WVA Birth Injury

Skilled West Virginia Birth Injury Attorneys Advocate for Mothers and Newborns

Serving victims of negligent birth injury in West Virginia

The injury or death of a mother or newborn during childbirth is one of the worst calamities that can befall a family. Although some tragic outcomes may be unavoidable because of congenital defects, others often result from negligent actions by medical professionals. When you need to know how and why a childbirth tragedy occurred, we fight to obtain answers for you. Paulson & Nace, PLLC, our family-owned and managed firm of West Virginia birth injury attorneys, has successfully represented victims of severe labor and birth trauma. Our lawyers have dealt with fetal skull fracture, brain damage, cerebral palsy, Erb’s palsy, and Klumpke’s palsy. We have also addressed cases involving failure to diagnose maternal disorders and infections, improper administration of drugs, and negligent postpartum care.

If you or your child suffered a birth injury because of negligent care or treatment, a West Virginia birth injury lawyer at Paulson & Nace can aggressively pursue your claim. Whether through negotiation or in the courts, we ensure the best protection of your interests and your child’s.

Types of birth injury negligence and malpractice

Some of the more common causes of negligent birth injuries include:

  • Negligent prenatal care. Sometimes a maternal injury or a fetal birth defect is the culmination of errors that occurred weeks or months before delivery. These may include errors such as failure to screen for maternal diabetes, hypertension, or infections such as Group B Strep, Hepatitis, and HIV, or prescribing a teratogenic drug. Such errors can doom a pregnancy to failure before labor even begins.
  • Labor and delivery negligence. Labor and delivery need to be closely monitored. Electronic Fetal Monitoring (EFM) is the principal means of monitoring the fetal heartbeat and maternal contractions and detecting fetal distress. Unless the caregiver responds promptly to sudden changes in fetal heart activity or maternal contractions, fetal brain damage can occur.
  • Failure to perform a Caesarean section (C-section). When signs of fetal distress are detected, the medical professional attending the patient may have to arrange a C-section immediately. Delaying the procedure may cause fetal brain injury.
  • Improper administration of drugs. Healthcare providers are responsible for the proper and timely administration of medication. For example, improper administration of Pitocin to induce labor can lead to dangerous contraction patterns. Some antibiotics, useful in treating maternal infections, can be highly dangerous to both the mother and the fetus if there is an allergic reaction. Drug allergies should always be part of the patient’s medical record.
  • Negligent use of vacuum aspirators or forceps. Instruments such as vacuum aspirators and forceps are sometimes used to help delivery when the mother cannot push, or when the fetus’ position relative to the birth canal needs to be changed. Misuse of these devices can cause severe injury to the mother, such as uterine perforation; and to the fetus, including skull fractures, brain damage, and brachial plexus nerve trauma.

While most birth injuries are evident immediately after delivery, some, such as brain injury, may not become apparent for a considerable time. In either case, prompt action is critical. Under West Virginia law, an injured party must initiate litigation within two years of the medically negligent act. If the injury is not discovered until later, the claim must be filed within two years of the date the injury was (or should have been) discovered.

Support for birth injury victims throughout West Virginia

Paulson & Nace, PLLC, our family-owned and managed law firm, is widely recognized throughout West Virginia for our comprehensive legal services to families and our aggressive advocacy for birth injury victims.  When you choose a West Virginia birth injury lawyer from our practice to represent you, you are choosing a team that values family. Please call 304-741-8079 or fill out our contact form to tell us your story in a no-obligation consultation. Our office is located at 3501 Maccorkle Ave SE, Charleston, WV, 25304.

Let our family of West Virginia birth injury attorneys help your family in its time of need.