Birth Injury Lawyer Winston-Salem

Here for You After a Birth Injury in Winston-Salem

If your newborn child suffered a disability or deformity due to the negligence of the obstetrician or other members of the delivery team before, during, or after childbirth, contact an experienced birth injury attorney in North Carolina at Comerford Chilson & Moser, L.L.P.

Birth injuries can profoundly impact families emotionally and financially. Understanding your rights and potential legal recourse is crucial in navigating these difficult circumstances. Our team is committed to providing compassionate guidance and rigorous legal representation to help alleviate some of the burdens and allow you to focus on your child's well-being. We believe in empowering our clients with detailed information about their legal options and fostering open communication to build a trustful attorney-client relationship that supports your family's needs.

As with other medical malpractice litigation, birth injury cases are required by law to be supported by the opinion of a medical professional indicating that the defendant failed to treat the patient in a manner consistent with an established standard of care. Our birth injury lawyers in North Carolina work closely with reputable obstetric experts before your legal action is filed to investigate the circumstances of the birth injury, identify potential defendants, and articulate a specific basis of liability against the defendants with forensic medical support.

Proven Track Record in Birth Injury Cases in North Carolina

Our past success enables us to accept birth injury cases under a contingent fee arrangement. In other words, only if we win a settlement or jury verdict for you do we collect an attorney’s fee.

Birth injuries often result from a complex mix of factors, including medical negligence, unforeseen complications, or failure to respond adequately to distress signals during delivery. At Comerford Chilson & Moser, L.L.P., we bring a thorough understanding of these complexities and work tirelessly to ensure that each aspect of your case is meticulously examined. We strive to provide strategic guidance aimed at achieving outcomes that align with your family's best interests while holding those responsible for your child's injuries accountable.

Examples of birth injuries that frequently result from negligence include the following:

• Cerebral palsy
• Brachial plexus
• Shoulder dystocia
• Erb’s palsy
• Group B strep infection
• Cephalohematoma
• Other birth trauma resulting in brain damage, disability, or death

Understanding these specific injuries and their potential long-term impacts can help you and your family make informed decisions about medical care and legal options. We recognize the gravity of these situations and prioritize a personalized, attentive approach to ensure every aspect of your child's future well-being is considered in our legal strategy.

Local Insights: Navigating North Carolina Birth Injury Laws

North Carolina has specific laws and regulations impacting birth injury claims. These include statutes of limitations that dictate the timeframe in which you may file a claim, which typically must be initiated within three years from when the injury was discovered. However, there are nuances, particularly in cases involving minors, that our attorneys are adept at navigating. 

Moreover, North Carolina follows a contributory negligence rule, meaning if a plaintiff is found partially responsible for their injuries, they may not be eligible to recover damages. This highlights the importance of hiring attorneys like those at Comerford Chilson & Moser who have a deep understanding of local laws and can provide effective representation.

Additionally, birth injury cases in North Carolina often require meticulous documentation and expert witness testimony to establish that the healthcare provider deviated from accepted medical standards. Our legal team is equipped to handle these complexities, collaborating with leading medical professionals to substantiate your claim effectively. This strategic approach is crucial in overcoming legal hurdles and working towards the compensation your family deserves.

Navigating Emotional & Financial Impacts of Birth Injuries

The emotional and financial repercussions of a birth injury can be overwhelming. Families may face mounting medical bills, ongoing rehabilitation costs, and the emotional toll of caring for a child with special needs. At Comerford Chilson & Moser, we understand these challenges and are dedicated to providing not only legal guidance but also support throughout this difficult time. Our team assists clients in exploring all possible avenues for financial recovery, including medical expenses, long-term care costs, and compensation for emotional distress.

Beyond legal support, we also connect our clients with local resources and support groups in Winston-Salem to help them cope with the emotional impact of a birth injury. These community resources can be invaluable for families seeking understanding and navigating the daily challenges they face. By addressing both legal and personal needs, Comerford Chilson & Moser offers comprehensive support that extends beyond mere litigation.

Common Causes of Birth Injuries

Birth injuries can result from various factors, some of which are preventable. Common causes of birth injuries include:

• Medical Negligence: This can involve improper use of forceps or vacuum extractors, failure to monitor fetal distress, or delayed cesarean sections.
• Oxygen Deprivation: Lack of oxygen during delivery can cause severe brain damage and related conditions like cerebral palsy.
• Improper Use of Delivery Tools: Misuse of forceps or vacuum extraction devices can cause skull fractures, nerve damage, or brain injury.
• Prolonged Labor: Extended labor may increase the risk of injury to both mother and baby.
• Failure to Identify Complications: Doctors must closely monitor both mother and baby for signs of distress and act quickly to prevent injury.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case requires thorough investigation. Potentially responsible parties may include:

• Doctors and Obstetricians: If they fail to provide appropriate care during pregnancy, labor, or delivery, they may be held accountable.
• Nurses and Medical Staff: If monitoring equipment was misused or signs of distress were ignored, they could be liable.
• Hospitals or Medical Facilities: The institution itself may be liable for inadequate staff training, poor protocols, or failing to provide proper equipment.
• Medical Device Manufacturers: If a defective medical device contributed to the injury, the manufacturer may be responsible.

Schedule Your Complimentary Initial Consultation

At Comerford Chilson & Moser, L.L.P., we offer our clients highly personalized and responsive service and representation by attorneys whose credentials and record of success compare favorably with those at any law firm in Winston-Salem. 

For a free consultation about your child’s birth-related injuries, contact one of our lawyersby calling us at (336) 568-8779today.