Call Anytime 304.344.5155

Birth injuries

At Tabor Lindsay & Associates, PLLC, we recognize that pregnancy and childbirth are typically joyous occasions for families, marking the thrilling arrival of a new member into their lives. However, amidst this celebration, it is important to remain vigilant, as medical errors during pregnancy and delivery can go unnoticed until they manifest as health complications in the newborn. According to HealthGrades, the annual incidence of birth injuries stands at approximately 28,000 cases, with potential consequences that may lead to lifelong physical impairments. If you suspect that your child or a loved one has suffered a birth injury due to medical negligence, we invite you to reach out to our experienced team in Charleston, West Virginia. We are dedicated to providing a thorough consultation to explore your situation and discuss potential paths to address the impact of these unfortunate events. Your family's well-being is our priority, and we are here to guide you through this challenging process. 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.

Understanding Birth Injuries: A Professional Insight

Birth injuries refer to physical harm sustained by either the mother or the infant during pregnancy, labor, or delivery. These injuries can result in significant and lasting neurological impairments, particularly in infants, leading to a variety of physical and cognitive challenges. Neurological damage may arise from factors such as insufficient oxygen supply or trauma during the birthing process.

The consequences can include disabilities and psychological concerns that affect the child's development. It is important to note that families are often not informed of the specific causes of their child's injuries by healthcare providers, including doctors, midwives, and hospitals. When it is determined that neurological damage may have resulted from medical negligence during the birth process, it is crucial to seek expert guidance. At Tabor Lindsay & Associates, PLLC, our team, comprised of attorneys with medical backgrounds, is dedicated to uncovering the root causes of birth-related injuries. We specialize in cases involving Erb’s Palsy, Cerebral Palsy, and brain damage, and we are committed to ensuring that families receive the justice and support they deserve.

ERB’s Palsy

Erb's Palsy is a condition that can result from physical injury during delivery, with its impact varying widely from mild to severe based on the extent of nerve damage. This condition arises when the nerves in the upper arm of the infant are compromised, affecting approximately one to two out of every 1,000 births. Specifically, it is associated with lesions in the brachial plexus, a network of nerves located in the neck that controls movement in the arm, hand, and fingers. One common scenario that can lead to Erb's Palsy is shoulder dystocia, which may occur in challenging births, particularly when excessive traction is applied to the baby's shoulders.

Consequently, infants may exhibit limited mobility in the shoulder or upper arm, while still being able to move their fingers, which can give the appearance of paralysis in the affected limb. The degree of severity of the nerve injury plays a crucial role in determining the potential for recovery. Instances of excessive pulling during delivery, particularly with larger infants, increase the risk for developing this condition. It is essential to acknowledge that while Erb's Palsy can present significant challenges, proactive medical interventions and therapeutic strategies can enhance recovery outcomes for affected infants.

  • 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

Identifying ERB’s Palsy in Your Child

ERB’s Palsy is a form of paralysis affecting the arm, typically resulting from an injury to the brachial plexus—a crucial network of nerves extending from the spine to the hand. This condition may arise due to accidents or lapses in medical care during childbirth. To determine if your child may have ERB’s Palsy, look for specific signs and symptoms, which can include:

  • Limitation of movement in the affected arm, which may be observed as a limp posture held close to the body with the elbow bent.

  • A noticeable decrease in grip strength on the affected side. - Signs of partial or complete paralysis.

  • Loss of sensory and motor function in the upper arm.

  • Numbness in the arm.

  • Impaired development of circulatory, muscular, and nervous functions.

    If you suspect your child may have ERB’s Palsy, seeking an evaluation from a medical professional is essential. Early intervention can significantly improve outcomes and support your child's development.

Cerebral Palsy (C.P.)

Cerebral Palsy (C.P.) is a comprehensive term used to describe a range of motor function impairments. This condition is characterized by its permanent and non-progressive nature, which stems from compromised muscle coordination—often referred to as spastic paralysis—resulting from brain injury sustained before or during the birthing process. There are instances where Cerebral Palsy may be attributed to medical negligence. Such circumstances can include:

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.

What Qualifies as a Birth Injury Under West Virginia Law?

A birth injury is distinct from a congenital birth defect. While birth defects typically develop during early pregnancy due to genetic or environmental factors, a birth injury is physical harm sustained by the infant or mother during labor, delivery, or immediately postpartum—often resulting from preventable medical oversight or mechanical trauma.

Under the West Virginia Medical Professional Liability Act (W. Va. Code § 55-7B), our legal team establishes liability by demonstrating that:

  1. The medical team owed a duty of care to the mother and fetus.

  2. The obstetrician, midwife, nurse, or hospital breached the recognized medical standard of care during prenatal management, labor, or delivery.

