
At Tabor Lindsay & Associates, PLLC, we fully comprehend the profound impact that the loss of a loved one can have on a family. This sorrowful event not only affects your emotional wellbeing but can also lead to an array of unexpected financial burdens and legal considerations. The situation becomes even more challenging when a loved one’s passing occurs suddenly or due to the negligence of others. During such a difficult time, feelings of helplessness are common. However, it is crucial for grieving families to know that they have a dedicated ally ready to take action. Our firm is committed to pursuing justice and holding those accountable for the preventable loss of life, allowing families to focus on their healing process. We proudly serve clients across West Virginia, and we invite you to reach out to our Charleston office to schedule a consultation regarding any wrongful death case. Let us assist you in navigating this challenging time with professionalism and care.
Contact our Charleston, West Virginia firm to schedule a consultation regarding any wrongful death case a loved one may have suffered.
Understanding Wrongful Death Claims
The term "wrongful death" refers to a situation where an individual's negligence or misconduct leads to the untimely death of another person. At Tabor Lindsay & Associates, PLLC, our team of legal professionals, many of whom have medical backgrounds, understands the profound impact that a wrongful death can have on families. We recognize that pursuing a wrongful death or survivor claim often represents the sole means for securing financial stability in the wake of such a tragic loss. In wrongful death cases, the heirs of the deceased have the opportunity to seek compensation for various significant aspects, including:
- The pain and suffering experienced by the decedent prior to their passing
- The financial support that the deceased would have provided
- The moral guidance that the decedent offered to their loved ones
- The profound sense of companionship that has been lost
Our commitment is to guide you through this difficult process with compassion and a focus on achieving the best possible outcome for you and your family.
If your family member has died because of another’s negligent or wrongful conduct, they may be legally responsible. Injuries causing death from medical malpractice, car accidents, construction accidents, and incidences occurring at schools or other places of work and leisure may represent a potential claim. A wrongful death claim may be filed against any person or any institution that was legally at fault for a person’s death:
The loss of a loved one is an undeniably painful experience, made all the more difficult when it results from the negligence of others. At Tabor Lindsay & Associates, PLLC, we are dedicated to navigating the complexities of wrongful death cases and ensuring that your rights are rigorously upheld. Our expertise encompasses various circumstances, including preventable fatalities due to medical malpractice, automobile accidents, defective products, and other incidents arising from negligent actions. Allow us to support you during this challenging time, providing clarity on the medical issues involved while advocating for justice on your behalf.

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.

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.

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.

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.
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.

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.
"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.
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.

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.
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
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
Difficulty sucking, latching, or swallowing
Frequent choking or gagging during feeds
Poor weight gain that does not have another clear cause
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
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.
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.
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.

If you are worried that your baby's condition may be related to their birth, these steps can help:
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.
Keep a simple log. Note the signs you see, when they started, and what doctors have told you.
Gather your paperwork. Keep discharge papers, NICU records if your baby needed special care, and any notes you received after the birth.
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.
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.
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.
You do not have to figure this out alone. Call our Charleston office at (304) 344-5155 or request your free case evaluation online.

We have the expertise to understand your case and win. Contact us for a free consultation.