Birth Injury Attorney Morgantown, WV
The birth of a child is proud moment for parents. Sadly, that moment can take an unfortunate turn and jeopardize your baby’s life and future. Complications can naturally arise during birth, but some are preventable and happen because of a doctor’s negligence or a mistake made by medical staff. Whether the injury happened during birth or prenatal care, if negligence was a factor, you should consult a birth injury attorney.
Can a Birth Injury Be Prevented?
Some birth injuries are very hard to avoid even when the mother and child are under the best possible medical care. In other situations, a birth injury is preventable. This is why it is important to consult a birth injury attorney as soon as possible to learn about your legal options. In general, a birth injury is a type of medical malpractice, which falls under personal injury law. Determining whether or not a birth injury could have been prevented will largely depend on whether a certain standard of care was met by the medical staff. This standard of care refers to the skill and service that any reasonable professional with the same medical background and experience would offer. A birth injury attorney in Morgantown, WV might consider questions such as:
- Would another medical professional have made the same decision?
- Were there any unreasonable mistakes?
- Could something have been avoided?
- Was the birth injury sudden and unpredictable?
Before the birth injury can be considered preventable, evidence must be gathered and evaluated by a lawyer and medical experts.
Common Symptoms of a Birth Injury
There are a wide range of birth injuries. Some are immediately noticeable but others do not manifest themselves for some time. An infant who displays any of the following symptoms could have a birth injury:
- Cerebral palsy
- Brachial plexus
- Discoloration from lack of oxygen
- Irregular heartbeat
- Breathing problems
- Feeding problems
Although medical advancements has allowed for childbirth to be relatively safe, there is a potential for injuries to occur. Some of the reasons for this include:
- Failing to diagnose a birth defect that could have been corrected with treatment or surgery
- Failing to diagnose an ectopic pregnancy
- Failing to diagnose severe preeclampsia or HELLP syndrome
- Failing to diagnose any other condition of the mother
- Not performing a cesarean section when it would have been best for the mother or infant
- Disregarding fetal distress
- Medication errors during the delivery process
- Using unapproved treatments (rare)
- Faulty medical equipment
Proving a Claim
In order to receive compensation, a Morgantown, WV birth injury attorney will need to prove fault beyond a reasonable doubt. This is not always easy, which is why it is important to retain a lawyer who specifically handles personal injury claims. Apart from turning to expert witnesses and any physical evidence, a birth injury attorney will need to:
- Demonstrate the medical staff, equipment manufacturer, or pharmaceutical company owed a certain level of care to the mother and infant.
- The defending party failed to meet this level of care which would have been made by another professional in the same industry, and under the same circumstances.
- The actions of the defendant resulted in harm to the mother and/or infant.
- Had the actions not occurred, the mother and/or infant would not have been injured.
All of this requires ample time which means the sooner you contact a lawyer, the better. To schedule a consultation with a birth injury attorney Morgantown, WV families trust, call Adams Legal Group, PLLC