Birth Injury Lawyer

newborn baby with hospital gloved hands close to itChildbirth is supposed to be a joyous occasion. The pure joy can be stripped away in an instant if your child is injured during childbirth. It becomes a fight for your child’s life or health and may also be an expensive burden. If you or someone you love is going through this, you need to contact a birth injury lawyer in Morgantown, West Virginia from Hayhurst Law right away. You do not want to miss the statute of limitations for filing and you need to make sure you do everything in your power to take care of yourself and your family. 

A Lawyer Will Focus on the Details

Birth injury lawyers know what to search for to prove your case. This could include certain notes in your medical records and conditions that your child developed, either as a newborn or as he or she gets older. 

A Lawyer Has Extensive Experience

Your birth injury lawyer in Morgantown, WV from Hayhurst Law has experience in childbirth injuries. He or she has seen so many cases that yours is likely not completely unique. There are many ways babies are injured in the childbirth process, and your lawyer will understand how to prove that negligence occurred. This can be difficult, as childbirth has some inherent risks of its own that a doctor cannot prevent, but there are certain things that can prove negligence in a case. Your lawyer will know what kind of things are good proof in court and may even have some good expert witnesses to use in court to testify on your behalf. Your birth injury lawyer will collect evidence, look over your medical records, and enlist the assistance of anyone who can help prove your case, even if it involves opening an investigation. 

A Lawyer Knows What to Ask for in Court

It is always important to be able to assign reasonable figures to damages in court. Your lawyer will know what to ask for and how much to assign to each damage. Medical damages, for example, are much easier than “pain and suffering” or other emotional damages, as there is a certain cost associated with them. Our birth injury lawyers have experience in this field and know what a judge will think is a good amount to look for in a case. This can be incredibly useful in getting the most out of your case. 

Contact Us Today

Do not hesitate to reach out to someone from Hayhurst Law as soon as you believe you might have a birth injury case. We can set up a consultation to go over the details of your case and determine how to move forward. The consultation is risk-free, as we do not charge for these, then we work on a contingency fee basis if we decide to work together. This means you do not pay us unless we help you win your case. Contact us today to learn more. 

Common Misconceptions About Birth Injuries

Finding out that your baby was injured during the labor and delivery process is certainly disheartening. You wonder where it all went wrong and want answers. It’s important to know all the facts so that you can go forward. Here are the most common misconceptions about birth injuries.


  • Doctors can’t do anything to avoid birth injuries. While some medical professionals would like for you to believe this, it isn’t true. As a birth injury lawyer Morgantown, WV residents trust can confirm, birth injuries can almost always be prevented. Doctors must conduct frequent monitoring of the mother and baby to quickly detect possible issues.
  • Filing a claim won’t undo my child’s injury, so it’s pointless. Although it’s true that nothing can make up for what happened to your child, filing a legal claim definitely isn’t pointless. The medical costs associated with treating birth injuries can be astronomical, and you shouldn’t have that burden on your shoulders. Compensation from a legal claim can pay these bills, giving you some relief.
  • My child was just born this way. If your child has a birth defect, you may assume that it’s a genetic issue. While this is possible, it’s definitely not certain. Don’t automatically believe that your child was just born this way. It’s important to speak with a Morgantown birth injury lawyer to help you get down to the bottom of what truly happened to your child.
  • My child’s injury isn’t severe enough to warrant a lawsuit. If your baby sustained a fairly minor birth injury, you might feel relieved. You may even feel no need to file a lawsuit. However, even if your child’s injury seems minor right now, you never know if the injury will worsen in the future. Minor injuries can also result in high medical bills, so it’s in your best interest to pursue a legal claim.
  • If I didn’t notice any wrongdoing, there wasn’t negligence. When you’re going through something as stressful as childbirth, you might not notice every little thing going around you. Even if it seems like things are going smoothly, errors could have still been made. If you’re the average person, you may also not know the standard level of care doctors and nurses are required to take.
  • It’s impossible to prove medical malpractice. It’s true that medical malpractice cases are one of the most complicated personal injury cases. However, that doesn’t mean they’re impossible to win. If you have an experienced birth injury lawyer on your side, you will have a better chance of having a successful outcome. A lawyer will help you gather evidence, identify all liable parties and negotiate with the insurance company.
  • I can’t afford to hire a birth injury lawyer. Unfortunately, some people are reluctant to hire a Morgantown birth injury lawyer because they assume they can’t afford the legal fees. However, most of these lawyers work on a contingency fee, so they receive a percentage of your settlement at the end.

Hayhurst Law Personal Injury Lawyers