  3. The failure directly caused preventable oxygen deprivation, physical trauma, or neurological injury.

  4. The child or family suffered measurable economic and non-economic damages.

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.

PRACTICE AREAS

Expert Legal Services

Tailored for Your Needs

Medical Malpractice

When healthcare professionals fail to provide proper care, the results can be devastating. Our attorneys help victims of medical negligence pursue justice and compensation for injuries caused by errors, misdiagnoses, or improper treatment.

Birth Injury

A birth injury can change a family’s life forever. We stand beside parents and children affected by medical negligence during childbirth, helping them obtain the support and compensation they deserve for lifelong care and recovery.

Wrongful Death

When negligence leads to the loss of a loved one, families deserve answers and accountability. Our firm provides compassionate legal guidance to help you seek justice and financial relief during one of life’s most difficult times.

Personal Injury

From car accidents to slip-and-fall injuries, we fight to protect your rights and ensure you’re fairly compensated for medical bills, lost wages, and pain and suffering. You focus on healing — we’ll handle the rest.

Frequently Asked Questions

How do I know if my baby's condition was caused by a medical error?

Warning signs of labor and delivery negligence include an emergency C-section performed after hours of labor arrest, low APGAR scores (below 5 at 5 and 10 minutes), immediate resuscitation or intubation in the delivery room, infant seizures within the first 24–48 hours, emergency transfer to a Level III/IV NICU, or cooling therapy (therapeutic hypothermia) administered for brain swelling.

How do I know whether my child’s injury may have resulted from medical negligence?

Families are not always given a clear explanation for why a birth injury occurred. Tabor Lindsay & Associates emphasizes investigating the circumstances surrounding pregnancy, labor, and delivery to determine whether medical negligence may have played a role.

Why can an attorney with a medical background be helpful in a birth injury case?

Tabor Lindsay & Associates specifically highlights that its attorneys have medical backgrounds. That medical knowledge can help the firm understand the medical circumstances surrounding a birth-related injury and investigate whether the care provided may have contributed to the child’s condition.

How are birth injury settlements managed for a minor child?

In West Virginia, settlements involving minor children require formal circuit court approval to ensure the agreement is in the child's best interests. Funds are typically structured through secure annuities, court-supervised accounts, or Special Needs Trusts (SNT) that preserve your child's eligibility for Medicaid, SSI, and government support programs while providing lifelong funds for medical and living care.

Expertise in the Medical Field:

Your Trusted Legal Partners

Tabor Lindsay & Associates, PLLC stands with West Virginians facing the aftermath of medical negligence — when families feel overwhelmed, dismissed, or shut out by powerful institutions. We are doctor-lawyers.

That means we don’t just “review records.” We understand how medical decisions are made, where standards of care matter most, and how preventable mistakes can change a life. We’ll explain what happened in plain language, then fight relentlessly for truth, accountability, and justice.

RECENT NEWS FEED

Latest News & Articles

Mother holding her newborn baby in a softly lit nursery, illustrating early parent concerns and infant health awareness for a birth injury blog cover.

Signs and Symptoms of Birth Injuries in Babies

October 29, 2026•7 min read

Signs and Symptoms of Birth Injuries in Babies

The first months with a new baby are full of firsts, and full of questions. Most of the small worries new parents have turn out to be normal. But sometimes a parent senses that something is different: an arm that does not move like the other one, a baby who feels unusually stiff or floppy, or milestones that seem to keep slipping away.

If that sounds familiar, this article is for you. We will walk through, in plain language, the signs and symptoms of birth injuries that parents in West Virginia may notice at birth and in a baby's first months, what those signs can mean, and what you can do next. Our goal is to help you understand what is happening, without intimidation and without guesswork.

This article is general information, not medical advice. If you are worried about your baby's health or development, please talk with your pediatrician first.

Common Types of Birth Injuries and Birth Trauma

"Birth trauma" is a broad term for physical harm to a baby during birth. Many birth injuries are minor and heal on their own in days or weeks. Some are serious and can affect a child for life. Common types of birth injuries parents may hear about include:

  • Bruising and scalp swelling. Pressure in the birth canal, or the use of forceps or a vacuum during delivery, can cause bruises or swelling on the baby's head. One kind of scalp swelling is called caput succedaneum.

  • A broken collarbone. A clavicle fracture can happen during a difficult birth, especially when a baby's shoulder gets stuck.

  • Nerve damage in the arm. Injury to the brachial plexus, the nerves that control the shoulder, arm, and hand, can cause weakness in one arm. Erb's palsy is one example.

  • Bleeding in or around the brain. A hemorrhage in the brain can follow trauma during birth.

  • Brain damage from a lack of oxygen. When a baby does not get enough oxygen before or during birth, the brain can be injured.

  • Spinal cord injuries. These are rare, but they can be serious.

