A birth injury can be devastating. If your child has suffered one, a North Carolina birth injury lawyer can help you pursue damages. Injuries from birth and delivery can lead to lifelong challenges and costly medical treatments. No family should be on the hook for these expenses as a result of medical negligence.
Birth Injury Lawyers Group has recovered over $750 million for families like yours. If your child has suffered injuries from errors during delivery and monitoring, a Charlotte birth injury lawyer from our team can take on your case and help you pursue compensation for your and your child’s losses.
What Qualifies as a Birth Injury?
A birth injury refers to any physical or neurological damage sustained by a newborn during labor, delivery, or shortly thereafter. Unlike congenital disabilities, which result from genetic or developmental issues, birth injuries often stem from preventable complications.
This is why birthing injury cases are medical malpractice claims. Medical professionals are guilty of medical negligence insofar as they violate the accepted standard of care.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Do I Have a Birth Injury Case?
A strong birth injury case requires clear evidence of negligence by a medical professional that directly caused harm to your child. Types of useful evidence include:
- Medical records. Medical records detailing prenatal care, labor, and delivery can highlight errors or deviations from standard practices that contributed to the injury.
- Expert testimonies. Expert testimonies from medical professionals can confirm that the care provided fell below acceptable standards and directly caused harm to your child.
- Incident reports. The hospital’s incident reports can offer records or notes detailing complications or errors during the delivery process.
- Photographic or video evidence. Photographic or video evidence can provide visual proof of injuries or improper procedures.
- Witness statements. Witness statements from nurses, technicians, or other individuals present during labor and delivery can provide additional perspectives on what occurred.
If you are unsure if your case qualifies, give our team a call. A birth injury lawyer in Charlotte can help you build a winning medical malpractice case.
Charlotte Birth Injury Lawyer Near Me (800) 222-9529
How Can a Birthing Injury Lawyer Help?
A birth injury lawyer is there to be a legal advocate as you and your child deal with your birth injury complications. They can help in the following ways:
- Case evaluation. A lawyer can assess medical records, witness testimonies, and other evidence to determine the strength of your case.
- Expert collaboration. A lawyer can work with medical experts to establish negligence and causation.
- Negotiation. We can go back and forth with insurers until we reach an agreement that is fair to you and your child.
- Litigation. If necessary, a lawyer can represent your family’s interests in court, ensuring your voice is heard and your rights are protected.
Above all, a birth injury attorney in Charlotte can allow you to focus on your family’s well-being while a professional seeks justice.
"We know first-hand what you are going through."
Common Causes of Birth Injuries
A lot can go wrong during the birthing process, and not all complications are instances of medical malpractice. However, common causes that do frequently stem from negligence include:
- Prolonged labor. Extended delivery periods can increase the risk of complications.
- Incorrect delivery technique. Excessive stretching or pulling during vaginal birth can damage an infant’s muscle tissue, nerves, and bones.
- Improper use of medical devices. When misused, tools like forceps and vacuum extractors can cause physical trauma.
- Failure to monitor fetal distress. Delayed responses to abnormal heart rates or oxygen levels can lead to birth injuries.
- Medication errors. Incorrect dosages or improper administration of drugs during delivery can harm both mother and child.
As your birth injury attorney, we make it our mission to determine exactly what caused your birth injury. This step is essential in assigning fault to the proper party and seeking compensation that allows you and your child to move forward.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Common Types of Birth Injuries
Birth injuries vary in type and severity. Some of the most common types include:
- Cerebral palsy. Cerebral palsy is a neurological disorder caused by brain damage during birth. Symptoms of cerebral palsy include cognitive and motor impairments.
- Erb’s palsy and Klumpke’s palsy. Physical trauma during delivery can cause brachial plexus injuries in the nerves running through the chest and arms, leading to numbness and partial paralysis.
- Brain injuries. Oxygen deprivation from prolonged delivery or head trauma can cause hypoxic-ischemic encephalopathy (HIE), leading to permanent developmental issues.
