If your child’s cerebral palsy (CP) 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 cerebral palsy lawyer in North Carolina can help you pursue compensation.
Birth Injury Lawyers Group is dedicated to serving families in need. Since we founded the law group in 2003, we have recovered over $750 million for our clients; we can help you get the compensation you need to provide a comfortable future for your child. Call our Cerebral Palsy lawyers today for a free consultation.
Compassionate Legal Assistance to Birth Injury Victims and Their Families
Learning that your child has a birth injury is confusing. This is the kind of news that catches any parent off-guard, and you likely don’t know what to do next. As a father of two children diagnosed with cerebral palsy, attorney Robert Goldwater understands what you are going through.
He founded the law group to provide professional guidance to parents going through a difficult time. While some conditions in newborns cannot be prevented, others are caused by medical negligence. Our legal team will help you determine if you have a medical malpractice case and let you know how to proceed.
Serving families across North Carolina, our dedicated representatives stand ready to assist you:
- Charlotte cerebral palsy lawyer
- Durham cerebral palsy lawyer
- Fayetteville cerebral palsy lawyer
- Greensboro cerebral palsy lawyer
- Raleigh cerebral palsy lawyer
"If your child was born with a birth injury, or cerebral palsy, we can help."
How Do You Know if Your Child Has Cerebral Palsy?
Identifying cerebral palsy in a child often involves observing developmental milestones and recognizing early symptoms. If you believe that your child may have CP, seek immediate legal guidance. Early detection and intervention can significantly improve outcomes and quality of life for children with cerebral palsy.
While the specific indicators can vary widely depending on the severity and type of cerebral palsy, common signs include:
- Delayed motor development
- Abnormal muscle tone (either too stiff or too floppy)
- Difficulty with coordination and balance
- Involuntary movements
- Challenges with fine motor skills
Parents may notice their child’s inability to reach developmental milestones such as sitting up, crawling, or walking within the expected timeframes. Other signs, such as persistent primitive reflexes, asymmetrical movement patterns, and difficulties with feeding or speaking, may also raise concerns.
North Carolina Cerebral Palsy Lawyer Near Me 1-800-222-9529
Common Causes of Cerebral Palsy
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.
"We know first-hand what you are going through."
Who Is At Fault for Your Newborn’s Cerebral Palsy?
Many different parties can be responsible for causing a child CP; other times, the condition develops without negligence. Our North Carolina cerebral palsy lawyers will investigate the details of your case to determine if someone’s error contributed to your child’s condition.
Any of the following parties could be liable in a cerebral palsy case:
- Obstetricians
- Gynecologists
- Midwives
- Nurses
- Anesthesiologists
- Hospitals
- Birthing centers
- Pediatricians
- Pharmaceutical companies
- Medical equipment manufacturers
Correctly identifying who is at fault is important because it determines how we proceed with the case. For example, different steps may be taken in a medical malpractice case against a negligent healthcare provider rather than filing a claim against a pharmaceutical company.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How To Prove Negligence in a Cerebral Palsy Claim
Negligence refers to a breach of the duty of care owed by healthcare professionals to their patients. This breach occurs when a healthcare provider fails to meet the standard of care expected in their field, resulting in harm or injury to the patient.
To establish negligence, your North Carolina cerebral palsy attorney will focus on the following key aspects:
- Duty of care: Healthcare providers owe a duty of care to their patients. This duty encompasses the obligation to provide competent medical care consistent with accepted standards within the medical community.
- Breach of duty: The healthcare provider breached their duty of care by failing to adhere to established medical protocols or by deviating from accepted standards of practice. This breach may involve errors in judgment, negligence during prenatal care, or failure to monitor fetal distress.
- Causation: There is a direct causal link between the healthcare provider’s breach of duty and the resulting cerebral palsy diagnosis in the child. Your cerebral palsy attorney will demonstrate that the negligent actions or omissions were a substantial factor in causing the brain injury that led to cerebral palsy.
- Damages: Your attorney will quantify the damages you suffered as a result of cerebral palsy, including medical expenses, ongoing therapy costs, pain and suffering, and diminished quality of life. They will seek fair compensation to address these damages and provide the necessary support for the child’s long-term care and well-being.
Negligence forms the basis of many medical malpractice claims, allowing patients to seek compensation for the damages they have suffered as a result of substandard medical care.
Damages You Can Recover From a Cerebral Palsy 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.
Available economic and non-economic damages in a cerebral palsy claim include:
- 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
As your cerebral palsy lawyers in North Carolina, we will quantify all your expenses so far and estimate projected future expenses so you can recover fully. We will use a wide range of evidence to prove the financial impact of CP on your child and family.
The Process of Filing a North Carolina Birth Injury Lawsuit
Every birth-related medical malpractice case is different. Our attorneys will review the unique details of your case and compassionately guide you through the legal process. We will make sure that you have all the knowledge needed to make informed decisions about your child’s future.
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 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 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 from medical professionals’ mistakes.
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.
North Carolina’s Statute of Limitation for Birth Injury Claims
Don’t think that just because your child received a diagnosis years after their birth, 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.
Time is of the essence in birth injury cases. It takes time to investigate medical malpractice and formulate a winning strategy. The sooner you start working with an experienced North Carolina cerebral palsy lawyer at Birth Injury Lawyers Group, the more time they can devote to your case.
Call Our Cerebral Palsy Attorneys in North Carolina
No amount of money 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 Lawyers 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 a healthcare professional’s negligence caused your child’s birth injury, contact a North Carolina birth injury lawyer today to discuss your case.
"We are committed to helping families who have suffered medical negligence."