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Charleston, West Virginia cerebral palsy lawyers advocate for local children born with disabilities as a result of medical negligence and malpractice. Turn to one of these lawyers if your child received a diagnosis of cerebral palsy and you believe a medical professional is to blame.
Cerebral Palsy and Medical Malpractice in Charleston
Medical malpractice can happen to anyone. In legal terms, it refers to a medical professional’s negligent care that harms the patient and results in significant damages. A baby born with a disability might be a victim of medical malpractice.
Babies are particularly vulnerable to brain damage before, during, and after delivery. Their brains are susceptible to damage from illness, toxins, and physical trauma. Brain damage at this young age causes cerebral palsy, a lifelong condition.
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Sometimes, the brain damage a baby suffers could not have been prevented. The mother and baby received good medical care, but a complication arose that could not be foreseen or better managed. In other cases, negligence resulted in harm and should have been prevented with better care:
- A doctor didn’t diagnose or treat a mother’s infection during pregnancy.
- A doctor downplayed or ignored risk factors for complications during labor and delivery.
- A midwife recognized complications but delayed calling in an obstetrician.
- A doctor delayed performing an emergency c-section even though there were signs of fetal distress.
- A doctor used excessive force with forceps while delivering a baby.
How a Cerebral Palsy Lawyer in Charleston Can Help
Before you can take legal action on your child’s behalf, you need to know what happened. You might suspect malpractice but be unable to prove it. A lawyer will first help by evaluating your case to give you answers.
If a lawyer believes you have a case for malpractice, they can then work with medical experts and investigators to build the evidence. They will file a lawsuit on behalf of you and your child and use their experience and expertise to go up against hospitals, insurers, and big legal teams.
The best thing a lawyer can do for your child is win your case. This provides you with a sense of justice, but it also gives your child the compensation necessary to get lifelong treatment.
How to Find the Right Charleston Lawyer
Look in the local area for a firm or lawyer specializing specifically in medical malpractice cases. They should also have experience working on birth injury cases. Although Charleston isn’t a huge city, you should be able to find malpractice experts in the area. These cases are complicated, so don’t settle for a lawyer without the relevant experience.
You can use the offer of a free consultation to interview lawyers. They’ll review your case, and you can ask any questions you have. This should give you enough information to hire the right lawyer for your family. They should have proven wins and experience, resources to be able to take your case, and contingency payment plans.
When Charleston Cerebral Palsy Lawyers Win for Local Families
Every case is different but wins for local families illustrate the possibilities for others. In 2021, a jury awarded Aubrie Hysell and her parents $10.8 million against Raleigh General Hospital and the federal government.
Aubrie was born at the Buckley hospital just outside of Charleston in 2010. Staff had to resuscitate her after birth, and several minutes later as admitted to the hospital nursery. Aubrie failed to meet developmental milestones as she grew older, but doctors continued to tell her parents there was nothing wrong.
Eventually, an MRI showed brain damage that Aubrie likely suffered due to a lack of oxygen at birth. The Hysell’s lawyers proved that the hospital staff failed to provide adequate care for Aubrie at birth, and later, resulting in cerebral palsy and disabilities.
Cerebral Palsy Medical Care and Resources in Charleston
Legal action is an important step toward getting justice for your child. They also need early interventions, treatment, and support.
West Virginia University Medicine Children’s Hospital
WVU is home to a Children’s Miracle Network hospital, the most comprehensive facility for pediatric specialty care in the area. Specialist areas include neurodevelopment, surgery, orthopedics, neurology, and behavioral health.
The Cerebral Palsy and Spasticity Clinic treats patients with cerebral palsy in collaboration with physicians in other departments. A multidisciplinary team evaluates each child and creates an individualized treatment plan.
1 Medical Center Drive
Morgantown, WV 26506
West Virginia University Center for Excellence in Disabilities
The Center for Excellence in Disabilities offers clinical services and family and community services at a location near Charleston. Clinical services include feeding and swallowing therapy and transition services. Family and community services include finding health care, employment skills and placement, and wellness. Families can also contact the Center for help getting assistive technology.
959 Hartman Run Road
Morgantown, WV 26505
If your child was born in the Charleston area and now has cerebral palsy, contact an experienced lawyer. They can give you the best chance of winning justice for your child and recovering damages.
- Curley, M. (2021, June 4). Hospital, US Hit With $10.8M Verdict Over Baby's Hypoxia. Law360.
Retrieved from: https://www.nbtalawyers.org/wp-content/uploads/2021/08/Hospital.pdf
- WVU Medicine Children's. (n.d.). Cerebral Palsy and Spasticity Clinic.
Retrieved from: https://childrens.wvumedicine.org/services/specialty-care/cerebral-palsy-and-spasticity-clinic
- West Virginia University Center for Excellence in Disabilties. (n.d.). About CED.
Retrieved from: https://cedwvu.org/about-ced/