- Shoulder dystocia. An infant’s shoulders can get stuck in the vaginal canal during delivery, leading to broken bones and a lack of oxygen.
- Cerebral edema. Errors during labor, delivery, and monitoring can cause fluid to pool under the skull and put pressure on healthy brain tissue.
- Kernicterus. Kernicterus is a condition caused by elevated levels of pigment in the blood and can lead to brain and organ damage.
If your child has suffered one of these injuries due to medical negligence, a personal injury attorney in North Carolina can help you pursue compensation.
How to Prove a Birthing Injury Claim
Injuries that occur during birth are not always the result of negligence. Even when medical professionals do everything right, injuries can still happen due to factors out of their control.
To prove a birthing injury claim, you must specifically demonstrate that the injury happened because the professional violated accepted medical standards. Effectively, this means showing that an equally qualified physician in a similar situation wouldn’t have made the same error.
As such, expert testimony is of particular importance in these types of cases. Testimony from a relevant expert can establish whether the physician in question violated accepted standards of care during the birthing and delivery process.
What Is the Average Payout for a Birth Injury?
Birth injury settlements vary widely. While there is no universal figure, payouts often range from hundreds of thousands to several million dollars.
How much you can recover in a birthing injury claim depends on several factors that differ from case to case:
- Injury severity. Some birthing injuries are relatively mild and can be largely addressed with treatment, while others can result in severe or even fatal medical complications.
- Level of impairment. Settlements also take into account how severely the injury will impact your child’s future earning potential and quality of life.
- Future medical costs. Many birthing injuries require lifelong care and treatment, and these injuries can result in a higher value settlement.
- Degree of wrongdoing. If the physician displayed reckless indifference or acted with malice, it can impact the value of any final award.
- Loss of parental income. Parents may have to take extended time off from work to take care of their child’s medical needs and miss out on employment income.
A birth injury lawyer in Charlotte can work to maximize your family’s compensation.
What Kind of Compensation Can I Recover in a Birthing Injury Lawsuit?
The consequences of birthing injuries can be severe and long-lasting. Although many conditions are treatable, some victims may face a lifetime of expensive medical treatment and functional limitations. Through a lawsuit, a personal injury lawyer can pursue compensation for any injury-related losses:
- Medical expenses, including the cost of emergency treatment and future medical bills.
- Diminished lifetime earning capacity due to permanent impairments or disabilities
- Pain and suffering, mental anguish, and reduced quality of life
- The cost of medical devices or home/vehicle modifications to live with disability
- Discomfort and inconvenience from scarring or disfigurement
Because birthing injury claims typically deal with large amounts of money, they will receive heavy scrutiny from insurance companies.
Can I Sue If My Child Died from a Birthing Injury?
The loss of a child is one of the worst things a person can experience. The pain can be even greater when the death was the result of avoidable medical errors. If your child has died due to negligence during labor and delivery, we can help you file a wrongful death lawsuit against the responsible party.
No amount of money can make up for the loss of a loved one. But a wrongful death lawsuit can secure the financial compensation you need to rebuild and hold medical professionals accountable for the harm they have caused.
How Long Do I Have to File a Birth Injury Lawsuit in North Carolina?
North Carolina’s personal injury statute of limitations generally gives you three years to file a birth injury lawsuit. However, the time limit works differently for cases with injuries involving minors. If the victim was under 18 when the injury happened, they have until their 21st birthday to take legal action.
Once the statute of limitations expires, you won’t be able to file a claim for compensation. A birth injury lawyer in North Carolina can make sure your claim is filed on time and reduce the risk of payment delays and complications.
Contact a Charlotte Birth Injury Lawyer Today
If your child has been injured due to medical negligence, a Charlotte birth injury lawyer from our firm can guide you through the legal process and fight for the compensation your family needs.
At Birth Injury Lawyers Group, our mission is to get answers for families who have experienced birth injuries. Schedule a free consultation today to learn about your legal options.
"We are committed to helping families who have suffered medical negligence."