Hospital staff can make mistakes like any other human. They, however, are bound to deliver a certain standard of care to keep patients safe. No one should have the birth of their child turn from a joyous occasion to a tragic one due to an overworked or undertrained individual.
If your child’s disability is the result of a birth injury, you may be entitled to compensation for your damages. No one should pay out-of-pocket for expenses that are the result of a medical error. A birth injury lawyer in North Carolina can help you pursue compensation.
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How Birth Injuries Can Occur
Medical malpractice occurs when any healthcare professional makes a mistake that leads to an injury. Medical malpractice occurs far too often in the labor and delivery room and about 28,000 babies are born with a birth injury every year in the U.S. Some of the most common mistakes made by healthcare professionals that lead to birth injuries include:
- Administering the wrong type or amount of medication.
- Failing to perform a C-section in a timely manner.
- Improper use of tools such as forceps or the vacuum extractor.
- Applying too much force when pulling the baby out of the birth canal.
- Failing to monitor the baby for signs of distress.
According to North Carolina General Statutes – Chapter 8C Article 7, plaintiffs and their birth injury lawyer are required to employ a medical expert to investigate how the incident happened, review their medical records, and testify that the medical care the injured person received fell below the accepted standard of care.
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Types of Birth Injuries You Can File a Claim for
In some cases, the injuries you or your child suffer are so severe that they result in lifelong medical and even cognitive problems. Newborns are at risk of sustaining injuries when they are being delivered if the hospital staff are negligent. Some of the birth-related injuries that can happen to a newborn include:
- Brain damage
- Cerebral palsy
- Erb’s palsy
- Developmental delays
- Wrongful Death
Each birth-related medical claim in North Carolina comes with its own regulations regarding what damages are covered. Birth-related medical malpractice claims are also not limited to the examples stated above.
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Damages You Can Recover From a Birth Injury Lawsuit
The losses you’ve incurred as a result of the birth injury are considered your damages. They can be broken down into three categories: economic, non-economic, and punitive. The goal of your case is for the defendant to be held liable for their actions and compensate you for your:
- Current medical bills
- Future medical bills
- Ongoing rehabilitation and therapy
- Special needs and education costs
- Costs to modify your home
- Future lost income of the child
- Pain and suffering
Don’t think that just because your child received a diagnosis years after their birth that you cannot pursue legal action. According to North Carolina law §1-15, the statute of limitations of three years may still allow you to file a claim against those responsible for your child’s injuries.
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Process of Filing a North Carolina Birth Injury Lawsuit
Every birth-related medical malpractice case is different, but the following are the general steps a North Carolina birth injury lawyer will take you through when you file a claim:
- Gathering information and investigating the claim
- Filing a claim against the medical practitioner/s who committed negligence or malpractice
- Obtaining evidence to support the case
- Resolution outside the court through settlement negotiations, if possible
- Going to trial in civil court
- Receiving a verdict and reward
Whether your case goes to trial or you choose to accept a settlement, a trusted medical malpractice lawyer in North Carolina can help you. Having legal representation with experience in settlement negotiations and in court, is very important because you and your child deserve justice and compensation.
The Importance of Medical Malpractice Claims
The process of filing for medical malpractice claims can be lengthy. A North Carolina attorney can take on the legal work. Your focus should be on your family and you should not have to suffer physically, emotionally, and financially for the mistakes of medical professionals.
Birth injury claims are essential for discovering what went wrong in a routine labor procedure. By determining the cause of negligence, it is possible to prevent such instances from happening to others. Birth-related medical malpractice claims help maintain high standards of care within the medical community.
Turn to the Experienced Attorneys at Birth Injury Lawyer Group
There is no amount of money that can reverse the damage caused by a birth injury. However, compensation can help you pay for any expenses you have incurred or losses you have suffered as a result of the injury.
At Birth Injury Lawyer Group, we will never leave you wondering about the status of your case. Should you decide to take legal action, we will keep you informed throughout the process. If your child’s birth injury was caused by the negligence of a healthcare professional, contact a North Carolina birth injury lawyer today to discuss your case.
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