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Personal Injury Claims

At Tabor Lindsay & Associates, PLLC, we pride ourselves on our unique expertise, combining legal acumen with a profound understanding of medical intricacies. Our team, comprised of both skilled attorneys and medical professionals, recognizes the complexities surrounding injuries—physically, emotionally, and financially. We are acutely aware that a serious accident or injury can profoundly alter one’s life, affecting not only the individual but also their loved ones Catastrophic injuries present significant challenges, and our compassionate medical-legal team is dedicated to navigating the legal complexities on your behalf. We bring a distinctive insight into the medical foundation of your injuries, ensuring that your case is approached with the utmost care and understanding, regardless of your location within West Virginia If you or a family member has experienced a personal injury or encountered issues related to product liability, we invite you to contact us in Charleston, West Virginia, to schedule a consultation regarding any personal injury or product liability case you or a loved one may have suffered.

Personal Injury Claims: Understanding Your Rights and Options

A personal injury claim arises when an individual suffers harm as a result of another party's negligence, recklessness, or intentional misconduct. Negligence refers to the failure to exercise the level of care that a reasonable person would apply in similar circumstances. Moreover, when an individual displays a reckless disregard for the safety of others, this can lead to punitive damages being awarded in a personal injury case. Serious injuries can occur unexpectedly and result in life-altering consequences, such as limb loss.

According to data from the CDC, approximately 2 million individuals live with the aftermath of losing a limb due to such traumatic injuries, often caused by someone else’s negligence. These injuries frequently require long-term medical care and support. Personal injury can stem from various forms of critical trauma, including motor vehicle accidents, medical errors, and other negligent acts.

Through personal injury claims, injured parties are given the opportunity to seek compensation for a wide range of damages they have suffered, including:

  • Pain and suffering

  • Disability Disfigurement

  • Medical expenses

  • Lost wages

Our commitment is to provide you with the professional guidance you need to navigate the complexities of personal injury claims and to ensure you receive the compensation you deserve. We focus on solutions tailored to your specific situation to help you move forward with your life.

Auto Accidents: Understanding the Impact and Pursuing Justice

Auto accidents remain one of the primary causes of serious injuries and fatalities on the roads today. Many of these incidents could have been prevented if drivers had adhered to reasonable safety precautions. The consequences of car accidents can range from temporary injuries to permanent disabilities or even loss of life. At our firm, we employ a dedicated team of medical professionals, including experienced physicians and nurses, who assess the medical ramifications of these injuries. Their expertise allows us to accurately evaluate the extent of damages and determine appropriate compensation values. Concurrently, our skilled attorneys focus on establishing liability by proving negligence on the part of the responsible driver. We are committed to advocating for the rights of our clients and ensuring they receive the justice and compensation they deserve.

Product Liability: Ensuring Consumer Safety in Everyday Products

In our daily lives, we rely on countless consumer products, placing our trust in their safety and efficacy. However, there are instances where this trust is misplaced, resulting in potentially serious injuries. A product liability claim can occur when a defective and unreasonably dangerous product is made available to the public, leading to personal injury or even fatality. Our specialization lies in addressing product liability concerns related to medical devices, including but not limited to hip replacements, breast implants, and mesh implants. It is imperative that these products are not only safe for their intended use but also for any reasonably foreseeable uses. Moreover, even in cases where a product is not inherently defective or unreasonably dangerous, injured parties may pursue recovery if there is a failure to provide adequate warnings regarding potential risks. The reality is that dangerous and defective products can be found in many facets of our lives. Our commitment is to advocate for those affected and ensure that accountability is upheld in the marketplace.

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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.

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.


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Copyright 2026 by Tabor Lindsay

Copyright 2026 by Tabor Lindsay

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