Leaders in Birth Injury

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  • You Won’t Pay Unless We Win
  • Recovered Over $500 Million on Behalf of Our Clients
  • Led by Two of the Nation’s Top 100 Plaintiff Attorneys
  • Over 170 Years of Collective Legal Experience

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Raleigh Birth Injury Lawyers

Representing Children & Families Across North Carolina Since 1993

When obstetricians, nurses, and other medical professionals fail to uphold their duty to meet the standard of care, innocent children and pregnant mothers can be seriously harmed. At Edwards Kirby, we believe in seeking justice for families who are facing life after a birth injury. We believe in helping children get the lifelong care they need to face happier, healthier and more stable futures.

Our Raleigh birth injury attorneys have been particularly noted for their success in handling cases involving malpractice. We won the largest medical malpractice jury verdict in North Carolina history and negotiated the state’s largest birth injury settlement in a case involving medical negligence resulting in cerebral palsy. These are complex cases, but we have the resources and skill to succeed.

To discuss your birth injury case with a competent and caring attorney, call (919) 897-7662. Your consultation is free and confidential.

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Nationally Recognized Attorneys

Backed by Over 170 Years of Combined Legal Experience

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Types of Birth Injuries

Cerebral palsy is one of the most severe and recognizable consequences of delivery room negligence, but other permanent or life-threatening conditions can jeopardize either the infant or the mother.

Some other types of birth injuries include:

  • Uterine ruptures from negligent C-section procedures or ruptures of previous uterine scars; the fetus can suffer brain damage if protruding into the abdominal cavity.
  • Kernicterus, a type of brain damage caused by severe jaundice, which can occur if jaundice is not diagnosed or treated properly.
  • Cephalohematoma, or bleeding in the brain, caused by improper use of forceps on the head of a fetus in an instrument-assisted delivery.
  • Fetal distress or trauma caused by the failure to properly monitor vital signs or respond to sudden changes in heart rate or blood oxygen levels.

Common Questions

What’s the difference between a birth defect and a birth injury?

Birth injuries, in the context of personal injury lawsuits, are injuries which occur during labor, delivery, or shortly after childbirth. Birth defects, however, are congenital, meaning they are present at birth.

If a mother or baby suffers injuries, their right to pursue legal action will depend on proving the injuries could and should have been prevented had medical professionals upheld their duty to meet the accepted standard of care.

A failure to meet this “duty of care” is negligence, and it can be grounds for legal action. By contrast, birth defects are typically caused by genetic mutations and unknown factors, rather than medical negligence. In some cases, families of children with birth defects may have grounds for claims against other liable parties, such as landowners or product manufactures responsible for toxic exposure, defective products, or unsafe medications.

How do I know if a doctor is responsible for my child’s birth injury?

Generally, medical providers can be held responsible for birth injuries caused by negligence. However, not every situation involving an injury to mother or child means negligence occurred, as doctors are obligated only to act in a manner a reasonably skilled medical professional would have acted under the same or similar circumstances.

Because birth injury cases involve highly technical concepts of medicine and law, determining liability requires thorough investigation and collaboration with medical experts. Edwards Kirby works with expert witnesses who help define the standard of care in a particular situation, assess whether a doctor or another provider failed to meet that standard when treating mothers and newborns, and explain how different steps taken by providers would have avoided injuries and damages suffered by victims.

How long do I have to file a birth injury lawsuit in North Carolina?

In North Carolina, birth injury cases are subject to a statute of limitations – essentially, a time window during which you can file a claim and seek compensation for your damages. If a statute of limitations expires, you may not be able to file a claim or recover damages. Because of the time limits that apply to these claims, it is important that you contact our office as soon as possible to get your potential claims evaluated.

What are some of the most common causes of birth injury?

Birth injury cases can vary widely, and involve a range of injuries, disabilities, and life-long limitations caused by substandard medical care. Though negligence takes many forms, some of the most common causes of preventable birth injuries include:

  • Oxygen deprivation / failures to monitor and identify signs of fetal distress, which can result in permanent brain damage and conditions like cerebral palsy or hypoxic ischemic encephalopathy.
  • Failures to diagnose and / or adequately treat risk factors that can lead to complications, including maternal high blood pressure (preeclampsia) and infections.
  • Failures to appropriately or timely treat mothers or newborns, including failures to perform C-sections or therapeutic head cooling.

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Call (919) 897-7662 or fill out our online form to request a free consultation. You won’t pay unless we win!

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