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Charleston Birth Injury Lawyer

Birth injuries are among the most devastating and emotional traumas that exist, but we must talk about them because they happen and sometimes are caused by the negligence of another. If your child has recently suffered a birth injury and you are unsure of where to turn, West Law is ready to advocate for you and your family. 

Types of Birth Injuries 

There are several types of injuries that can happen during the birthing process. Some of the most common types include: 

  • Brachial plexus injuries are one of the most common types of birth traumas. The brachial plexus controls motor functions of the hand and arm. If the brachial plexus is injured – for example, if the baby’s arm is pulled on too forcefully during delivery – the child may suffer total or partial loss of use of the upper or lower arm and hand.

  • Bell’s palsy, also referred to as facial palsy, is a condition in which the nerve that controls the facial muscles is impaired. The condition is characterized by a lack of control of the facial muscles, symptoms of which may include facial droop and drooling.

  • Traumatic brain injuries, when sustained during gestation or birth, are often permanent. It’s usually due to oxygen deprivation; the longer the period of oxygen deprivation, the more severe the brain injury will likely be. 

  • Fractures, bruises, abrasions, as well as cephalohematoma, subconjunctival hemorrhaging (bursting of the blood vessels in the baby’s eyes), and scalp swelling. 

Causes of Birth Injuries in Charleston


Some birth injuries are not preventable, but many are. Sometimes it comes down to healthcare professional’s failure to act quickly and appropriately which would contribute to the chances of the child sustaining birth trauma.


Some factors that might cause birth injuries include:


  • Instrumental delivery, including the use of forceps and vacuums.

  • Failure to monitor correctly, including oxygen levels.

  • Failure to perform an emergency cesarean section if needed.

  • Applying too much force on a baby during delivery.

  • Poor communication between hospital staff, nurses, and doctors.


Liability for Birth Injuries


When a preventable birth injury occurs due to the negligence of a medical professional, the parents of the child have the right to seek damages. To recover compensation, they will have to prove the liability of the at-fault party.


The potential liable parties in a birth injury lawsuit include:

  • Doctor who failed to diagnose a condition suffered by the mother or identify a potentially dangerous birth situation.

  • Doctor who failed to diagnose a dangerous condition suffered by a fetus.

  • Drug manufacturers.

  • Nurse or hospital staff who failed to correctly document a patient’s medication history.

  • Doctor who failed to take appropriate action in an emergency, or otherwise acted without care.

  • Hospital where the doctor or nurse is employed.


If you can prove liability, then you may be able to recover damages for medical expenses, pain and suffering, future healthcare expenses for your child, loss of earning capacity, loss of enjoyment of life, and more.


How a Charleston Birth Injury Lawyer Can Help


When an injury happens during a birth, it’s not always clear and obvious what happened or if anyone is at fault. If you suspect that medical malpractice may have been the cause of your child’s birth injury, an experienced birth injury attorney can help you navigate these complicated waters.


Your attorney will confer with medical and birth injury experts who can testify as to whether the medical standard of care was breached and can help you to build a claim against any responsible parties.


Contact an Experienced Injury Lawyer Today


Caroline West is an experienced Charleston birth injury lawyer and has been fighting for the rights of the injured in Charleston for over 25 years. If you believe your baby has been injured because a medical professional failed to do their job correctly, schedule a free consultation today.

Schedule A Free Consultation Today

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