Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Birth injury refers to any harm or injury sustained by a newborn before, during, or shortly after the birthing process. In West Virginia, as in other states, these injuries can range from minor and temporary to severe and life-altering conditions. Common examples include cerebral palsy, brachial plexus injuries, fractures, and brain damage resulting from a lack of oxygen. Birth injury law focuses on whether medical negligence or substandard care by doctors, nurses, or hospitals caused or contributed to these injuries. If a healthcare provider's actions or omissions fall below accepted medical standards and cause harm, families may pursue compensation through a birth injury claim.
Birth injury cases are complex and emotionally charged. A qualified lawyer helps families navigate the legal system and pursue justice for injured children. Reasons to seek legal help include:
A birth injury lawyer can review medical records, consult with experts, determine if negligence occurred, and help families recover compensation for medical costs, future care, pain and suffering, and more.
West Virginia has specific legal requirements and deadlines for pursuing birth injury claims.
Understanding these local laws is essential when pursuing a birth injury claim in West Virginia.
A birth injury includes any physical harm sustained by a newborn due to medical negligence or error before, during, or after delivery. This can involve brain damage from oxygen deprivation, nerve injuries, broken bones, or other serious conditions that impact the child's health.
Medical negligence is present when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury. A qualified lawyer and medical experts can review your records to determine if negligence likely occurred.
Compensation can include medical expenses, costs for future care and therapies, loss of earning capacity, pain and suffering, emotional distress, and sometimes punitive damages.
Usually two years from the date the injury is discovered, but there are extensions for minors. It is important to consult an attorney immediately, as missing deadlines may prevent you from recovering compensation.
Many cases are settled out of court, but if a fair settlement cannot be reached, your lawyer may recommend taking the case to trial.
Liable parties may include doctors, nurses, hospitals, or other healthcare professionals involved in the labor, delivery, and immediate care of your child.
Yes, West Virginia law requires a certificate of merit from a qualified medical expert to support the claim that negligence occurred.
Most birth injury lawyers take cases on a contingency fee basis. This means you pay attorney fees only if you win compensation. Always discuss fee arrangements up front.
Medical records, witness testimony, expert medical opinions, and documentation of damages (such as bills or therapy expenses) are commonly required.
Possibly. The discovery rule may extend the time you have to file. Speak with an attorney to understand how this applies to your situation.
If you believe your child has suffered a birth injury due to medical negligence, your priority should be to obtain proper medical care and gather relevant documents, such as medical records and bills. Next, consider scheduling a consultation with a qualified birth injury lawyer who practices in West Virginia. An attorney can help you understand your rights, evaluate your case, and guide you through the legal process. Prompt action is crucial since deadlines apply. Many law firms offer free initial consultations, so do not delay in reaching out for the assistance you and your child deserve.
