The birth of a child should be cause for celebration, but unfortunately these events are sometimes marred by the negligent application of medical treatment during childbirth procedures. When birth trauma occurs, both the mother and her child could face life-changing injuries. Birth injuries that affect a newborn often result in permanent harm, negatively impacting the rest of the child’s life. This can be a traumatic experience for any family, and knowing that a negligent medical professional is responsible can add tremendous frustration to an already difficult situation.
If you or a loved one recently experienced birth trauma due to the negligence of an attending physician or other medical professional, you need to consult a Morgantown birth injury lawyer as soon as possible. The right attorney can help you determine your best options for legal recourse against the party responsible for causing the birth injury in question, potentially allowing you and your family to recover substantial compensation for your damages. The Wilson, Frame & Metheney, PLLC Law Firm has more than 75 years of combined experience handling medical malpractice claims for clients in the Morgantown, WV area and we are ready to apply our skills to your case.
The birth of a child carries tremendous responsibility for the parents. They face a wide array of medical procedures and tests after the birth of their child, and the birth process itself can be just as stressful as it is exciting. However, when birth trauma of any kind occurs, it can easily turn the experience into a tragic and life-changing experience. The parents may not know how to address the situation from a legal standpoint or what type of compensation they could secure from a medical malpractice claim.
Do not make an already tragic and challenging situation even worse for you and your family by attempting to handle it alone. Working with an experienced Morgantown birth injury lawyer can significantly improve your chances of success with your case. You can focus on caring for your injured child while your legal team handles case proceedings on your behalf. Additionally, your Morgantown birth trauma lawyer is likely to uncover channels of compensation you may not have noticed on your own. Ultimately, you are not only more likely to succeed with a medical malpractice claim when you have experienced legal representation, but also more likely to maximize your family’s overall recovery.
“Birth trauma” is a relatively broad term that can apply to many types of injuries sustained during childbirth:
Birth trauma happens in a variety of ways. Medicine is an inherently uncertain field and there is always a margin for error in any procedure. However, medical malpractice occurs when a medical professional is negligent in the application of medical techniques, or when they fail to meet the standard of care a patient’s condition requires.
Medical malpractice claims are personal injury claims with specific statutes and procedures specific to this type of claim. First, you cannot simply sue the doctor or other medical professional responsible for the birth trauma your family experienced. You must first obtain a certificate of merit from a qualified medical professional who can testify as to whether the treatment you received was appropriate for the situation in question. Next, you must send this certificate of merit and a Notice of Claim to each defendant you intend to sue at least 30 days prior to filing your medical malpractice claim.
An experienced Morgantown birth trauma attorney is an invaluable asset when you must take legal action in response to birth trauma. Your legal team will assist you in meeting the procedural prerequisites of your case and assessing the full scope of your claimable damages.
Plaintiffs in Morgantown, WV medical malpractice cases can seek both economic and noneconomic damages. Economic damages are generally straightforward and simple to calculate. These are the tangible losses resulting from birth trauma, such as the cost of necessary corrective medical care, ongoing medical treatment costs for disabilities and permanent medical complications caused by the birth trauma, and lost income incurred by the family due to the incident.
Noneconomic damages pertain to pain and suffering resulting from birth trauma and face some restrictions under West Virginia law. The most a plaintiff can claim in noneconomic damages in a medical malpractice case is $250,000 except in the case of wrongful death, permanent deformity, or loss of a limb or bodily organ system, in which case the cap extends to $500,000. The caps are adjusted to reflect a cost-of-living adjustment. Birth trauma that affects a newborn can easily result in permanent medical complications or disabilities that will negatively impact the rest of the child’s life. They will likely require a host of ongoing medical treatments for years to come, and the defendant is liable for these treatment costs and the other economic damages the family incurs.
The Wilson, Frame & Metheney, PLLC Law Firm can help you and your loved ones hold the negligent medical professional who caused your birth trauma accountable for your losses. Our team understands the extreme emotional distress that birth trauma inflicts on a family, and our goal in every case we accept is to maximize our client’s recovery however we can. If you believe you have grounds for a medical malpractice claim in Morgantown, WV, we can help. Contact us today to schedule your consultation with a Morgantown birth trauma attorney you can trust.
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