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.
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:
Some examples of birth injuries include:
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.
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.
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.
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.
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.
