Birth Injury Lawyer in North Carolina
Birth Injury Lawyer in North Carolina
Birth injuries can devastate a family, no matter what the cause. However, when the cause is a medical provider’s negligence, holding the at-fault party responsible becomes vital to getting your child necessary medical care and treatment.
A birth injury lawyer in North Carolina can help you fight for your legal rights and pursue fair financial compensation for your baby’s injuries.
Schedule a free consultation today.
Determining Whether Negligence Caused a Birth Injury
The briefest lapse in judgment can lead to a serious injury during childbirth. If a medical professional failed to provide the necessary standard of care for the baby or its mother, either or both can sustain life-threatening injuries. As a result, the baby may have permanent mental, physical, or emotional damage, requiring a lifetime of care.
Although a variety of acute and chronic conditions can result, these are some common birth injuries:
- Bruising and fractures
- Cerebral palsy
- Brachial palsy
- Bell’s palsy
- Facial paralysis
- Brain damage
In the worst cases, either the baby or mother may die.
To determine whether negligence caused or contributed to the injuries, a birth injury lawyer will obtain and evaluate critical evidence to identify the at-fault party. To support a legal claim for a birth injury, the lawyer must demonstrate the following aspects of negligence:
- Duty of Care: The at-fault party owed a duty of care to the mother and the baby to provide a reasonable standard of care.
- Breach of Duty: The at-fault party breached their duty of care by failing to provide a reasonable standard of care.
- Causation: A birth injury occurred due to the at-fault party’s breach of duty.
- Damages: The injury caused the baby and the baby’s family to suffer losses.
If a lawyer can prove the medical professional was negligent, you may be able to file a malpractice claim. The responsible party could be a doctor, nurse, hospital, pharmaceutical company, or any other medical professional who caused or failed to prevent a birth injury.
A Birth Injury Lawyer Can Advocate for Your Family’s Future
A birth injury lawyer will protect your legal rights, fight for your family’s future and help you recover the compensation you need to provide proper treatment and care for your baby.
Here are just a few things a malpractice lawyer can do for you and your family:
- Obtain necessary medical records to support your claim
- Prepare and submit your claim for compensation
- Negotiate with the insurance company
- Pursue further legal action, if necessary
By handling all of the legal details on your behalf, a lawyer allows you the time you need to focus on your family and the future wellbeing of your child.
Time is of the essence for filing a birth injury claim, as North Carolina imposes a strict statute of limitations. You must file your malpractice claim within three years of the date of the incident or one year of the date of discovery. However, in no case can you file your claim more than four years after the date the negligence occurred.
Because these laws can be confusing, talk to a lawyer as soon as possible to help preserve your right to file a claim.
Establishing the Value of Your Birth Injury Claim
Although the value of your birth injury claim will depend on the details of your case, you may be able to recover any of the following:
- Medical costs incurred to date
- Projected future medical and care costs
- Parents’ current and future lost income
- Necessary home renovations for accessibility
- In-patient care home costs
- Pain and suffering
An insurance settlement for a birth injury cannot restore the damage done to the baby, but it will enable you to obtain the proper care and treatment your child needs and deserves.
To see how a birth injury lawyer in North Carolina can help you with your case, schedule a free consultation today.