Birth Injury Lawyer
Birth Injury Attorneys in NC, SC & GA
The birth of a child should be a joyful occasion, but when medical negligence occurs during pregnancy, labor, or delivery, the consequences can be devastating and lifelong. Birth injuries caused by medical malpractice can result in cerebral palsy, Erb's palsy, brain damage, and other permanent conditions that require a lifetime of medical care. At Dr. Ted Injury Law, our birth injury attorneys have the medical knowledge and legal expertise to hold negligent healthcare providers accountable and secure the resources families need to care for their injured children.
Birth injury cases require a deep understanding of obstetric medicine, fetal monitoring, and neonatal care. Our attorneys work with leading medical experts to investigate what went wrong during delivery and whether the injuries could have been prevented with proper medical care.
Common Types of Birth Injuries
- Cerebral palsy — A group of disorders affecting movement, muscle tone, and posture, often caused by oxygen deprivation during birth.
- Erb's palsy (brachial plexus injury) — Nerve damage in the shoulder area caused by excessive pulling or force during delivery.
- Hypoxic-ischemic encephalopathy (HIE) — Brain damage caused by reduced oxygen and blood flow to the brain during labor or delivery.
- Intracranial hemorrhage — Bleeding within the skull caused by traumatic delivery or vacuum/forceps use.
- Bone fractures — Clavicle and other fractures from difficult deliveries.
- Facial nerve paralysis — Damage to facial nerves from forceps use or prolonged pressure during delivery.
- Spinal cord injuries — Rare but devastating injuries from excessive traction during delivery.
- Kernicterus — Brain damage from untreated severe jaundice in newborns.
Common Causes of Birth Injuries
- Failure to monitor fetal heart rate and recognize signs of distress
- Delayed cesarean section when vaginal delivery becomes dangerous
- Improper use of forceps or vacuum extractors
- Excessive force during delivery
- Failure to diagnose and manage gestational diabetes, preeclampsia, or infections
- Inadequate response to umbilical cord complications
- Failure to plan for high-risk deliveries
- Medication errors during labor and delivery
State-Specific Birth Injury Laws
North Carolina
Birth injury cases in North Carolina are governed by the medical malpractice statute. Rule 9(j) certification is required. The statute of limitations is 3 years from the negligent act, but for minors, the statute does not begin to run until the child reaches 18. There is also a 4-year statute of repose from the date of the negligent act. Contributory negligence may apply to the parents but not to the injured child.
South Carolina
South Carolina requires a Notice of Intent to File Suit with an expert affidavit. The statute of limitations is 3 years from the act. For minors, the statute is tolled until age 18. A 6-year statute of repose applies from the date of the act.
Georgia
Georgia requires an expert affidavit filed with the complaint. The statute of limitations is 2 years from the act. For minors under 5, the statute is tolled until the child turns 5, giving until age 7 to file. A 5-year statute of repose applies.
Lifetime Cost of Birth Injuries
Children with severe birth injuries like cerebral palsy may require lifetime care costing millions of dollars. Expenses include specialized medical care and surgeries, physical, occupational, and speech therapy, assistive devices and adaptive equipment, special education and behavioral support, home modifications, full-time caregiving, and lost future earning capacity. Our attorneys work with life care planners, economists, and medical experts to calculate the full lifetime cost of care and ensure families receive adequate compensation.
Contact Us
If your child suffered a birth injury, contact Dr. Ted Injury Law for a free consultation. Time limits apply, so act promptly to protect your family's rights.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.