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Birth Injury and Wrongful Death

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Resources for Birth Injuries and Wrongful Death in WV

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Where to Turn After a Birth Injury or Wrongful Death

A new baby is an exciting time for all families. You spend months or even years preparing and making sure everything is set and ready to go. One thing that most parents do not plan for is a negligent doctor or medical team who can cause injury or wrongful death to the infant or mother during delivery or their hospital stay.

Unfortunately, many families suffer a wrongful death after their child or the mother sustains a birth injury. While some medical issues occur regardless of external sources, there are ways that medical staff can provoke an injury. Not ordering a C-section in time, using the wrong medication or overmedicating, using the wrong tools, and other negligent acts can harm both the infant and the mother. If this happens to your family, do not fight alone.


Common Birth Injuries and Causes That Families Face

Birth Injury Guide reported in 2015 that 28,000 babies are born with an injury in the United States every year. These injuries can stem from many different things, both preventable and unpreventable. Some causes can include delayed labor, oxygen deprivation, blunt force trauma, and negligent medical staff. Each of these, alone or together, can prove fatal for infants and even mothers.

There are a handful of common problems that surface after negligent medical care. Some of these may include:

  • Brain Damage
  • Brachial Plexus/Erb’s Palsy
  • Cerebral Palsy
  • Fetal Distress
  • Forceps Injuries


As you may be thinking, all of these birth injuries can cause lifelong health problems, deformities, and death. With immediate treatment, doctors may be able to catch any birth injuries or notice other defects. It’s important to remember that not all of the above medical conditions and other problems stem from negligence, so it is crucial to pay attention to the treatment and document any mistakes if possible.

The Statute of Limitations for Birth Injuries is Two Years – Act Fast


Signs and Symptoms of Birth Injuries

Not all birth injuries will be immediately apparent. Some brain damage, fractures, and cognitive or physical issues may not present themselves until the infant is a few months old. The Birth Injury Help Center provides a guide to noticing birth injuries, some signs including:

Signs Under 6 Months Old

  • Feeding Problems
  • Stiffness
  • Arched back when crying
  • Seizures

Signs Over 6 Months Old

  • Unable to roll over on their own
  • Poor posture
  • Unable to sit up
  • Cannot move hands/bring hands to face


Not all infants and children will experience the same signs and symptoms. If you notice any unusual signs with your infant after birth or months later, be sure to seek proper medical attention.


Can I Treat My Child’s Birth Injury?

Depending on the birth injury, there may be some treatments available to help the child manage their injury or heal. Treatments vary from case to case, and parents must consult with their doctor before deciding on the proper treatments for their child. The Birth Injury Guide gives parents a great resource for looking into treatments. Common treatments associated with birth injuries can include:

Surgery. Surgery can treat a variety of injuries, including fractures and hemorrhaging.

Physical therapy. Physical therapy can help to regain strength in affected limbs, help coordination, improve flexibility, and more. Infants experiencing fractures, spinal problems, and other physical injuries may benefit.

Oxygen therapy. Oxygen treatments can help to treat brain damage and other issues that come from lack of oxygen during birth.

Occupational therapy. This treatment can help to treat fine motor skills, learning disabilities, and help to manage cognitive, physical, or sensory disabilities.

Medications. Medications will depend on the birth injury or disability. Some medications may include anti-inflammatories, anti-seizure, stool softeners, and others.

While online sources can provide great information, taking the advice of your child’s doctor is your best choice at treating the long term effects of a birth injury. When looking into medical treatments, keep your personal injury attorney in mind. Working together, attorney Bailey can work with you to fight for proper medical care while holding the responsible parties accountable for their actions.


Remembering Care for Mothers After a Birth Injury

Not only will a personal injury attorney aid in the success of your case, but there are other options for personal growth and acceptance. Look into local support groups or counseling options to connect with others who have experienced similar issues and form a community. The Brain Injury Association of America provides resources for finding brain damage or injury support groups in your state.

Bailey Legal Services, PLLC, in Barboursville, WV, works with families throughout West Virginia to hold negligent medical staff accountable for birth injury and wrongful death. This is a stressful, heart-wrenching time for parents, and it can be difficult to make the right decisions in or out of court. Trust experienced personal injury attorney Michael S. Bailey to work with you to provide the proper legal support and fight for your right to compensation for pain, suffering, medical bills, and other expenses.


Attorney Bailey Can Help Your Family After a Birth Injury

Preventable mistakes can cause lifelong injuries, pain, and death – which is where Bailey Legal Services, PLLC, comes in. Attorney Michael Bailey in Barboursville, WV, has years of experience in handling birth injury and wrongful death claims throughout the state. While seeking emotional support from other sources and groups, focus your fight on pursuing legal action. We understand that no monetary value can change your experience, but it can make future expenses much more obtainable, and prevent this from happening to others. Attorney Bailey can handle the stresses of court, showing evidence, and holding the responsible medical staff accountable. Schedule your consultation today.


For more information on birth injuries and wrongful death matters in Barboursville, WV, call Bailey Legal Services, PLLC, at (304) 736-0801. For any future updates, follow us on Facebook and check out our site.