Complications during labor and delivery are relatively commonplace and healthcare professionals should be equipped to handle them. Serious complications may require a Cesarean delivery, more commonly known as a C-section. This is a procedure to surgically deliver a baby through an incision in the mother’s uterus. If a doctor, surgeon, or nurse makes a preventable error during a C-section, the infant or mother can suffer serious birth injuries.

If you or your child recently suffered an injury from what you believe was medical malpractice, contact our Morgantown birth injury lawyers at the Robinette Legal Group, PLLC for a free legal consultation. Your family may be entitled to financial compensation from the doctor or hospital.

How Can a Medical Malpractice Attorney in Morgantown Help After a C-Section Birth Injury?

A Morgantown medical malpractice lawyer will understand the state’s related laws and be able to explain them to you during your case. A legal professional can assist you and your family with protecting your rights and seeking maximum financial compensation from one or more parties for a serious birth injury. These are complicated cases that are often expensive to litigate. An attorney makes the legal process easier and more effective. You can focus your attention on healing and moving forward when a lawyer is handling complex legal matters for you.

When Is a Birth Injury Medical Malpractice?

In West Virginia, the definition of medical malpractice is a health care professional or hospital injuring a patient through a negligent act or omission. Negligence in the civil justice system refers to carelessness that injures others.

All healthcare professionals have a responsibility to provide acceptable medical treatment to mothers and infants in a way that a reasonably prudent healthcare professional would in the same circumstances. If your obstetrician, gynecologist, physician, or surgeon fails to fulfill this responsibility during your C-section, you could be entitled to financial compensation for medical malpractice.

What Are Examples of C-Section Medical Malpractice?

A C-section is generally considered safe. However, it is a major surgery that can come with certain risks to mothers and babies. The attending surgeon and other health care professionals have a responsibility to reduce these risks as much as possible through appropriate patient care. Any act or omission that falls short of the medical industry’s standard of care can constitute medical malpractice, such as:

  • Failing to order an emergency C-section
  • Ordering an unnecessary C-section
  • Failing to monitor the infant or mother’s vital signs during the procedure
  • Anesthesia mistakes (too much or too little anesthesia, incorrect mixture)
  • Surgical errors, such as nicked nerves or arteries
  • Excessive bleeding in the mother
  • Traumatic injuries caused by the misuse of surgical tools
  • Retained foreign objects in the mother’s body cavity

These avoidable errors can cause great physical injuries and psychological harm to both mother and baby. Common birth injuries suffered during C-sections include traumatic brain injuries, hypoxic brain damage from lack of oxygen, organ injuries, brain bleeds, bone fractures, hemorrhages, lacerations, nerve damage, and infections. In the most serious cases, medical malpractice during a C-section can be deadly.

What Is the Statute of Limitations?

If you or your child suffered a birth injury during a C-section and wish to file a medical malpractice lawsuit in pursuit of financial compensation, you have a limited amount of time to file the paperwork under the statute of limitations. In West Virginia, injured parties must file medical malpractice lawsuits within two years of the date of the injury or injury discovery. It is critical not to miss this deadline, as it will most likely mean giving up your right to recover financially.

Request a Free Birth Injury Consultation With Attorney Jeff Robinette Today

C-section birth injury cases are complicated. You, your infant, and your family deserve the best in terms of a Morgantown medical malpractice attorney during your lawsuit. Attorney Jeff Robinette has years of experience and has secured millions of dollars on behalf of past clients. Our lawyers are committed to helping families who have been negatively impacted by medical malpractice at hospitals and birthing centers throughout West Virginia.

To request your free consultation, contact our Morgantown personal injury lawyer today and we’ll get back to you as soon as possible. We also respond promptly to calls made to (304) 594-1800.

Call us today to find out how we can help you.

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Our Case Results

Brain Injury

While timbering in WV, a heavy equipment operator sustained a permanent brain injury while performing the duties of his job. What price can you put on the loss of a fully functioning, fully reasoning brain? Jeff Robinette was able to negotiate a settlement that was annuitized to provide for this man for the rest of his life.

Car Accident Injuries

Jeff Robinette was hired by a young woman who had sustained permanent injuries to her foot due to an auto collision. The insurance company offered such a small amount and dealt with her in such a dismissive manner that the treatment of her case amounted to bad faith on the insurance company’s part. Jeff was able to obtain a substantial settlement which allowed this young woman and her husband to pay medical bills, buy a car and a home, and start building a future together.

Crushed Leg Injury

Imagine having your leg crushed so badly in an accident that you have to undergo two surgeries to insert multiple pins and have a rod hammered into the bone just to stabilize the femur. Unfortunately, the first rod inserted into the bone didn’t accomplish the desired effect, so the rod had to be removed and surgically reinserted. Imagine the great pain, the months of therapy and recovery, and the frustration of knowing you can never return to the type of work you have performed for decades.

Jeff Robinette was able to obtain a great enough settlement to pay this man’s medical bills in their entirety and money enough to start a new business so he could work and live a productive life even with his permanent impairment.


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Jeffery Robinette
Jeffery Robinette
Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
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