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Tragic Effects of Birth Injuries in North Carolina

Giving birth is a taxing and emotional experience. The last thing that you want on your mind is to worry about the safety of your newborn baby. Having your baby sustain an injury during the birthing process is a traumatic and heartbreaking event. Not only do you have to deal with the tragedy of your baby’s injury, but the cost of medical treatment can also impose a financial burden on your family. If your baby sustained birth injuries in North Carolina due to the negligence of another party, you have rights. Our legal experts can help you in exploring the options that you have available for taking legal action.

Types of Birth Injuries in North Carolina

There are many different types of injuries that a baby may receive during the birthing process. These include:

  • Cerebral Palsy
  • Muscle-related Injuries
  • Brachial Plexus
  • Klumpke’s Palsy
  • Erb’s Palsy
  • Shoulder Dystocia

In some instances, birth injuries are the result of medical malpractice. One mistake during childbirth can have monumental consequences. If your baby’s injury was caused by the irresponsible actions of a medical professional, the best way to proceed is to get in contact with an expert lawyer. Our team will investigate the event and determine what the best course of action for your family is.

North Carolina Statute of Limitations

As with any type of case, there are certain rules and regulations that exist in North Carolina that one must follow when filing a birth injury lawsuit. The statute of limitations for filing a birth injury lawsuit is three years in the state of North Carolina. This means that you must file within three years of the date that the injury occurred. There are, however, exceptions to this rule. You are granted one extra year to file if your baby’s injury becomes apparent after the three year period has ended, within a reasonable amount of time.

Another exception exists in instances where an object remains inside the baby after a post-birth injury surgery. In these cases, there is a time period of up to 10 years after the date of the surgery in which the lawsuit may be filed.

Proving Medical Malpractice

In order to prove that an act of medical malpractice occurred, at least one medical expert must testify in court. The expert is required to provide the court with an affidavit which says that they examined the details of the case and that they believe that the injury was the result of medical malpractice.

Compensation in North Carolina

If you win a birth injury trial in North Carolina, there are different types of compensation that you may receive.

Non-economic Damages: These are rewarded for things that are difficult to assign a monetary value to, such as pain and the effect the injury has on one’s life.

Economic Damages: This is compensation for expenses such as medical bills and the cost of hiring a legal team.

North Carolina Birth Injury Lawyer

If your child sustained a birth injury due to the incompetence of a medical provider, you may be eligible for receiving compensation. Allow us at the Nye Law Group to provide you with the legal services that you need. Contact us at (912) 200-5230 to learn more.

 

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Charlotte, NC

704-285-6319 get directions

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912-200-5230 get directions

402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230