Birth Injury

Caring Birth Injury Representation for West Virginia

Tabor Lindsay & Associates, PLLC understands that pregnancy and childbirth are usually a wonderful time for families, as welcoming a newborn into the world is a celebration time. Amid the excitement, medical mistakes and errors that may have occurred during pregnancy and childbirth are often missed until the newborn displays abnormalities. Per HealthGrades, the yearly incidence rate of birth injuries is 28,000. Medical mistakes occurring during birth may cause life-long physical impairment.


Contact us in Charleston, West Virginia, to schedule a consultation regarding any birth injury your child or a loved one’s child may have suffered.

What Are Birth Injuries?

A Birth Injury is an injury to the mother or infant during pregnancy or labor and delivery. Infant brain and nerve damage can mean long-term, permanent neurological problems and a wide range of physical problems. Infant neurological damage can be caused by decreased oxygen flow or trauma suffered during labor and delivery. 


The resulting damage to the baby can lead to various disabilities and psychological issues. The doctor, midwife, or hospital will usually not inform the parents of the actual cause of the child’s damage. Suppose neurological damage has been caused by medical negligence and a birth injury that could have been prevented. In that case, the firm of Tabor Lindsay & Associates, PLLC, where the lawyers are doctors, has the expertise to discover and identify the underlying cause of the baby’s injury.

  • ERB’S Palsy
  • Cerebral Palsy
  • Brain Damage
  • ERB’S Palsy
  • Cerebral Palsy
  • Brain Damage

ERB’s Palsy

A physical injury causes Erb’s Palsy during delivery, and its adverse effects can range from mild to severe, depending on the severity of the injury. It occurs when the nerves in the baby’s upper arm are damaged, affecting one to two of every 1,000 babies.

  • Results from a lesion in an area of the neck at the brachial plexus that gives movement to the arm, hand, and fingers
  • Often caused by shoulder dystocia during a difficult birth
  • Infants are unable to move the shoulder or upper arm but can wiggle fingers
  • It looks like the arm is paralyzed
  • The level of severity determines how well the infant recovers
  • Occurs during excessive pulling on the shoulders at delivery when the baby is disproportionately bigger than the birth canal

How Do You Know If Your Child Has ERB’s Palsy?

ERB’s Palsy is a type of paralysis within the arm that is caused by an accident to the brachial plexus. Brachial plexus refers to the primary network associated with nerves operating from the disposal to the entire spine. ERB’s Palsy might be a result of carelessness or medical negligence at the time of the birth to the birth of the impacted child.


ERB’s Palsy is evident when a baby exhibits weakness in the affected arm, favors it, or cannot move it. Signs and symptoms include:


  • The affected arm may be limp, held against the side of the body, and bent at the elbow
  • There is a decreased ability to grip with the hand on the affected side
  • Partial or full paralysis
  • •Loss of sensory function and motor in the upper arm
  • Arm numbness
  • Impaired circulatory, muscular, and nervous development

Cerebral Palsy (C.P.)

C.P. is a blanket term commonly used to describe loss of motor function. It is a permanent non-progressive condition marked by impaired muscle coordination (spastic paralysis) caused by damage to the brain before or at birth.

C.P. Caused by Medical Negligence

  • Entanglement or umbilical cord
  • Entrapment in the birth canal (baby too large or improperly positioned)
  • Undetected to improperly treated infections during pregnancy
  • The baby was in fetal distress, but the medical staff did not perform Cesarean Section
  • Birth trauma
  • Lack of oxygen (hypoxia)
  • Forceps assisted delivery
  • Unnecessary use of vacuum

Symptoms, Diagnosis, Treatment, and Pathology of C.P.

Risk Factors for Cerebral Palsy 

Risk Factors can be divided by period into antenatal, perinatal, and postnatal factors. The majority of the risk occurs in the antenatal period. Prematurity is a significant risk factor, predisposing to periventricular leukomalacia (PVL) development. Prudent obstetrical care, with the management of preeclampsia (magnesium), infections (antibiotics), and preterm labor (corticosteroids), can help reduce the risk of C.P.

Contact Us Today for a Complimentary Case Evaluation!

Birth Injuries Are Serious Situations! Call Us for Help!

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