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Personal Injury Law Firm | Wilmington, NC | Speaks Law Firm
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(910) 341-7570

Birth Injury Attorneys in Wilmington, NC

Speaks Law Firm helps families seek compensation if they have experienced a birth injury due to medical malpractice.
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(910) 341-7570

Has Your Family Suffered a Birth Injury in North Carolina?

When you give birth at the end of a long pregnancy, you want your baby to be happy, healthy, and well cared for. Finding out that your baby has a birth injury can be devastating — especially when your medical provider is to blame.

You may be able to pursue compensation that can help you meet your new parental responsibilities while helping your child overcome the hurdles that lay ahead. Our birth injury attorneys are experienced in identifying the causes and liable parties in a birth injury medical malpractice case.

Birth injuries can be linked to a wide range of causes. These injuries often occur due to complications in labor and delivery or improper prenatal medical care.

Birth injuries are not always a medical provider’s fault. However, when an injury was avoidable, the medical provider should be held accountable for their wrongdoing.

Our attorney team can help you investigate your baby’s birth injury, seek compensation, and hold the at-fault party responsible.

Medical Malpractice Causes of Birth Injuries

The exact cause of a birth injury can sometimes be challenging to establish, especially if the medical provider does not want to admit fault. However, birth injuries often occur in the following medical malpractice scenarios:

  • Failure to recognize medical disorders
  • Improper use of delivery instruments
  • Failure to identify and respond to fetal distress
  • Failure to perform a necessary C-section
  • Improper evaluation of a baby’s health in utero

Some examples of birth injuries include:

  • Cerebral Palsy
  • Erb’s Palsy
  • Asphyxia
  • Hypoxia
  • Anoxia
  • Traumatic Brain Injuries
  • Spinal Cord Trauma
  • Placental Absorption
  • Intracranial hemorrhage
  • Fetal Distress
  • Infant Wrongful Death
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The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallote, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.

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Why Choose Speaks Law Firm?

Accidents can happen at any time. You can be as careful as you can be, but you can never predict the action of others out on the road. When this happens, you need someone to speak on your behalf to fight for your rights. Speaks Law Firm is here for you.

  • Our People. Our team is our main differentiator. We hired each one for their solid background and experience in the field. This all-star cast of talented, dedicated, and accomplished legal professionals cares about your case. With over 20 years of experience, we will do our best to fight for your rights.
  • Our Process. We have built collaboration into our process. Our legal professionals were selected to work at the firm due to their experience. They work together to build your case and help you reach your goals.
  • Our Commitment. You need someone committed to fighting for your rights after an accident that places you in a vulnerable position. At Speaks Law Firm, our team works hard to provide our clients in Wilmington, NC, and the surrounding areas with sound legal service. We speak for you.
  • Free Consultation. Our lines of communication are open. You can set up a free consultation if you need to discuss your personal injury case and find the right legal option for your situation.

How To Seek Compensation After a Birth Injury in North Carolina

If you believe your medical provider was responsible for your baby’s birth injury, you will face the challenge of proving their negligence was responsible for your child’s condition. You will want to seek the help and guidance of an experienced North Carolina birth injury attorney as you assess and strategize your case.

Was the birth injury preventable? Many times, birth injuries could have been prevented if a medical provider had followed the correct procedures to evaluate the situation. The medical professional’s failure to follow the established standard of care may be cause for a medical malpractice case.

There can be a fine line between preventable and unpreventable birth injuries. Sometimes, medical providers must sacrifice areas of a baby’s health to keep them alive in emergency deliveries and other urgent situations. Your baby’s birth injury may have been caused by a necessary medical procedure.

Your birth injury attorney can help you gather evidence to prove that the injury was caused by medical malpractice. With this evidence, we can prepare a case to claim compensation for expenses you have incurred due to the birth injury.

Who Is Liable in a Birth Injury Case in North Carolina?

The party responsible for your child’s birth injury is not always immediately clear. Even if you can pinpoint that a birth injury occurred due to a medical provider’s negligence, you may be unsure who was responsible for identifying or preventing this injury.

Additionally, more than one person or party may be liable for the injury. For example, when a medical provider is responsible for medical malpractice, the provider’s hospital or practice may be vicariously liable through the legal doctrine of “respondeat superior.”

Under this doctrine, if the medical provider was acting within the scope of their practice during the event that led to the injury, the hospital may be partially liable as well. This may help you claim additional compensation.

Your medical malpractice attorney can evaluate your case and help you hold all liable parties responsible for your baby’s injury. We can discuss your options during your free case review.

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How Much Compensation Can You Seek in a Birth Injury Medical Malpractice Case in North Carolina?

You can seek economic and noneconomic damages in a medical malpractice case. North Carolina only places a limit on the amount of noneconomic compensation you can seek. This limit was $562,338 as of 2020 and can account for damages such as pain and suffering or emotional distress.

There is no limit on economic damages you can seek in a birth injury case. Your attorney can help you present a compelling case to help you seek compensation to cover your baby’s medical treatment and other related expenses.

How Can a North Carolina Birth Injury Attorney Assist Your Case?

If you’re considering seeking compensation for a birth injury, you need an experienced North Carolina birth injury attorney on your side to help you through the process.

Our birth injury attorneys can help you gather evidence, communicate with all parties on your behalf, and represent you in court. They can provide legal guidance throughout your case.

Our birth injury attorneys at Speaks Law Firm are dedicated to helping you seek adequate compensation for your baby’s birth injury. At no cost to you, contact us today to schedule a free case review with our legal team in Wilmington, NC.

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Frequently Asked Questions

What is a catastrophic injury? (view full answer)
Injuries are catastrophic if they cause severe and life-altering impairment. They may leave you with chronic pain or needing live-in care or life-long medical treatment. Catastrophic injuries may also prevent you from permanently engaging in gainful work. Examples of catastrophic injuries include: Limb loss Paralysis Severe burns Spinal cord injury Traumatic brain injury Ruptured internal […]
What damages can I claim for catastrophic injuries? (view full answer)
The same damages that are available in “regular” personal injury claims are also available in catastrophic injury cases: Past and future medical expenses Lost income Reduced earning capacity Physical pain Emotional suffering Loss of enjoyment of life Punitive damages An experienced Wilmington personal injury lawyer from our Speaks Law team can evaluate your claim and […]
Should I hire a Wilmington accident attorney to handle my catastrophic injury case? (view full answer)
Although you don’t have to hire a catastrophic injury attorney, it can help your claim. Catastrophic injury cases are more complex than typical personal injury cases. Claimants usually seek higher compensation, so insurance companies do everything they can to reduce their payouts. It can be hard to face them alone without professional help. A Wilmington […]
Should I try to settle with the insurers before hiring an attorney? (view full answer)
You should never attempt to settle with the insurance company before talking to a lawyer. The adjusters will know they have the upper hand and will usually make a low offer. By that point, the only way to fix your undervalued claim is usually through costly and time-consuming litigation. If our catastrophic injury attorneys represent […]

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Hours of operation

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Speaks Law Firm is recognized by National Attorney ranking services for excellence in the fields of auto injury and workers’ compensation in North Carolina.
Copyright © 2024. Speaks Law Firm. All Rights Reserved.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship