The birth of a child should be a moment of joy—not the beginning of a lifetime of medical challenges. Yet every year, families across West Virginia face devastating outcomes caused by preventable birth injuries. Among the most serious and life-altering of these injuries is cerebral palsy (CP).
While some birth complications cannot be avoided, many birth injuries occur because doctors, nurses, or hospitals fail to follow accepted standards of care during pregnancy, labor, or delivery. Experienced West Virginia birth injury attorneys help families uncover what went wrong, determine whether medical negligence played a role, and pursue the financial support children with cerebral palsy will need for the rest of their lives.
What Is a Birth Injury?
A birth injury is harm suffered by a baby before, during, or shortly after delivery, often as the result of medical negligence. These injuries may affect the brain, nerves, muscles, or vital organs and can lead to permanent disability.
Common causes of birth injuries include:
- Failure to properly monitor fetal heart rate
- Delayed response to fetal distress
- Oxygen deprivation during labor or delivery
- Improper use of forceps or vacuum extractors
- Failure to perform a timely emergency C-section
- Medication errors during labor
- Failure to treat maternal infections or complications
When medical providers ignore warning signs or delay necessary intervention, the consequences can be catastrophic.
Cerebral Palsy and Birth Trauma
What Is Cerebral Palsy?
Cerebral palsy is a neurological disorder that affects movement, muscle tone, posture, and coordination. It is caused by damage to a child’s developing brain, often occurring around the time of birth.
Cerebral palsy is permanent and non-progressive, but its effects can be severe and lifelong.
How Birth Injury Can Cause Cerebral Palsy
A significant number of cerebral palsy cases are linked to preventable birth trauma, particularly oxygen deprivation (hypoxia or asphyxia). Cerebral palsy may occur when medical providers fail to:
- Properly monitor fetal heart rate patterns
- Recognize and respond to signs of fetal distress
- Address umbilical cord compression or prolapse
- Manage prolonged or obstructed labor
- Perform an emergency C-section when required
Even short delays in restoring oxygen to a baby’s brain can result in permanent neurological damage.
Other Serious Birth Injuries
In addition to cerebral palsy, birth injuries may include:
- Hypoxic-ischemic encephalopathy (HIE)
- Brain hemorrhages
- Erb’s palsy and brachial plexus injuries
- Skull fractures
- Seizure disorders
- Developmental delays
Some injuries are obvious at birth. Others may not become apparent until a child misses developmental milestones months or years later.
Warning Signs of a Birth Injury or Cerebral Palsy
Parents should seek medical and legal guidance if a child experiences:
- Seizures shortly after birth
- Difficulty breathing or low Apgar scores
- Feeding problems
- Abnormal muscle tone (too stiff or too floppy)
- Delayed crawling, walking, or speech
- Poor coordination or involuntary movements
Early diagnosis and therapy are critical—but so is understanding why the injury occurred.
The Lifetime Impact of Cerebral Palsy
Children with cerebral palsy often require:
- Ongoing medical treatment
- Physical, occupational, and speech therapy
- Assistive devices and mobility aids
- Home and vehicle modifications
- Special education services
- Long-term or lifelong caregiving
The lifetime cost of care for a child with cerebral palsy can reach millions of dollars, placing enormous emotional and financial strain on families. West Virginia birth injury attorneys work to ensure families are not forced to shoulder these costs alone when medical negligence is responsible.
Legal Rights of Families in West Virginia Birth Injury Cases
Under West Virginia law, families may pursue medical malpractice claims when a birth injury is caused by negligence. Recoverable damages may include:
- Past and future medical expenses
- Therapy and rehabilitation costs
- Specialized education and care
- Pain and suffering
- Loss of future earning capacity
- In appropriate cases, punitive damages
Birth injury cases are medically and legally complex. They require detailed review of medical records, fetal monitoring strips, delivery notes, and expert testimony. Experienced West Virginia birth injury attorneys are essential to proving these claims.
Why Hospitals and Insurers Fight Cerebral Palsy Claims
Hospitals and malpractice insurers often:
- Claim the injury was unavoidable
- Blame genetics or prenatal conditions
- Downplay the impact of oxygen deprivation
- Delay or restrict access to key medical records
Early involvement by skilled West Virginia birth injury attorneys helps preserve evidence, consult qualified experts, and prevent insurers from controlling the narrative.
How Segal & Amos, PLLC Helps Families After Birth Injuries
At Segal & Amos, PLLC, we represent families across West Virginia whose children were harmed by preventable birth injuries, including cerebral palsy caused by medical negligence. We understand that these cases are about more than compensation—they are about securing a child’s future and holding healthcare systems accountable.
📞 Call Segal & Amos, PLLC at (304) 344-9100 or Submit a Free Case Evaluation to schedule a confidential consultation with experienced West Virginia birth injury attorneys.
Attorney Advertising Disclaimer
This article is for informational purposes only and does not constitute legal advice. Reading this content or contacting Segal & Amos, PLLC does not create an attorney-client relationship. Past results do not guarantee future outcomes. Every case is different and must be evaluated based on its own facts. This communication may be considered attorney advertising under West Virginia law.