harm to the patient. If your child has suffered due to such negligence, you have the right to pursue legal recourse and appropriate compensation.
The following medical errors can lead to birth asphyxia:
- Improper a C-section
- Failure to monitor fetal distress
- Incorrect use of delivery instruments
- Misdiagnosis or failure to treat maternal infections
- Failure to address umbilical cord problems
- Medication errors
- Mismanagement of delivery
Preventable medical errors can lead to long-lasting consequences for the child. Affected children may experience developmental challenges and disabilities. When birth asphyxia is the result of medical negligence, parents may seek compensation through a medical malpractice lawsuit to help cover the costs of caring for their child.
However, it’s important to note that birth asphyxia can also arise from factors unrelated to medical mistakes, such as pre-existing maternal health conditions. While medical errors can certainly contribute to birth asphyxia, some causes unfortunately cannot be avoided.
"We know first-hand what you are going through."
Identifying the At-Fault Party in a Birth Asphyxia Claim
Healthcare providers have a fundamental obligation to protect the welfare of both the mother and the newborn throughout the labor and delivery process. Should they fail to fulfill this duty of care and cause harm, they can be held legally responsible for the damages caused.
The following parties could be responsible for your child’s birth asphyxia:
- Obstetricians
- Nurses
- Midwives
- Anesthesiologists
- Pediatricians
- Hospital staff
The Birth Injury Lawyers Group will investigate your case to determine the liable party for your newborn’s condition. Your lawyer will compile and leverage all relevant evidence to build a robust case against the negligent healthcare professional.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Available Damages in a Birth Injury Claim
The financial toll of newborn asphyxia can be significant for impacted families. Initial medical costs often include expenditures for emergency procedures and prolonged hospitalization in the neonatal intensive care unit (NICU).
As the child develops, ongoing expenses can mount, such as physical therapy costs. Families may also confront additional costs related to home adaptations to meet the child’s needs and potential loss of income if a parent must reduce work hours to provide the necessary care.
Compensation in a birth injury lawsuit could cover the following:
- Pain and suffering
- Medical bills
- Rehabilitation costs
- Home modification expenses
- Lost earnings
- Loss of earning potential
Our West Virginia birth asphyxia lawyers recognize the profound financial burden that caring for a child with a birth injury can place on your family. That’s why we will thoroughly document your current and anticipated future expenses.
We may also collaborate with financial experts to project the long-term costs you are likely to have as your child develops and their needs change over time. By quantifying both the immediate and long-term financial hardships, we can build a robust case to secure the maximum possible settlement.
West Virginia’s Statute of Limitations for Filing a Lawsuit
The statute of limitations sets the deadline for taking legal action against the at-fault party. In West Virginia, most medical malpractice lawsuits must be filed within two years from the date of the injury or the discovery date but no later than 10 years.
When the injured victim in a medical malpractice case is under 10 years old, the lawsuit must be filed within two years and before the victim’s 12th birthday. To ensure that all the documents are filed before the deadline, seek legal guidance immediately.
Call Our Experienced Birth Asphyxia Attorneys in West Virginia
If your child has suffered harm due to medical malpractice, you can hold the responsible parties accountable. Inadequate oxygen supply during the birthing process is a primary contributor to conditions like cerebral palsy and other severe health challenges.
By taking legal action, you may get the financial resources required for your child’s care. Contact the Birth Injury Lawyers Group to secure a more promising future for your family.
"We are committed to helping families who have suffered medical negligence."