North Carolina Birth Injury Attorneys

Here for You After a Birth Injury in Winston-Salem

If your newborn child suffered a disability or deformity due to the negligence of the obstetrician or other members of the delivery team before, during, or after childbirth, contact an experienced birth injury attorney in North Carolina at Comerford Chilson & Moser, L.L.P.

As with other medical malpractice litigation, birth injury cases are required by law to be supported by the opinion of a medical professional indicating that the defendant failed to treat the patient in a manner consistent with an established standard of care. Our birth injury lawyers in North Carolina work closely with reputable obstetric experts before your legal action is filed to investigate the circumstances of the birth injury, identify potential defendants, and articulate a specific basis of liability against the defendants with forensic medical support.

To schedule a free consultation, call (336) 568-8779 or contact us online today.

What is a Birth Injury?

A birth injury is a physical injury that occurs during labor, delivery, or shortly after birth. Unlike birth defects, which are often caused by genetic factors or developmental issues, birth injuries typically result from complications during the birthing process. These injuries can range from minor bruising to severe, life-altering conditions that require lifelong medical care.

Common Types of Birth Injuries

Birth injuries can manifest in many ways. Some of the most common types of birth injuries include:

• Cerebral Palsy: Often caused by oxygen deprivation, this condition affects muscle control, movement, and motor skills.
• Erb's Palsy: This injury results from damage to the brachial plexus nerves, affecting the arm's movement and strength.
• Brain Damage: Brain injuries can arise from oxygen deprivation, trauma during delivery, or medical negligence.
• Fractures: Broken bones, particularly the clavicle, are common in difficult deliveries.
• Caput Succedaneum: This involves swelling of the scalp caused by pressure during delivery.
• Hypoxic-Ischemic Encephalopathy (HIE): A severe condition resulting from insufficient oxygen and blood flow to the brain.
• Facial Nerve Injuries: Pressure on the baby's face during delivery can damage facial nerves, causing weakness or paralysis.

Common Causes of Birth Injuries

Birth injuries can result from various factors, some of which are preventable. Common causes of birth injuries include:

• Medical Negligence: This can involve improper use of forceps or vacuum extractors, failure to monitor fetal distress, or delayed cesarean sections.
• Oxygen Deprivation: Lack of oxygen during delivery can cause severe brain damage and related conditions like cerebral palsy.
• Improper Use of Delivery Tools: Misuse of forceps or vacuum extraction devices can cause skull fractures, nerve damage, or brain injury.
• Prolonged Labor: Extended labor may increase the risk of injury to both mother and baby.
• Failure to Identify Complications: Doctors must closely monitor both mother and baby for signs of distress and act quickly to prevent injury.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case requires thorough investigation. Potentially responsible parties may include:

• Doctors and Obstetricians: If they fail to provide appropriate care during pregnancy, labor, or delivery, they may be held accountable.
• Nurses and Medical Staff: If monitoring equipment was misused or signs of distress were ignored, they could be liable.
• Hospitals or Medical Facilities: The institution itself may be liable for inadequate staff training, poor protocols, or failing to provide proper equipment.
• Medical Device Manufacturers: If a defective medical device contributed to the injury, the manufacturer may be responsible.

FAQs About Birth Injury Claims in North Carolina

How do I know if my child’s injury was caused by medical negligence?

Determining medical negligence can be complex. Our legal team will work with medical experts to review your medical records, assess the care you received, and determine if negligence occurred.

What compensation can I seek in a birth injury lawsuit?

Compensation may include medical expenses (past and future), rehabilitation costs, pain and suffering, lost earning capacity, and special education needs.

How long do I have to file a birth injury claim in North Carolina?

In North Carolina, the statute of limitations for medical malpractice claims is generally three years from the date of the injury. However, in cases involving minors, the timeline may vary. Consulting with an experienced North Carolina birth injury lawyer is crucial to ensuring your case is filed within the appropriate timeframe.

What if my child’s injury requires lifelong care?

If your child requires ongoing medical care, we will seek comprehensive compensation to cover future medical expenses, therapy, assistive devices, and other essential resources.

How can a North Carolina birth injury lawyer help me?

Our attorneys will investigate your case, gather evidence, consult medical experts, and advocate aggressively on your behalf to secure the compensation you deserve. We will also handle all communications with insurance companies and opposing parties, allowing you to focus on your family.

Schedule Your Complimentary Initial Consultation

At Comerford Chilson & Moser, L.L.P., we offer our clients highly personalized and responsive service and representation by attorneys whose credentials and record of success compare favorably with those at any law firm in Winston-Salem. 

Our past success enables us to accept birth injury cases under a contingent fee arrangement. In other words, only if we win a settlement or jury verdict for you do we collect an attorney’s fee.

For a free consultation about your child’s birth-related injuries, contact one of our lawyers by calling us at (336) 568-8779 today.