Martinsburg Birth Injury Attorney

When you need Justice


If a doctor recently diagnosed your child with an injury, illness or condition he or she obtained during labor, delivery or shortly after birth, consult with a birth injury attorney in Martinsburg from Manchin Ferretti Injury Law about your situation. Your family may have grounds to bring a claim against one or more parties for medical malpractice in Martinsburg, West Virginia.

The last thing you might expect as a new parent is to discover that your child suffered a serious injury during birth. While some birth injuries can occur even under competent health care, many arise due to the negligence and malpractice of the attending nurse, physician, surgeon or obstetrician.

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Why Choose Us?

  • We have helped victims with cases such as birth injuries and medical malpractice in Martinsburg, West Virginia for almost 40 years.
  • We have used our knowledge and abilities to obtain millions of dollars in damages on behalf of our clients.
  • Our Martinsburg personal injury attorneys understand how much is at stake for your child during a birth injury lawsuit and will work hard to obtain maximum compensation.
  • We work on a contingency fee basis, with $0 in attorney’s fees at the end of your case if we fail to secure you a financial award.

Why Do I Need a Birth Injury Lawyer?

An injury at birth can follow your child for life. Your family may be looking at years of medical bills, therapies, lost wages, lost quality of life, and pain and suffering due to the negligence of another person. It is critical to protect your child’s future by hiring a birth injury attorney to represent your claim. Otherwise, you may settle for less than your case is worth due to insurance company bad faith tactics.

A lawyer with experience handling birth injury cases will know precisely how to manage your claim for the best odds of success. Your family could receive a settlement award or jury verdict that makes up for your past and future losses.

What are the Different Types of Birth Injuries?

A birth injury can describe any physical or cognitive damages your child sustained due to the negligence or malpractice of another person at or shortly after birth. From broken bones to permanent brain damage, your child can suffer many different injuries during a difficult birth or because of the carelessness of your physician. Regardless of your child’s diagnosis, take your case to a birth injury lawyer at Manchin Ferretti Injury Law if you suspect malpractice had something to do with causing the injury. Birth-related injuries can include:

  • Brain injuries
  • Cerebral palsy
  • Bone fractures
  • Spine injuries
  • Brachial plexus injuries
  • Shoulder dystocia
  • Undiagnosed maternal infections
  • Untreated jaundice
  • Wrongful infant or maternal death

Birth injuries can arise when a health care practitioner fails to meet his or her duties of care to an expecting mother and/or her child. Failing to diagnose a maternal condition during pregnancy, providing subpar prenatal care, failing to monitor a baby’s vital signs during delivery and lack of proper emergency response during a complicated labor are all examples of medical malpractice that could cause birth injuries. If you believe you have a birth injury claim in West Virginia, contact a birth injury attorney in Martinsburg for counsel right away.

Who Can be Held Liable for a Birth Injury?

Many medical malpractice claims and birth injury lawsuits come down to the liability of the larger health care center rather than the individual at fault. If the individual that injured your child worked for the hospital or birthing center, the facility will be vicariously liable. The center could also be liable if it contributed to the baby’s injuries, such as through lack of proper sanitation or unsafe hospital protocols. If the person that caused the birth injury was an independent contractor, however, his or her personal insurance may be the only outlet for financial recovery. Speak to a Martinsburg birth injury lawyer to find out who may be legally responsible for your child’s injuries.

Hospital Liability for Birth Injuries

It is not uncommon to discover that hospital staff members played a role in a birth injury case. This can include doctors, surgeons, nurses, or any other medical professional that took part in the birthing process of the child. Any negligent party whose actions before, during, or right after the delivery caused harm to the child could be held accountable.

However, the hospital that these medical professionals work at could also be held liable for the injury. Often, hospitals can be held vicariously liable for the actions of those in their employ. Medical facilities and hospitals have a duty of care to hire trained medical professionals who can provide an adequate standard of care. Hospitals should verify that their staff members have the appropriate credentials, education, and training to provide the care that meets industry standards.

Additionally, hospitals and medical facilities have a responsibility to respond to issues of any medical provider who provides inadequate care to patients. Unfortunately, some hospitals continue to allow careless or negligent medical professionals to operate within their compounds.

Any medical malpractice case revolving around a birth injury will need to include an investigation into the practices of the hospital or medical facility where the incident occurred. It may be possible to hold the hospital responsible for what happened, along with the alleged negligent medical provider.

What Damages Can Be Recovered in a Birth Injury Case?

There may be various types of damages that parents can recover in the aftermath of their child sustaining a birth injury caused by the negligent actions of a medical professional. This includes both economic and non-economic damages, such as the following:

  • Complete coverage of medical expenses related to the birth injury
  • Lost wages of a parent if they cannot work while they care for their child
  • General household out-of-pocket expenses
  • Coverage of any necessary medical devices
  • Compensation to pay for home or vehicle modifications to aid with mobility of the child
  • Pain and suffering damages
  • Loss of quality of life damages
  • Funeral and burial expenses if a child loses their life due to the birth injury

The total amount of compensation available in the aftermath of a birth injury in Martinsburg will vary depending on the facts and circumstances surrounding each particular case. The total amount of compensation will depend on factors such as the severity of the injury, the prognosis for recovery, whether or not a parent had to miss work while caring for their child, and more. The total cost of a birth injury can range from several thousands of dollars to more than a million dollars in treatment during the life of the child.

When Should I Hire a Birth Injury Lawyer?

Any parent who discovers or suspects that their child may have sustained a birth injury needs to work with a skilled birth injury attorney as soon as possible. Please understand that the medical professional and hospital involved will not want you to work with an attorney, and they may even try to convince you that one is not necessary. Do not listen to them. Pick up the phone and contact a Martinsburg birth injury attorney immediately.

At Manchin Ferretti Injury Law, we are standing by to help you through every aspect of your claim. Our attorneys have extensive experience handling these cases, and we want to make sure we get involved as soon as possible so we can preserve the evidence needed to prove what happened.

Contact a Martinsburg Birth Injury Lawyer Today

At Manchin Ferretti Injury Law, we have dedicated decades to helping injured victims throughout West Virginia recover. We have fought for justice and financial compensation on behalf of injured individuals and their families since 1983. Finding out your child has a birth injury can be devastating. We are here to help you and your family find hope for the future.

Discuss your potential claim to damages with one of our lawyers for free today at our law firm located in the eastern panhandle of West Virginia. Contact us online or call (304) 264-8505 to schedule a free consultation at our law office.


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