Charleston Birth Injury Attorney

Bringing a child into the world should be filled with hope, love, and dreams for the future. But when something goes wrong during pregnancy, labor, or delivery, and your baby is left with a serious injury, this moment can be replaced with heartbreak, confusion, and uncertainty.

If you believe your child’s birth injury was caused by medical negligence, you deserve answers.

You deserve to know what went wrong and whether it could have been prevented. At Hendrickson & Long, PLLC, we are ready to help you and your family.

Reach out to our Charleston birth injury lawyer to see how we can assist.

When a Birth Injury Changes Everything

Not all birth injuries are the result of medical malpractice, but some of these incidents are due to negligence. Doctors, nurses, and hospital staff have a duty to monitor both mother and baby carefully.

They must respond quickly to signs of distress and make decisions in high-pressure moments.

When they fail to do so, the consequences can be lifelong for the child and their family. Many families struggle after preventable medical errors, including:

• Failing to monitor fetal heart rate during labor
• Waiting too long to perform an emergency C-section
• Improper use of forceps or vacuum extractors
• Mismanaging breech deliveries or shoulder dystocia
• Not treating maternal infections or conditions like preeclampsia

These mistakes can lead to serious conditions, such as:

• Cerebral palsy
• Erb’s palsy
• Brain damage from oxygen deprivation
• Spinal cord or nerve injuries
• Developmental delays
• Seizure disorders
• Permanent physical or cognitive disabilities

No parent wants to watch their child struggle through something that could have been prevented.

It’s devastating. While nothing can undo what has already happened, holding the responsible parties accountable can help make sure your child gets the care they need and that no other family has to go through the same pain.

What a Charleston Birth Injury Lawyer Can Do for You

For many families, even thinking about legal action can feel overwhelming right now. You’re probably in the middle of juggling doctor appointments, insurance claims, and everyday challenges you never saw coming. Our Charleston birth injury lawyer is here to help during these difficult times.

We take the pressure off your shoulders and fight for the resources your family needs so that you can focus on your child’s health and future. We’ll listen to your story and investigate whether the doctors and hospital followed proper procedures.

If they failed to act appropriately, we can help build a strong case on your behalf.

We are not just here to represent you but to stand with you.

Do You Have a Birth Injury Case?

Every birth injury case is different, and not every complication means that malpractice occurred. In the whirlwind of the newborn stage, it can be easy to second-guess what you are seeing.

You may notice differences in how your baby moves, feeds, or responds, and wonder if it is “just a phase” or something more. Trust your instincts. Early attention doesn’t create problems; it helps you find answers sooner and gives your child the best chance to thrive.

Common early signs that deserve a closer look include:

• Feeding challenges that don’t improve with routine support.
• Unusual muscle tone, such as very stiff or floppy limbs, clenched fists past the first few months, or back arching.
• Movement asymmetry, like consistently favoring one side, dragging a limb, or keeping one hand fisted more than the other.
• Delayed milestones, including limited head control, not rolling by the expected window, or little interest in faces or sounds.
• Persistent irritability or low responsiveness, especially when combined with sleep difficulties or seizures.
• Breathing irregularities or color changes during feeds or when crying.

Not every sign means there’s a birth injury, but patterns matter. If you’re noticing the same concerns over time, document them. When something does not feel right, like the hospital hasn’t given you straight answers or you were told “sometimes these things happen,” you may want to talk to a lawyer.

What Else Should I Do if I Suspect a Birth Injury?

Documentation is key in these cases. You want to collect medical bills, make notes, and use other evidence to strengthen your possible claim. Here are a few steps to follow:

• Create a symptom journal: You need to note the date, what happened, how long it lasted, and what helped, if anything.
• Record short videos: A 30–60 second clip of a feeding issue, unusual movement, or tone pattern can be invaluable to therapists and doctors.
• Save every report: You also want to keep discharge summaries, NICU notes, early intervention evaluations, and imaging results in one folder.
• Track milestones with dates: Use your phone’s notes app or a spreadsheet to log first smiles, rolling, sitting, crawling, and first words.
• Preserve communications: Save MyChart messages, appointment summaries, and any written explanations from providers.
• Be cautious with forms: You never want to sign broad medical releases or settlement-related papers from insurers or hospitals without legal guidance.
• Ask for written explanations: When you receive a new diagnosis or test result, request a short written summary for your records.

Above all, remember you are your child’s best advocate. Documenting concerns does not commit you to a lawsuit. However, it equips you and your medical team with a clearer picture, so your child gets the right care at the right time.

If you decide to speak with us, this information also helps us assess quickly and compassionately whether negligence may have played a role.

How Long Do You Have to File a Claim?

West Virginia law sets a deadline known as the statute of limitations for medical malpractice claims.

In most cases, you have two years from the date the injury occurred or was discovered. However, the rules are different when the injured person is a child. Minors often have more time, but waiting too long can still affect your case.

Medical records can get lost, memories fade, and evidence becomes harder to track down. The sooner you talk to a lawyer, the more we can do to help your family.

Who Could Be Responsible?

In a birth injury case, liability does not always fall on just one person. Depending on what happened, several parties could be held accountable, such as:

• The obstetrician who mismanaged labor or delivery
• A nurse who failed to monitor fetal distress
• A hospital that did not follow safety protocols
• An anesthesiologist who administered incorrect medication
• The birthing center where you delivered

Our team will investigate every angle to find out what really happened. We will work with independent medical experts who understand labor and delivery complications and who can testify if needed. Your family deserves the truth; our Charleston birth injury lawyer will help uncover it.

What Compensation Can Cover

Birth injuries often lead to a lifetime of care needs. And while you would do anything for your child, the financial toll should not fall solely on your shoulders, especially if someone else’s mistake caused the injury.

A birth injury claim can help your family recover compensation for:

• Medical bills, including NICU stays, surgeries, and medications
• Physical, occupational, and speech therapy
• Home and vehicle modifications
• Special education services
• Medical equipment and assistive technology
• In-home caregiving
• Lost future income for your child
• Pain, suffering, and emotional distress

We work closely with other professionals to project what your child may need years or even decades from now. Our goal is to make sure your family is financially secure for the long road ahead.

Charleston Birth Injury FAQs

We have provided a few answers to the most common questions surrounding this issue:

Can I still file a claim if I signed hospital discharge papers?

Standard discharge forms do not waive your right to pursue a medical malpractice claim. You can still seek legal advice and action if you believe negligence occurred.

What if my child’s injury wasn’t diagnosed until months later?

Many birth injuries are not recognized until developmental milestones are missed. You may still have a valid claim, and West Virginia law allows extra time in cases involving minors.

Will filing a claim affect my relationship with the hospital or future care providers?

Your child’s access to care should not be impacted. These claims are handled through insurance, not directly with individual doctors. We can help you navigate those concerns with discretion.

What if my child was born at a birthing center instead of a hospital?

Birth injuries at birthing centers can still involve negligence. Midwives, nurses, and the center can be held accountable if they fail to meet professional standards.

Do I need to have all my child’s medical records before calling?

No. If we take your case, we’ll request the records on your behalf. You do not need anything in hand to reach out for help.

Our Charleston Birth Injury Lawyer Can Help You Take That First Step

If your child was harmed during birth, and you suspect a medical mistake may be to blame, you do not have to live with uncertainty.

You deserve answers and support. And you may be entitled to compensation that can ease the path forward. At Hendrickson & Long, PLLC, we are here to help you find it.

Contact our Charleston birth injury lawyer today for a confidential consultation. We can’t erase what happened, but we can help you move forward.