Did your baby suffer a severe injury during childbirth?
At The Nye Law Group, we know you are experiencing a wide range of emotions, from shock to confusion about how the injury could have happened. We also know that it can be very expensive to treat and manage a birth injury.
That is why you should contact our Charlotte birth injury lawyers for a free legal consultation to determine your legal options. If your child’s injury was caused by negligence, you could be entitled to compensation to manage all of the damages your child and your family have suffered. If we take your case, you will not be charged any legal fees unless we recover the compensation you deserve. Our firm has obtained millions in compensation for victims of medical malpractice. We are located just five minutes away from Bank of America Stadium.
Call 855-856-4212 to find out if our attorneys can help you.
Birth Injury Claims Our Firm Handles
Our Charlotte birth injury lawyers are prepared to handle claims arising from many birth injuries, including:
- Fractured clavicle
- Brain injury
- Brachial plexus injury
- Cerebral palsy
- Shoulder dystocia
- Klumpke’s palsy
- Erb’s palsy
- Persistent pulmonary hypertension
- Skull fractures
- Spinal cord damage
- Cleft palate
- Cleft lip
- Spina bifida
If your baby sustained one of these or any other type of birth injury, contact us to find out if you can file a Charlotte medical malpractice claim.
Chat live with a representative or call our birth injury lawyers at 855-856-4212.
Causes of Birth Injuries
While some birth injuries are unavoidable, others are caused by medical professionals who acted recklessly or failed to act to protect health of the baby.
Common examples of these failures include:
- Failing to perform sufficient pre-natal testing
- Failing to refer patients with high-risk pregnancies to appropriate specialists
- Failing to notice or treat infections
- Failing to respond to the fetus becoming tangled in the umbilical cord
- Improperly using labor-inducing drugs
- Recklessly using forceps or vacuums to aid in the delivery
- Failing to order a caesarian section when appropriate
- Failing to notice the fetus is suffering from a lack of oxygen
- Failing to take note of any fetal distress
- Allowing a baby to be born feet first when this should have been prevented
- Pulling too hard on the fetus during delivery
There are many other examples of reckless actions on the part of medical professionals involved in the birthing process. Our Charlotte birth injury lawyers can carefully evaluate your situation to determine if medical professionals were reckless or failed to act before, during or after the pregnancy.
The Nye Law Group’s Charlotte office is located just 15 minutes away from Carolinas Medical Center, at 402 West Trade Street, Suite 112.
Complete our Free Case Evaluation form today.
Proving Medical Malpractice
In order to file a birth injury claim, our attorneys have to establish five things to prove malpractice occurred:
- There was a doctor-patient relationship – This means that a doctor agreed to provide treatment, or treatment was provided with no agreement. In a birth injury case, our Charlotte birth injury lawyers would need to show that medical professionals agreed to deliver your baby or they actually did deliver your baby.
- There was a duty of care – Once the doctor-patient relationship is established, a duty of care is established as well. Duty of care is a legal obligation to perform within accepted standards in the medical community. In other words, doctors should make decisions and act in a manner similar to other medical professionals who are in a similar situation.
- The duty of care was breached – This means that a medical professional was negligent in providing treatment. North Carolina law requires you to file a sworn affidavit with the court in which a medical expert swears under oath that he or she is prepared to testify that the treatment you received did not satisfy the duty of care.
- The breach of the duty of care caused your child’s birth injury – Your lawyer must show that the doctor’s failure to act, or his or her actions, directly led to your child suffering a birth injury. The defense may attempt to argue that your child’s injuries were caused by an underlying medical condition and not the medical professional’s actions.
- The birth injury resulted in damages – Damages could include medical expenses, lost wages, pain and suffering, and many other financial, physical or emotional damages.
Our Charlotte birth injury lawyers have the resources and skill to conduct an extensive investigation of your claim to help prove the five elements of malpractice.
We know which medical records to review and what to look for. We will carefully review diagnostic test results, including electronic fetal monitor strips, labor and delivery flow sheets, and the use of birthing tools.
Call our birth injury lawyers today at 855-856-4212.
Compensation for Birth Injury Claims
If our Charlotte birth injury lawyers file a claim, we will work with you to determine all of the expenses created by your child’s injury, which may include:
- Home modifications, including things like ramps and railings
- Anticipated surgeries and medical procedures
- Occupational therapy
- Speech therapy
- Transportation to therapy and doctor’s appointments
- In-home health care
- Adaptive equipment, such as wheelchairs, braces and crutches
- Special education expenses
- Doctors’ appointments
- Prescription medications
We are prepared to consult medical experts and specialists to get a complete picture of your child’s life with the injury. This will allow us to pursue all of the compensation you deserve.
Fortunately, North Carolina does not place a limit on economic damages from a medical malpractice claim. This would cover things like medical expenses and lost wages.
However, if we claim damages greater than $150,000, you will have to go through two separate trials. One trial will be focused on liability while the other will be focused on the amount of damages.
You may also be entitled to compensation for non-economic damages, including pain and suffering and lost quality of life. Unfortunately, North Carolina sets a limit of $500,000 on non-economic damages from medical malpractice claims.
However, there is no damages cap for cases in which victims suffered certain permanent injuries and the accused’s conduct was grossly negligent, intentional, malicious or reckless.
Fill out our Free Case Evaluation form right now.
Contact Our Charlotte Birth Injury Lawyers Today
North Carolina has a strict three-year deadline, also called the statute of limitations, for birth injury claims. This means that you must file a claim within three years from the date of the injury, otherwise you lose the right to file a claim and you will be unable to obtain compensation for your child’s injury.
You should not hesitate to contact our Charlotte birth injury lawyers to find out if you can file a claim. Our attorneys can determine the deadline for your claim and make sure it is filed on time.
Our lawyers are aggressive negotiators who will not settle for less-than-fair compensation. We also have the resources to take your claim to trial to try to achieve a favorable resolution.
We want you to be able to move forward without suffering severe financial harm in addition to the injuries your child has already experienced.
Chat live with a representative or call 855-856-4212.