Birth Injury Attorneys in Wheeling, WV

Name: Birth Injuries
Brand: The Stuckey Firm
Rating: 4.9 (248 reviews)

When a birth injury happens, families are often left grieving the delivery they expected and facing a future filled with medical uncertainty. The Stuckey Firm helps parents in Wheeling pursue answers, accountability, and long-term support through a clear legal strategy built around their child’s needs.

When a Delivery Becomes a Life-Altering Event

Pregnancy and childbirth already carry enormous emotional weight. When a preventable medical mistake causes harm during labor or delivery, families may suddenly find themselves navigating NICU stays, unexpected diagnoses, and overwhelming uncertainty. Parents often struggle with guilt, anger, and grief while trying to focus on what their child will need now and in the years ahead.

Birth injury cases are not only about medical records. They are about long-term planning. Many families must prepare for years of therapy, ongoing medical care, assistive equipment, and specialized education. These cases require careful investigation, expert support, and a knowledgeable birth injury attorney who takes time to listen and build a strategy that protects your child’s future.

After an accident, the stress of dealing with insurance companies can feel like a second injury. We take that pressure off you so you can focus on healing and taking care of your family.

What Is a Birth Injury Claim?

A birth injury claim is a medical malpractice case that seeks compensation when a healthcare provider’s negligence during pregnancy, labor, or delivery causes harm to a baby or mother. Birth injuries may occur when providers fail to respond to fetal distress, delay an emergency delivery, misuse forceps or vacuum devices, or fail to properly manage complications during childbirth.

These cases typically require expert medical review because the central question is whether the care met the accepted standard and whether different actions would likely have prevented the injury. In West Virginia, medical malpractice claims are governed by specific statutes and procedural requirements, including strict timing rules and expert certification obligations. Understanding these requirements early is essential to protecting a family’s right to pursue accountability.

What Are the Benefits of Working With a Medical Malpractice Attorney for Childbirth Injuries?

A Thorough Review of the Delivery and Medical Records - Birth injury cases rely on detailed medical evidence, including fetal monitoring strips, labor and delivery notes, Apgar scores, and NICU records. Legal counsel helps uncover what happened and what should have occurred under accepted standards of care.
A Claim Built Around Lifelong Needs - Many birth injuries require long-term therapy, adaptive equipment, and ongoing medical care. A strong claim accounts for future treatment, specialized education needs, and long-term financial stability for your child.
Guidance Through a Difficult and Emotional Process - Families are often coping with trauma, fear, and exhaustion. A birth injury attorney provides clarity, protects deadlines, and offers a structured path forward without adding pressure during an already overwhelming time.
Trial-Ready Preparation When the Stakes Are High - Birth injury cases are often defended aggressively by hospitals and insurers. Trial-ready preparation helps position the case for fair resolution and protects your child’s long-term future if litigation becomes necessary.

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Available 24/7 (304) 407-3177

Does My Situation Require a Birth Injury Attorney in Wheeling, WV?

You may need legal guidance if your child suffered an unexpected injury during delivery, required intensive medical care, or was diagnosed with a condition that appears linked to labor or delivery complications. Even when symptoms are not immediately clear, some birth injuries are not fully understood until months or years later, when developmental delays become more apparent.

Because early developmental delays can be subtle, families often monitor milestones closely. Resources such as the CDC’s Developmental Milestones can help parents understand age-based indicators that may signal the need for further evaluation. Families should also consider seeking legal guidance if there were signs of fetal distress, emergency intervention, delayed decision-making, improper use of forceps or vacuum extraction, shoulder dystocia complications, or failure to perform a timely C-section. A confidential consultation with a birth injury attorney can help determine whether malpractice may be involved and what evidence could support a claim.

The Birth Injury Case Process What to Expect

Step One: Listening to Your Story and Gathering Records

We begin by listening carefully to what happened and learning what your child is facing now. We then gather medical records from pregnancy, labor and delivery, and post-birth treatment, including NICU care and pediatric follow-up.

Step Two: Expert Review and Case Evaluation

Birth injury cases typically require review by qualified medical experts. This step helps determine whether the standard of care was met and whether a different course of action could have prevented harm.

Step Three: Building the Claim Around Long-Term Needs

If malpractice is supported by the evidence, we build a claim that reflects both current medical expenses and future needs. This often includes therapy, ongoing treatment, assistive technology, and long-term care planning.

Step Four: Negotiation or Litigation

Some cases resolve through negotiation, while others require litigation to pursue accountability. We work with you to decide what path aligns with your goals, and we prepare every case to withstand close defense scrutiny.

Our team prepares every case with the strength to go to trial if needed. But even when a lawsuit is filed, many cases still resolve through settlement before trial ever becomes necessary.

Common Types of Birth Injuries

Birth injuries can affect a child’s physical development, neurological function, and long-term independence. Some of the most serious birth injuries include:

Oxygen deprivation injuries, including hypoxic ischemic encephalopathy
Cerebral palsy related to birth trauma or lack of oxygen
Brachial plexus injuries, including Erb’s palsy
Fractures or nerve injuries caused by delivery complications
Brain bleeds or seizure disorders
Injuries caused by forceps or vacuum misuse

These injuries often require long-term physical, occupational, and speech therapy, along with ongoing medical monitoring. The goal of a birth injury claim is to establish what caused the injury and what your child will need for stability, care, and quality of life.

“I came to the Stuckey firm with a very serious case that involved my child. Nathan and his team were so kind, caring, and quick to get my case settled. They exceeded our expectations and made sure everything was taken care of with no added stress to my family. Winning our case!! I am so grateful to the Stuckey firm.”

—K.K.

Why Choose a Birth Injury Attorney With The Stuckey Firm?

A Client-First Firm That Works With You

Birth injury claims require trust, patience, and clear communication. We work with you, not just for you, ensuring your family understands each step and feels supported throughout the process.

Trial-Ready Preparation for High-Stakes Claims

Hospitals and insurers often defend birth injury cases aggressively. We prepare thoroughly, work with qualified experts, and build evidence that reflects the full medical reality, including long-term care needs and future planning.

Credibility That Strengthens the Case

Our attorneys are respected statewide and known for bringing well-prepared, meritorious cases. That credibility matters when your child’s future is on the line and the defense attempts to minimize responsibility or long-term impact.

Birth Injuries Frequently Asked Questions

What is the difference between a birth injury and a birth defect?

A birth injury is harm that occurs during pregnancy, labor, or delivery and is often linked to medical care. A birth defect typically develops before birth and may not be caused by delivery complications.

What if my child’s symptoms did not appear right away?

Some birth injuries are not fully recognized until developmental delays emerge. Early medical records and pediatric evaluations may still support a claim, but timing is critical, so speaking with counsel early is important.

How long do I have to file a birth injury claim in West Virginia?

West Virginia has strict time limits and procedural requirements for medical malpractice cases. Because deadlines can be complex, it is best to speak with a birth injury attorney as early as possible to protect your rights and preserve evidence.

How do you prove a birth injury was caused by medical negligence?

Birth injury cases rely on medical records, expert review, and evidence showing the provider failed to meet the accepted standard of care. The claim must also show that the negligence likely caused the injury and resulted in damages.

Do birth injury cases include future medical care costs?

Yes. When supported by medical evidence, claims can include future therapy, equipment, home modifications, specialized education needs, and long-term care planning.

Get Answers About a Birth Injury in Wheeling, WV

If your child suffered an injury during birth and you are seeking clarity and support, we are here to help. Contact The Stuckey Firm to schedule a confidential consultation and get straightforward guidance on whether malpractice may be involved and what the next steps could look like.