Birth Injury

The birth of your child is supposed to be the best day of your life, but what if it is the worst?

 

What if somehow during prenatal care or labor and delivery your baby is injured because of the unsafe actions of a doctor, nurse or hospital and, as a result, they will never be able to live a normal life? It is in these hard times that we may be able to help. We have decades of experience representing people who have been injured by the actions and inactions of others in North Carolina and around the country. We fight daily for our clients to recover everything the law allows. If you believe that you have a personal injury claim, we may be able to help you.

If your child has been diagnosed with seizures, epilepsy, hypoxic ischemic encephalopathy, a brain injury, cerebral palsy or some other condition related to injury caused by a doctor, nurse or healthcare provider during the labor and delivery process, you may have a birth injury claim. These types of injuries can cause your child to require 24-hour care, seven days per week and to be unable to ever hold a job. A claim may be able to help you recover some of the expenses to help care for your child and protect his or her future. 

We have decades of experience handling birth injury claims. We have worked with experts all over the country and, in some cases, outside of the country to advocate for our clients and recover for their child’s future life care. We have also worked with experts who create plans to take care of these children for their future, so that they will get the care they need to live the best lives they can under the circumstances.

 

What is a birth injury?

If you have concerns that the medical care provided during prenatal care or the labor and delivery of your child was unsafe and you have been told that your child suffered or suffers from one or more of the following, you may have a birth injury claim.

 

  • Brain injury

  • Developmental delay

  • Low cord blood gases

  • Seizures

  • Difficulty feeding

  • Hearing issues

  • Low Apgar scores

  • Vision issues

  • Death

  • Multi-system organ failure

  • Hypoxic ischemic encephalopathy

  • Epilepsy

 

If after delivery, your child is assessed or treated with any of the following, this might also be an indication that a brain injury as a result of unsafe care has occurred:

 

  • Brain/head MRI

  • Brain/cranial/head ultrasound

  • Cooling or therapeutic hypothermia

  • Long stay in the neonatal intensive care unit (NICU)

  • Neuropsychological testing

  • Occupational therapy

  • Physical therapy

  • Speech therapy

  • Referral to a pediatric neurologist

  • EEG

“....January 1999 I went to the hospital to have my 2nd baby girl. Unfortunately she was a big baby, she weighed 12 pounds. Things happened and my baby neck was broke, she was without oxygen for a period of time. Kristen worked with the firm that took my case. They all were very knowledgeable about what had happened to me and my baby. They worked with me and my family thru the whole ordeal. I was devastated to what had happened. The firm was there for us all . It was hard to handle at times but they were right there to comfort us and they did what they had to do to win the case. I felt so close to all who were on the case. Kristen has kept in touch with me and my family since this happened. If by any chance something happens and you need a lawyer, I highly recommend KB, you will be satisfied with the results.”
— W.B.

What damages can you claim?

It depends on the state what damages you may claim.

While the law cannot undo the injury suffered by your baby or bring back your baby or child if he or she has passed away, it may provide monetary compensation. If you baby survived with injuries, this monetary compensation may help you take care of him or her for their injuries. While it depends on the state, in general, you or your family may have claims for the following under the law.

money on scales

PERSONAL INJURY DAMAGES

If your baby suffered injury because of the negligent actions of the doctors, nurses, hospital or other healthcare provider, the law may permit recover past and future medical expenses and lost wages as well as amounts for physical and mental pain and suffering, loss of a body part or use of a body part, permanent injury, scars and disfigurement.

WRONGFUL DEATH DAMAGES

If your baby was killed by the unsafe actions or inactions of a doctor, nurse, hospital or other healthcare provider, the law may permit recovery for medical expenses, funeral expenses, physical and emotional pain and suffering and the loss of the value of his or her life. Depending on the state, the value of his or her life may be measured from the perspective of your baby or the family that lost your baby. In North Carolina, wrongful death damages are measured by the loss to the person’s next of kin, including loss of society, companionship, advice and kindly offices, as well as lost future wages and the value of the decedent’s support for his or her next of kin.

What do you need for a successful claim?

In order to make a successful birth injury claim, you need at least three things. First, a medical provider must have acted negligently or below the standard of care. Second, your baby must have suffered an injury or died. Third, there has to be a connection between the negligence or breach of the standard of care and your baby’s injury or death. In other words, the bad care must have caused your baby to suffer injury or die.

Why contact an attorney immediately?

It is important to contact counsel immediately because there are deadlines within which lawsuits must be filed or the right to file them is lost forever. In most states, there are also requirements that have to be met before filing a birth injury claim that take time. As examples, certified medical records often have to be obtained for the mother and the baby, which can take a month or months in some cases. Also, many states require that an expert review your case before filing a lawsuit and some even require that those experts sign affidavits. All of these things take time. For these reasons, it is important that you contact an attorney right away if you believe you may have a birth injury claim. Even one day can mean the difference between being able to pursue a claim and being barred from pursuing that very same claim.