Welcoming a child should be one of the happiest moments in a family’s life. Unfortunately, when medical mistakes happen during labor or delivery, that joy can quickly turn into worry and heartbreak.
Birth injuries often leave families facing long-term medical challenges, financial strain, and emotional distress. When these injuries result from negligence, working with an experienced Charleston birth injury lawyer can help families seek justice and the resources needed to support their child.
What Are Birth Injuries?
Birth injuries are incredibly serious in nature and often lead to lifelong consequences and debilitating impairments. They can occur before a mother gives birth due to improper fetal monitoring or during the process of childbirth.
Most birth injuries are sustained during the birthing process and occur when there are difficulties or trauma during childbirth. In most cases, childbirth-related trauma can be prevented with a skilled medical team and proper prenatal care. These injuries are the 4th-leading cause of death among infants, according to NCHstats.
The medical malpractice lawyers at DiPiero Simmons McGinley & Bastress, PLLC, believe that our children deserve better.
No child should suffer lifelong consequences due to a poor decision made by a doctor or a careless team of medical professionals who acted negligently. Our law firm can guide you through the judicial process so your family can recover fair compensation for your child’s injuries.
Common Causes of Birth Injuries in West Virginia
A 2025 report in The National Library of Medicine reported that the most frequently affected areas include the head, neck, and shoulders, and can range from minor to severe injuries.
Birth injuries are more common in the United States and West Virginia than many people would like to believe, but they are still considered rare, as they tend to occur in roughly 6-8 births out of every 1,000.
Despite their rarity, no expecting mother is completely safe from the risks.
As noted above, many causes of childbirth injuries are tied to negligence or malpractice. Conditions that may be associated with a difficult birth or delivery room injury include, but are not limited to, the following:
- Large babies
- Prematurity
- Rushing a delivery
- Cephalopelvic disproportion: A condition where the size and shape of the pelvis of the mother is not adequate for the baby to be born vaginally
- Abnormal birthing presentations, such as breech
- Oxygen deprivation, often referred to as hypoxic-ischemic encephalopathy
- Dystocia: A condition where a baby’s shoulder or shoulders get caught on the mother’s pelvic bone
- Prolonged labor
- Poor fetal monitoring
- Delaying a cesarean section for too long
- Failing to respond to a bleed quickly enough
- Failing to get a complete medical history from the mother
- Improperly using delivery tools such as forceps
- Improper training
- Hospital understaffing
Common Types of Birth Injuries
Common birth injuries seen in West Virginia hospitals include the following conditions, complications, and ailments:
- Caput succedaneum: A severe swelling of the soft tissues of the newborn’s scalp that develops as the baby travels through the birth canal.
- Subconjunctival hemorrhage: The breakage of small blood vessels in the eyes of an infant.
- Erb’s palsy/Brachial palsy: This occurs when the brachial plexus (the group of nerves that travels to the arms and hands) is injured. It is most common when there is difficulty delivering the shoulder of the baby, called shoulder dystocia.
- Fracture: The clavicle or collarbone fracture is the most common fracture during labor and delivery.
- Cerebral palsy: One of the leading causes of cerebral palsy is hypoxic-ischemic encephalopathy, a condition in which a newborn is deprived of oxygen during childbirth.
- Kernicterus: Caused by excessive bilirubin in the blood. It can cause permanent brain damage.
Symptoms of Birth Injuries
Birth trauma can be both physical and psychological trauma caused by the birthing process. It can affect the mother, child, or both.
While no two types of birth injuries are the same, there are some common signs to watch for after you bring them home and as they are developing. Many of these symptoms are signs of brain damage.
When parents are aware of the first signs of brain injury, they can potentially seek treatment options sooner.
Watch for the following symptoms of a birth injury in your newborn infant:
- Distorted facial features
- Neck stiffness
- Difficulty holding a gaze or focusing
- Seizures
- Abnormally shaped head, forehead, or spine
- Trouble sleeping
- Excessive crying or fussiness
- Difficulty eating
- Difficulty sleeping while lying down
If you notice any of the above symptoms in your growing infant or child, you should take them to the doctor as soon as possible.
Recovering Damages with a Charleston Birth Injury Lawyer
If a healthcare professional’s actions (or lack thereof) lead to preventable injuries, you may be entitled to compensation for the damages. The damages in a West Virginia birth injury lawsuit fall into several categories: economic, non-economic, and sometimes punitive.
Economic damages refer to the financial losses suffered due to the birth injury. These can include:
- Medical expenses
- Rehabilitation costs
- Future medical care
- Lost earning capacity
- Home modifications and assistive devices
Non-economic damages are intended to compensate for losses that do not have a clear monetary value. These include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
In rare cases, punitive damages may be awarded in a West Virginia birth injury lawsuit. These damages punish the responsible party for their egregious or reckless behavior.
You do want to be aware of the state’s statute of limitations. Parents have two years from the date of the injury to file a lawsuit. However, there may be exceptions, especially if the injury is not immediately apparent.
The statute may start running when the injury is discovered in these cases. Also, minors may have a longer period to file a claim. Reach out to a Charleston birth injury lawyer to learn more.
Birth Injury Frequently Asked Questions
How do I know if my child’s birth injury was caused by medical negligence?
Not all injuries result from malpractice. A lawyer works with medical experts to review records and determine whether healthcare providers failed to meet the standard of care.
What types of birth injuries could lead to a legal claim?
Cases may involve cerebral palsy, Erb’s palsy, brain damage from oxygen deprivation, broken bones, or developmental delays linked to errors during labor or delivery.
How long do I have to file a birth injury lawsuit in South Carolina?
South Carolina law limits the time to file medical malpractice claims, often within three years. An attorney can explain the specific deadlines that apply to your case.
What kind of compensation can families recover in a birth injury case?
Compensation may cover medical expenses, rehabilitation, therapy, special equipment, home modifications, and the future financial needs of the child.
How much does it cost to hire a Charleston birth injury lawyer?
Our birth injury attorneys work on a contingency fee basis, meaning you only pay if we secure compensation for your family.
Will my case go to court, or can it be settled?
Many cases are resolved through settlement negotiations, but if fair compensation isn’t offered, a lawyer may take the case to trial to pursue justice.
What evidence is needed to prove a birth injury claim?
Evidence often includes medical records, labor and delivery notes, expert testimony, and proof of the long-term effects of the injury on the child’s life.
How long does a birth injury case usually take?
The timeline varies depending on the complexity of the case, the amount of evidence needed, and whether the case goes to trial. It can take months to several years.
DiPiero Simmons McGinley & Bastress, PLLC, Can Help
If you know a child who may have suffered from a birth injury, there is no time to waste. Reach out to us.
We can represent your medical malpractice claim by consulting with our experienced Charleston birth injury lawyer. Our team is here to help birth injury victims and their families throughout the entire state of West Virginia.
Contact us today for a free consultation and evaluation of your claim.
