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Birth Injury Lawsuits

Birth Injuries Can Happen

Having a child or grandchild injured during birth can be extremely frightening and stressful. Sometimes, these types of injuries are not severe. However, there can be birthing incidents that seriously harm a child. A significant birth injury can impact a child and their family (emotionally, physically, mentally, and financially) for years to come or even for the child’s entire life.

Parents whose babies have suffered birth injuries often have a compelling and understandable need to know what caused their child’s injury. For the devastated family, finding out what happened may seem more important than financial factors. However, medical bills and the enormous costs of a birth injury care can stack up quickly.

James F. Humphreys & Associates, L.C. has the resources necessary to develop a strong birth injury lawsuit. We understand that no amount of compensation can make up for the pain and loss you and your family have suffered. However, it’s important that you have what you need to pay for your child’s present and future expenses. There will be high expenses after this type of injury. To cover your medical bills and other financial costs, you and your family will need compensation from the party or parties who caused your child’s birth injury.

If You Suspect Your Child has a Birth Injury, Take Action Now

If you suspect something serious has happened during your child or grandchild’s birth, it’s important to act immediately. Your child’s birth injury may be more serious than their medical providers believed or indicated. The sooner you act, the sooner you can begin getting them the treatment they need for their birth injury.

A child that has sustained a birth injury may require extensive and, in some cases, lifelong care and services to address their needs. Therefore, you not only need to take action to get your child medical care, but you also need to contact a knowledgeable and experienced Charleston birth injury lawyer as soon as possible. Your birth injury attorney can help you assess the circumstances and determine your next steps.

Talk with an Experienced Charleston Birth Injury Attorney

Do you suspect that child or grandchild suffered an injury during the birthing process due to the negligence of a doctor or healthcare professional? If you have concerns about your child’s birth injury, it is crucial that you get in touch with an experienced birth injury attorney who can advocate for you and your family.

The dedicated Charleston birth injury lawyers of James F. Humphreys & Associates, L.C., have the experience needed to help parents whose child has suffered fetal death, hypoxia (lack of oxygen), cerebral palsy, brain injury, or other serious injuries that may have occurred during the prenatal period, labor, or delivery.

At James F. Humphrey’s & Associates, L.C., we have the knowledge and experience to help you navigate the legal process and get the compensation your child needs for their birth injury care. We fight for those who can’t fight for themselves and are here to help. Jim Humphreys and his team are ready to provide you with the advocacy you need for your family. Contact us today to schedule a free initial consultation.

Did My Child Suffer a Birth Injury?

Sometimes parents are reluctant to ask questions about their child’s possible birth injury. This may be because they are used to trusting and deferring to doctors and medical professionals. It may also be due to the parents not being sure about the extent of their child’s birth injury. Whatever the case may be, it’s important to be able to answer the question: Did my child suffer a birth injury?

Every birth is different, but there may be signs that negligence or an accident occurred during your child’s birthing process. As a parent or grandparent, you need to know if something went wrong during the birth. If you are concerned, it may be with good reason. However, it’s hard to remain objective when it comes to your child’s health and well-being. The dedicated and experienced Charleston birth injury lawyers at James F. Humphreys & Associates, L.C., understand how difficult this situation can be and here to help. Let us help you get the answers you need for your family. Contact us today to schedule a free case consultation.

When do Birth Injuries Occur?

In a perfect world, every birth would go as planned, and birth injuries would not exist. But sadly, there can be times when parents thought everything was fine during the birth, only to discover later there was an accident or negligence that led to a birth injury.

Birth injuries may be more common in some situations, such as when:

  • Labor has gone on for an excessive amount of time
  • Labor is more complicated than usual
  • The baby is in a breech position (not head first in the birth canal)
  • There is a premature birth
  • The size or shape of the mother’s anatomy makes delivery more difficult
  • Forceps are used to deliver the baby
  • Vacuum force is used to deliver the baby
  • The mother has health issues
  • The baby is delivered by cesarean (C-section)
  • When unqualified personal and or physicians perform duties outside of their professional training

What Causes Birth Injuries?

When a baby is born, parents have to trust that the medical professionals attending to the birth are competent and capable. Although many doctors, nurse practitioners, and nurses have delivery experience, mistakes and negligence can happen.

Fetal distress refers to any situation where the fetus appears unhealthy or in danger. If fetal distress is not diagnosed and treated in time, the baby can suffer serious injuries. Many cases of fetal distress result in brain damage caused by a lack of oxygen to the fetus during the birthing process. Sadly, the result can be severe lifelong medical problems or the infant’s death.

Oxygen deficiency can be caused by events such as the umbilical cord wrapping around the baby’s neck, a twisted or compressed umbilical cord, or the child remaining in the birth canal for too long. If the fetus does not receive enough oxygen, it can suffer brain damage in minutes.

