Birth Injury Lawyer Raleigh, NC
Having a baby is a time full of anticipation, hope, and anxiety. You are hopeful that your baby will be born perfectly, yet you are anxious that everything will go smoothly. While birth injuries are uncommon, they can still happen even during otherwise uneventful births. A birth injury is any type of damage caused to a baby before, during, or shortly after labor and delivery.
If you suspect that the injury was preventable and happened as a result of negligence, you need to contact an experienced medical malpractice attorney. Even though you will be in a traumatic situation, taking care of the future is imperative.
A birth injury lawsuit can help you get the compensation you need to care for a disabled child who suffered a birth injury as a result of negligence or malpractice. Gloria Becker is experienced in medical malpractice and can guide you through the stressful time with options that work for you.
Symptoms of Birth Injuries
Symptoms of birth injuries vary depending on the type of injury and severity. Some symptoms are immediately obvious, while others are difficult to detect at first.
These are some possible signs a baby may have suffered a birth injury:
- Abnormal muscle tone
- A curled hand
- An arm or leg that doesn’t move
- Excessive drooling
- Poor reflexes
- Crying with an arched back
- Difficulty suckling or swallowing
- Excessive, high-pitched crying
- Low oxygen levels
- Sensitivity to light
As a baby grows and develops, other signs of injuries may become evident. Here are some examples:
- Delayed speech and language skills
- Delayed cognitive skills
- Delayed movement milestones, like crawling or walking
- Difficulty eating or drinking
- Difficulty with fine motor skills
- Hearing or vision impairments
- Unusual muscle tone
- Involuntary movements or spasms
- Seizures
Causes of Birth Injuries
Many injuries at birth are caused by perinatal asphyxia, which is a decrease in blood flow or a drop in oxygen in the baby’s blood during delivery or just before or after delivery. Multiple factors and birth complications can cause asphyxia in a newborn, such as:
- Placental abruption is the separation of the placenta and the uterine wall
- Obstructed blood flow in the umbilical cord
- An infection in the fetus
- Severe hemorrhaging or illness in the mother
- Drug use by the mother
- Abnormal fetal development
Consequences of perinatal asphyxia can range from mild to severe and temporary to permanent. The severity depends on factors such as the duration of asphyxia and how it is treated. Cerebral palsy is a common consequence of prenatal asphyxia.
Cerebral Palsy
Cerebral palsy (CP) is a group of neurological conditions that is caused by a lack of oxygen to the brain. It leads to impairments in motor skills, muscle tone, and movement. The effects of CP vary widely by individual and may be mild to debilitating. There are treatments for CP, but no cure.
Injuries to Nerves
Many injuries at birth involve nerves. Here are a few of the most common nerve injuries.
- Brachial Plexus Injuries and Erb’s Palsy: The brachial plexus is a bundle of nerves that controls arm movement and feeling. Several birth injuries are included under brachial plexus injuries, and the most common is Erb’s palsy.
- Facial Nerve Damage: A facial nerve can be damaged when forceps compress the nerve or are squeezed in the birth canal.
- Laryngeal Nerve Damage: Damage to the laryngeal nerve may affect a child’s ability to breathe and swallow. It may also cause paralysis of the vocal cords. This damage often occurs when an infant’s head turns to the side during childbirth.
- Spinal Cord Damage: In very rare cases, the spinal cord may be stretched and damaged. This is a severe injury. The result is typically paralysis below where the damage occurred. Spinal cord injuries are most often permanent and leave a child with lifelong paralysis of a part of the body.
- Brain Damage: Injuries that occur during childbirth or in the womb before delivery have the potential to cause brain damage. Fractures may cause brain damage, but most often they do not.
- Wrongful Death: Most birth injuries do not lead to the infant’s death, but it is possible. Infants die every year because of injuries caused at the time of birth. A few types of injuries are more likely to be fatal if severe. For instance, HIE, or lack of oxygen to the infant’s brain, if severe enough, may cause significant brain damage and lead to the child’s death. This may happen during a difficult labor if the infant gets stuck in the pelvic area or the birth canal or gets choked by the umbilical cord.
Are Birth Injuries Preventable?
The death of an infant is always a tragedy, but if it could have been prevented with better medical care, the loss is even more devastating. Even when a child is born with a birth injury that isn’t fatal, that child may have to live with lifelong complications.
Some reasons that birth injuries or fatalities could have been prevented include:
- Failure to detect and treat a mother’s infection while pregnant
- Side effects from prescribed medication errors
- Failure to detect potential issues with the mother, baby, or difficult labor
- Failure to determine the need for a Cesarean section
- Failure to detect problems with the umbilical cord
- Improper use of forceps and other instruments
What are the Steps to Take?
If you suspect that a birth injury was due to negligence, you will need to prove the medical negligence (breach of duty, causation, and damages) and pursue legal action within North Carolina’s statute of limitations, which is generally three years from the date of injury.
- Consult with a Birth Injury Lawyer: It’s crucial to consult with an experienced birth injury attorney like Gloria Becker. They can assess your case, explain your legal options, and guide you through the process.
- Gather Information: Collect all relevant medical records, documentation of expenses (medical bills, lost wages, etc.), and any evidence that supports your claim.
- Determine if Negligence Occurred: A birth injury lawyer can help determine if the birth injury was caused by a breach of the standard of care by a healthcare provider. This may involve reviewing medical records and potentially consulting with medical experts.
- File a Lawsuit: If your birth injury lawyer believes there is a valid claim, he/she will file a lawsuit against the responsible healthcare provider(s).
- Negotiate a Settlement or Proceed to Trial: Your lawyer will attempt to negotiate a settlement with the defendant’s insurance company. If a settlement cannot be reached, the case may proceed to trial.
- Compensation: If successful, compensation can cover past and future medical expenses, lost income, pain and suffering, and other damages.
Frequently Asked Questions About Birth Injuries
Can I get compensation for negligence? You may be able to get compensation for a birth injury, but you will likely need to file a medical malpractice lawsuit against the healthcare provider whose negligence allegedly caused the injury.
Why should I file a birth injury lawsuit? There are many benefits to filing a birth injury lawsuit. Lawsuits can ease some challenges of caring for a child with disabilities and protect other families from experiencing birth injuries caused by medical negligence.
When should I file a birth injury lawsuit? Consider filing a birth injury lawsuit as soon as you suspect your child’s condition may be due to a medical mistake. It’s important to act quickly because there is a strict deadline for filing lawsuits, known as the statute of limitations. Once this window passes, you won’t be able to pursue legal action.
What does the legal process involve? The legal process includes gathering evidence, filing a lawsuit, potentially engaging in settlement negotiations or mediation, and potentially going to trial.
What is the difference between a birth injury and a birth defect? Birth injuries occur during childbirth, while birth defects are present from birth and can be genetic or caused by other factors during pregnancy.
What is the statute of limitations in North Carolina for a birth injury? Generally, the statute of limitations is three years from the date of the injury. However, if the injury is not immediately apparent, the statute of limitations may begin when the injury is or should have been discovered. If the birth injury results in wrongful death, the statute of limitations is two years.
Contact Gloria Becker Law Today
If you have a child who now faces birth injuries like cerebral palsy or brain damage, you may feel as if those injuries could and should have been prevented. Our birth injury lawyer, experienced in birth injuries and wrongful deaths, can help you take the steps needed to seek justice and compensation for your child. Contact Gloria Becker today if you suspect medical negligence.