Each year, parents across West Virginia have to face a situation that they would never want or expect to encounter: birth injuries that occur during labor or delivery. The result of the joyful and life-altering event may mean permanent health issues for the little ones as well as a long healthcare battle for the family. Below, we discuss the causes, consequences, and legal options available to families who have faced such challenges.  

Birth Injuries Defined

Birth injuries can be defined as injuries that a newborn baby sustains during labor or delivery. Such injuries range from relatively mild conditions, such as bruises or temporary nerve damage, to more serious issues, such as cerebral palsy, brain damage, and more. Although some injuries are unavoidable due to the nature of childbirth, others are the result of preventable errors.

Causes of Birth Injuries

Birth injuries can be the result of a wide array of circumstances and causes. This is the result of the complexity of the medical process, the sheer number of variables in the human body, and – in some cases – the simple mistakes made by medical personnel. 

The most common causes of birth injury include:

• Extended labor
• Lack of oxygen (hypoxia)
• Improper application of medical tools such as forceps or vacuum extraction
• Delaying the C-section
• Errors in the management of known issues or complications, such as preeclampsia, gestational diabetes, improper fetal positioning, etc.

Impact of Birth Injuries

Birth injuries, first and foremost, affect the newborn child. However, parents whose children suffered a birth injury may also experience a high level of psychological distress. Feelings of guilt, helplessness, and anger may become prevalent in the absence of therapy and other types of interventions. This is especially true if the injury could have been prevented.  

Birth injuries also have a broader effect on the West Virginia community, particularly on the state’s healthcare system. After all, area healthcare facilities are generally trusted by the community to provide competent care to all in need of medical assistance — which is especially crucial for expecting mothers. However, if physicians and/or other medical personnel fail to comply with well-established rules and best practices, some soon-to-be mothers may end up experiencing birth injuries. This can ultimately lead to an erosion of trust in the healthcare system overall.

Remedies for Birth Injuries in West Virginia

Parents of children who have suffered birth injuries might seek answers and accountability via the legal system. West Virginia, like other states in the US, has a body of laws and regulations that apply to medical malpractice claims and birth injury cases. 

Below is an overview of medical malpractice claims in West Virginia. 

Medical Malpractice Claims

A medical malpractice claim is a civil action brought by a patient, or in the case of a birth injury, by the family, against a healthcare provider. The healthcare provider is ultimately accused of negligence or professional incompetence that resulted in the patient’s injury or harm. In West Virginia, filing a medical malpractice claim in the case of birth injury means demonstrating the following: 

• Proof of the medical personnel’s negligence during labor or delivery
• Proof of causation, i.e., the injury would not have happened were it not for the negligence
• Evidence of financial, emotional, and physical damages resulting from the injury

Caps on Damages

If medical malpractice is successfully proven, you should be aware that West Virginia has a cap on the amount of non-economic damages (i.e., pain and suffering) that harmed individuals can collect. The cap is currently set at $250,000 per occurrence, or $500,000 in the case of catastrophic injuries.

Role of Expert Witnesses

Expert witnesses, particularly in medical malpractice claims, are often necessary to prove that the standard of care for the patient has not been met. These witnesses are often healthcare professionals who are called to testify in court about their specialized knowledge and understanding of the subject matter of the claim.

Preventing Birth Injuries

Preventing birth injuries from happening is the responsibility of all parties involved: healthcare providers, expectant mothers, and the healthcare system itself. Below, we offer some recommendations for preventing birth injuries.

Responsibilities of Healthcare Providers

• Healthcare providers must follow best practices and generally accepted guidelines for prenatal care, labor, and delivery.
• Continuously train the staff on the latest medical techniques and technologies to ensure their readiness for high-risk situations.
• Communicate effectively with expectant families about the process, likely scenarios, and other relevant information.

Precautions for Expectant Parents

Expectant parents should also take the necessary precautions to ensure the well-being of both the mother and the baby. Consider creating a written birth plan that should be shared with your healthcare provider in advance. If symptoms and complications are addressed right away, this can help better prepare both parties for the process and increase the chances of a safe delivery.

Systemic Solutions

From a systemic perspective, birth injuries can be prevented if hospitals and clinics invest in the latest medical equipment, improve the staff-to-patient ratio, and conduct audits of their labor and delivery departments to identify areas for improvement in patient safety.

Work with a Knowledgeable West Virginia Medical Malpractice Lawyer Today

Birth injuries are a personal and sensitive issue that affects many West Virginia families each year. The causes and effects of the issue are numerous and, in many cases, complex. Although litigation cannot fully compensate for the negative effects of birth injuries, it can facilitate the process of seeking and obtaining accountability for families in West Virginia. Raising awareness about birth injuries is a critical component to ensure that each birth is a reason for celebration, not a tragedy. Contact our office to discuss your options under the law today.