Brain damage to a fetus can result in severe developmental disabilities such as speech problems, learning disabilities, and motor skill problems. In addition, cerebral palsy, seizures, and epilepsy can also be caused by brain damage resulting from oxygen deficiency.

The rural make-up of West Virginia can often be tough on recruiting the most qualified labor and delivery specialists. For this reason, there may be a higher probability that less experienced or even inexperienced physicians are overseeing the labor and delivery process. Jim Humphreys and his team have over 40 year’s experience helping families who are victims of birth injuries.

Some of the causes of birth injuries include but are not limited to:

  • Oxygen deprivation during labor and delivery (perinatal hypoxia)
  • Improper medication administration
  • Untreated Preeclampsia
  • Failure to diagnose and treat a prenatal condition
  • Improper labor induction
  • Not performing a C-section promptly
  • Excessive force during removal
  • Premature cord clamping
  • Improper use of forceps
  • Failure to identify fetal distress before or during birth
  • Improper epidural administration
  • Improper use of vacuum
  • Failure to monitor the fetus
  • Failure to perform a C-section
  • C-section errors
  • Physician error
  • Vaginal birth after C-section (VBAC) injuries
  • Failure to call a specialist for complex births
  • Failure to diagnose gestational diabetes

If these or other errors caused a birth injury to you or your child, you may be entitled to compensation for the harm. When medical malpractice causes an injury or death, you may hold the individual party and the facility liable for your losses. We will review your case to determine whether malpractice was responsible for your child’s injury.

Signs of a Possible Birth Injury

Often, there are indications of a possible injury immediately after a child’s birth. Although the signs below are not conclusive that a birth injury has occurred, they may signal that something could be wrong. If your baby has exhibited any of these symptoms or has any of these conditions, tell your doctor or care provider immediately.

Possible birth injuries to look for immediately after delivery:

  • Seizures
  • Skull fractures
  • Difficulty suckling, eating, or swallowing
  • Arched back while crying
  • High-pitched crying, grunting, or overall fussiness
  • Low oxygen levels
  • Lowered heart rate
  • Sensitivity to light
  • Excessive drooling
  • Hand curled into a claw-like shape
  • Weak or absent reflexes
  • Muscle stiffness or looseness

Developmental Signs of Birth Injury

Sometimes parents may not recognize their child’s birth injury until later on during their development. Some birth injury symptoms may become more evident when a child misses certain developmental milestones or exhibits unusual behaviors.

If your child had not reached the following milestones, it may be a sign that they suffered a birth injury:

  • Crawling
  • Sitting up on their own at the expected age
  • Walking
  • Grasping objects
  • Feeding themselves
  • Dressing themselves
  • Talking

A child who has suffered a birth injury may also have severe sleep problems, extreme light sensitivity, be excessively tired, or have pronounced neuromuscular problems during their development.

If you notice any of these signs or symptoms, contact your child’s pediatrician or medical provider immediately to have them assessed for a possible birth injury.

Types of Birth Injuries

Birth injuries can vary according to the circumstances of the birth. Some common types of birth injuries include but are not limited to:

  • Cerebral Palsy
  • Facial Paralysis
  • Erb’s Palsy
  • Birth Asphyxia 

Birth Injury Care

Birth injuries can cost parents hundreds of thousands of dollars in medical bills and have lifetime consequences. In addition, certain injuries can lead to disorders such as Cerebral palsy, Erb’s palsy, or shoulder dystocia that will limit a child’s development and capabilities.

Depending on the severity of the fetal trauma, the child may need help and accommodations throughout childhood and possibly into adulthood, such as:

  • Extensive testing and evaluations
  • Medical treatment
  • Therapy
  • Adaptive equipment
  • Special education
  • Personal assistance

It may not be possible to fully assess the projected extent of a child’s disability for some time. Expert opinions from both medical and economic experts are essential in establishing fair compensation for the child and their family after a birth injury. James F. Humphreys & Associates, L.C. has a national network of experts we can call on to help us properly estimate the cost of your child’s birth injuries.

Getting Help for You and Your Family

When a child suffers a birth injury, the impact can be devasting. Some injuries may be treatable, while others could be so severe that they will require extensive medical care for life. A family faced with this situation may be overwhelmed and unsure how to get what they need for their child’s medical care and future expenses. If you believe your child was injured during birth, it’s vital to get the information you need now. The Charleston birth injury lawyers of James F. Humphreys & Associates, L.C. are committed to helping you and your family when you need it most.

When you are concerned that your child has suffered a birth injury, it can be a frightening and uncertain time. Jim Humphreys and his team of experienced birth injury attorneys understand and are committed to helping you when you need it most. Don’t wait to get the help you need for your family. Call today to schedule a consultation to discuss your case and how James F. Humphreys & Associates, L.C. can help you get the compensation you need for your child’s birth injury.