Expectant parents rely on the guidance of experienced medical professionals to make sure their newborns are delivered safely, without complications for the mother or the child. While most of these professionals do their jobs well, occasionally medical mistakes lead to birth injuries. Our North Carolina birth injury lawyers represent families in this difficult situation.

  • 40+ years of experience in the courtroom.
  • Lawyers who specialize in North Carolina birth injury cases.
  • Our lawyers have helped families recover millions.

Our lawyers are proud to help children affected by birth injuries get the support they need.

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No child should have to suffer the lifelong consequences of a preventable birth injury. When healthcare professionals allow these injuries to occur through negligent care, we help these children and their families.

— Laurence Banville, Esq.
"Thank you." We weren't sure what to do about our son's injury, but they knew how to help us.
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newborn baby's hand

Medical professionals of all types have a duty to provide the highest standard of medical care for all of their patients. These professionals have all been trained in how to anticipate and respond to complications during pregnancy, labor, and delivery. Unfortunately, each year a handful of birth injuries happen because a nurse, doctor, or obstetrician failed to meet their profession’s medical standard of care.

If your child recently suffered a birth injury, know that you’re not alone. According to birth injury rates and live birth statistics, about 845 North Carolina families were affected by birth injuries in 2015. Our North Carolina birth injury lawyers are proud to represent these families in Charlotte, Raleigh, Greensboro, Durham, Winston-Salem, and throughout the rest of the Tar Heel State.

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How Medical Errors Can Cause Birth Injuries

Most families have two main concerns after hearing that their child has suffered a serious birth injury. Their first concern is always whether their son or daughter will recover, what their life will be like with the injury, and how the family can give the child the full support they need. Next, most parents wonder how the birth injury happened and if anything could have been done to prevent it.

Because birth injuries have become so much rarer than they were just a few decades ago, the question of medical negligence is often raised in these cases. Sometimes, a birth injury may happen due to unavoidable complications, such as a genetic condition. But many of these injuries only occur because a doctor, obstetrician, or other medical professional failed to follow the accepted methods of their field.

Some common examples of medical negligence in North Carolina birth injury malpractice lawsuits include:

  • Failure to properly monitor the health of the fetus or the mother
  • Failure to order a c-section, which could have prevented birth complications
  • Improper use of forceps, vacuum extractors, and other delivery tools
  • Using too much force during a difficult delivery

Anytime one of these professionals handles a medical situation differently than another similarly qualified professional would have and an injury occurs, that professional could be considered medically negligent. Negligence is the basis of all medical malpractice cases.

Common Birth Injuries In Malpractice Claimssleeping baby

Some birth injuries are minor and may heal with little to no treatment. Others can lead to lifelong complications for the child. Some of the most severe injuries that require financial compensation include:

Children with severe birth injuries often require a lifetime of support. When a medical professional is responsible for causing the injury, it’s important for the child’s family to understand their legal options.

North Carolina Medical Malpractice Laws

North Carolina has their own state of laws and statutes that apply to medical malpractice cases. It’s good to have a basic understanding of these laws, but we recommend speaking with an experienced North Carolina birth injury malpractice lawyer in order to fully grasp how they may apply to your case.

Statute Of Limitations

In every state, there is a time limit for filing a medical malpractice – this time limit is known as the statute of limitations. If you fail to file your claim by this deadline, you may lose your right to take legal action for your child’s birth injury. Determining when this time limit begins and ends can be complicated, so it’s best to speak with a lawyer soon after discovering your child’s injury.

Limits On Financial Compensation

In North Carolina, there is a cap on non-economic damages in medical malpractice lawsuits. Non-economic damages include all losses without a direct financial cost, including things like pain and suffering and loss of quality of life. Economic damages, such as medical bills and lost wages, are uncapped. This cap was set at $500,000 in 2014 but is continually raised to adjust for inflation.

Expert Medical Witness Requirements

In North Carolina medical malpractice lawsuits, the injured person must obtain a sworn affidavit from at least one medical expert and file this document in court. In this affidavit, the expert must swear under oath that he or she has reviewed the medical records related to the case, and is willing to testify that the injured person received medical care which fell below the accepted standard of care.

How A Lawsuit Can Help Your Family

Fortunately, advancements in medical technology have allowed children with serious birth injuries to enjoy comfortable and fulfilling lives. However, providing the full resources your child needs can be a challenge for middle-class families. Some common expenses related to these injuries include:

  • Frequent and ongoing medical care (including doctor’s appointments, surgeries, medication, etc.)
  • Adaptive devices (e.g. wheelchairs, prosthetics, braces, etc.)
  • Personal daily caretakers
  • Handicapped-accessible vehicles and home renovations
  • Occupational, physical, speech, and other therapies

For serious and permanent conditions like cerebral palsy, the lifetime costs of these support systems can easily exceed $1 million. This is why it’s crucial for families affected by preventable birth injuries to seek damages through birth injury malpractice lawsuits. Our dedicated North Carolina birth injury lawyers help these families plan for the future by securing the financial support their children need. To find out more about your family’s legal options, contact us today for a free consultation.

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