Our birth injury page explains Erb's palsy and cerebral palsy in more detail, including how they can happen.

Why Some Birth Injuries Are Not Obvious at Birth

Some birth injuries are clear right away. Others only become noticeable as a baby grows and is expected to do more: hold up their head, reach, roll, sit, and feed well. A problem with the brain or nerves may not show itself until a baby misses a step that most newborn babies reach around the same age.

Families are also not always given a clear explanation of what happened during the birth. That can leave parents connecting the dots months later, often on their own.

Early Symptoms of Birth Injuries Parents May Notice

Every baby develops at their own pace, and none of the signs below proves that a birth injury happened. They are reasons to ask questions and to make sure your baby is checked by a doctor. A baby may show one sign or several.

Muscle tone that seems "off"

  • A baby who feels very stiff or rigid when you pick them up

  • A baby who feels unusually floppy or loose, like a rag doll

  • A head that lags or falls back when the baby is lifted from lying down

  • Arching the back or neck strongly when held

  • Legs that stiffen or cross like scissors

Using one side of the body more than the other

  • One arm or hand that moves much less than the other

  • A hand that stays tightly fisted on one side

  • Reaching or grabbing with only one hand at an age when most babies use both

Feeding and swallowing trouble

  • Difficulty sucking, latching, or swallowing

  • Frequent choking or gagging during feeds

  • Poor weight gain that does not have another clear cause

Delays in reaching milestones

  • Not holding up their head when expected

  • Not rolling over, sitting, or bringing hands together around the usual ages

  • Not responding to sounds or following objects with their eyes as expected

Other changes to report right away

  • Seizures, which can look like staring spells, jerking, or stiffening

  • Unusual or constant irritability that is hard to soothe

  • Unusual sleepiness or very little interest in feeding

If you notice any of these signs, write down what you see and when, and share it with your pediatrician. A short video on your phone can also help a doctor see what you are describing.

What These Signs Can Point To

A doctor is the right person to evaluate your child. Still, it can help to know the kinds of conditions doctors may look for when they see signs like these.

  • Brachial plexus injuries. Weakness or limited movement in one arm can point to nerve damage from a difficult delivery, such as one involving shoulder dystocia.

  • Brain injury from a lack of oxygen. This can affect muscle control, feeding, development, and more, and some effects may not be clear until the baby is older.

  • Cerebral palsy. This is a group of conditions that affect movement and muscle coordination. Unusual muscle tone, favoring one side, and missed motor milestones are among the reasons a doctor may consider it. Not every case of cerebral palsy is caused by a medical error.

Are Birth Injuries Preventable?

It is important to say this clearly: many babies with early delays catch up, and many conditions have causes that have nothing to do with the care during birth. A birth defect, or a condition that could not have been prevented, is different from an injury caused by a mistake.

Some birth injuries, though, may be preventable. When a doctor, nurse, midwife, or hospital does not meet the standard of care during pregnancy or labor and delivery, and that failure harms the baby, it may be medical malpractice. Whether that happened depends on what the medical team knew, what they did, and whether a reasonably careful provider would have done something differently. That question can usually only be answered by a careful look at the records from your pregnancy and your baby's birth.

What You Can Do Now

If you are worried that your baby's condition may be related to their birth, these steps can help:

  1. Put your child's care first. Follow up with your pediatrician and any referrals they suggest, such as early intervention services or a pediatric neurologist.

  2. Keep a simple log. Note the signs you see, when they started, and what doctors have told you.

  3. Gather your paperwork. Keep discharge papers, NICU records if your baby needed special care, and any notes you received after the birth.

  4. Request the records. The delivery records, fetal monitoring strips, and your baby's newborn records are often the most important documents. Our article on what medical records you need for a malpractice claim explains how to request them.

  5. Talk with a lawyer sooner rather than later. West Virginia has deadlines for filing a birth injury lawsuit, and there are special rules when the injured person is a child. Waiting can limit your options.

How Our Firm Can Help

Tabor Lindsay & Associates, PLLC represents West Virginians in serious injury cases, especially medical negligence, birth injury, and wrongful death. We are doctor-lawyers. Our attorneys include Dr. Pamela Tabor Lindsay and Dr. Richard Lindsay, and our team reads and understands the medical records from pregnancy and birth so we can explain them to you in plain language.

If you are looking for a West Virginia birth injury lawyer to help you understand whether your child's condition may be connected to their birth, we are here to listen.

Talk With Our Charleston Office

You do not have to figure this out alone. Call our Charleston office at (304) 344-5155 or request your free case evaluation online.


Back to Blog

CONTACT US NOW

Questions?

Contact us today

Request a Free Case Evaluation!

Copyright 2026 by Tabor Lindsay

Copyright 2026 by Tabor Lindsay

1223 Virginia St E, Charleston, WV 25301, USA