Our team at Shane Smith Law will review your case, free of charge, and explain your legal options.
Charlotte Birth Injury Attorney
Pursuing Justice for Babies & Families
A newborn baby is one of the most vulnerable members of society. At that young age, they are completely dependent on others for their care, safety, and survival. As a result, when something happens to a baby's health or life, it is often due to the negligence or recklessness of another person or group.
If your baby suffered a birth injury due to negligence, you have the right to seek compensation. Our Charlotte birth injury lawyer at Shane Smith Law can explain your legal options and help you pursue justice.
Contact our firm today to learn more about your legal options. Request a free consultation with our firm.
Common Types of Birth Injuries
A birth injury refers to any physical harm or damage that occurs to a newborn during the process of childbirth. These injuries can result from various factors, such as complications during labor and delivery, medical negligence, or inherent risks associated with the birthing process.
Common types of birth injuries include:
- Brachial Plexus Injury: This injury involves damage to the network of nerves controlling the arm and hand muscles. It can occur when excessive force is applied during delivery, leading to conditions like Erb's palsy or Klumpke's palsy.
- Cerebral Palsy: Cerebral palsy is a group of neurological disorders that affect a child's ability to control their body movements and muscle coordination. It can be caused by brain damage during childbirth, often due to oxygen deprivation.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury resulting from insufficient oxygen and blood supply to the baby's brain during labor and delivery. It can lead to long-term neurological and developmental issues.
- Fractures and Bone Injuries: Sometimes, newborns may sustain fractures or broken bones, such as clavicle or collarbone fractures, due to the force applied during delivery.
- Cephalohematoma: This is a collection of blood between a baby's skull and the periosteum (the membrane covering the skull bones). It can occur when there is pressure or trauma during delivery.
- Facial Nerve Injury: Pressure on a baby's face during delivery can cause facial nerve injuries, leading to conditions like Bell's palsy.
- Intracranial Hemorrhage: This refers to bleeding within the baby's brain and can result from various factors, including the use of instruments like forceps or vacuum extractors during delivery.
- Shoulder Dystocia: Shoulder dystocia happens when the baby's head passes through the birth canal, but their shoulders get stuck behind the mother's pelvic bone. This can lead to complications and potential injuries.
- Injury from Medical Instruments: The use of forceps, vacuum extractors, or other medical instruments during delivery can cause injury to the baby, such as bruising, lacerations, or even more severe trauma.
- Perinatal Asphyxia: Perinatal asphyxia is a severe lack of oxygen before, during, or after birth. It can lead to various complications and injuries, including brain damage and other organ damage.
Who is Liable for a Birth Injury in North Carolina?
In North Carolina, as in most states, if a birth injury is caused by medical malpractice, there are several parties who may be held liable for the injury.
These parties typically include:
- Healthcare Providers: This can include doctors, nurses, midwives, obstetricians, and other medical professionals who were involved in the labor and delivery process. They can be held liable if they provided substandard care or deviated from accepted medical standards, which directly resulted in the birth injury.
- Hospitals or Medical Facilities: Hospitals and medical facilities can be held vicariously liable for the actions of their employees, including doctors and nurses. They may also be directly liable if they contributed to the injury through actions such as inadequate staffing, poor training, or improper maintenance of equipment.
- Pharmaceutical Companies: If a birth injury is related to a medication or medical device used during pregnancy or labor, the pharmaceutical company that manufactured or distributed the product may be held liable if the product had defects or inadequate warnings regarding its use during pregnancy.
- Anesthesia Providers: Anesthesia errors during childbirth can lead to serious complications and birth injuries. Anesthesia providers, such as anesthesiologists and nurse anesthetists, can be held responsible for errors in administering anesthesia.
- Other Medical Professionals: Depending on the specific circumstances, other healthcare providers involved in the mother's care or the baby's care during childbirth may also be held liable. This could include radiologists, laboratory technicians, or any healthcare provider whose negligence contributed to the birth injury.
To establish liability for a birth injury caused by medical malpractice in North Carolina, you typically need to prove the following elements:
- A duty of care: The healthcare provider had a duty to provide a certain standard of care to the patient, which is usually established through a doctor-patient relationship.
- Breach of duty: The provider breached the standard of care through negligence, recklessness, or willful misconduct.
- Causation: The breach of duty directly caused the birth injury.
- Damages: The birth injury resulted in specific damages, such as medical expenses, pain and suffering, or long-term disability.
How We Can Help
When a newborn baby suffers a birth injury, it can be a difficult and overwhelming time. You may be unsure of what to do next. You may worry about how this will impact your family's future. You may be wondering if you will be able to afford the medical care your child will need. You may be wondering if you should fight for compensation for your child's injuries. At Shane Smith Law, we can help you answer these and other important questions.
We can help you seek compensation for:
- Medical bills
- Future medical care
- Lost wages
- Pain and suffering
- Permanent disability
- Loss of consortium
- Funeral expenses
At Shane Smith Law, we know how to navigate the legal system and handle complex cases. We understand how to build a strong case and can advocate for your rights. Our Charlotte birth injury lawyer can help you seek justice for your baby and your family.
Contact Our Firm Today
If your newborn baby has suffered a birth injury, you may be entitled to compensation. At Shane Smith Law, we can help you seek justice for your child and your family. We can help you understand your legal rights and can help you fight for the compensation you need to provide for your child's care. We can help you seek justice for your family.
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