Law Office of Thomas D. Bumgardner, PLLC Law Office of Thomas D. Bumgardner, PLLC
704-870-4779
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North Carolina Birth Injury

Birth Injury Lawyer in Ballantyne, NC

Your Advocate for Justice in Birth Injury Cases

Birth injury can forever change a child’s future and often have permanent damaging effects, whether physical, cognitive, or both. When the birth injury is the result of medical negligence or medical malpractice, a claim or lawsuit can be filed to seek justice. 

The Law Office of Thomas D. Bumgardner, PLLC is here to help you and your family. Contact us online or call (704) 870-4779 for a free consultation. 

Birth Injury Claims: Your Advocate for Justice in Ballantyne & Beyond 

When something goes wrong during the birth process, it can lead to serious, permanent, or fatal damage. Some types of birth injuries that may be the result of a medical malpractice or medical negligence include:

  • Brain Damage: When the unborn child does not receive enough oxygen, it can lead to permanent brain damage. A failure to monitor the child and take immediate action to resolve various situations, including umbilical cord complications, placental abruption (placenta separates before delivery), or other complications, may be due to medical error. 
  • Cerebral Palsy: Cerebral palsy is the result of abnormal brain development. In some cases, this stems from a lack of oxygen during the birth process, an untreated infection during pregnancy, or untreated jaundice, uterine rupture, or other birth complications.

Injuries Continued

  • Erb’s Palsy: When the nerves at the neck and upper shoulder are damaged during birth, it may cause muscle weakness in the arm or shoulder. This condition may result from physical injury caused by incorrect use of medical tools or from traumatic force. 
  • Kernicterus: When jaundice is untreated, it can lead to serious complications, including damage to the brain or nervous system.
  • Brachial Plexus Injuries: The nerves traveling from the neck to the shoulder—if crushed, stretched, or ripped—can cause abnormal development; weakness; paralysis of the shoulder, arm, or hand; and/or Horner’s Syndrome, in which the baby has a drooping eyelid, along with other complications.
  • Spinal Cord Injuries: When a baby is not positioned correctly for birth, it may lead to spinal cord injuries and permanent paralysis. If the medical professionals did not identify the situation early and perform a cesarean section, it may be a case of medical malpractice. 
  • Klumpke’s Palsy: An injury to the network of nerves extending from neck to shoulder, Klumpke’s palsy affects the motion of the lower arm and hand and can impact the nerves of the face. 
  • Shoulder Dystocia: When the baby’s shoulder is stuck in the pelvis of the mother, it can case permanent damage to the baby’s nerves.

The first step in determining whether your child was injured due to medical negligence is to meet with a Ballantyne birth injury attorney and discuss what occurred.

Birth Injury Overiew

Common Causes of Birth Injuries

Birth injuries can occur due to various factors before, during, or immediately after delivery. Common causes include:

  • Prolonged or Difficult Labor (Dystocia): When labor is prolonged, the baby may experience excessive pressure or trauma during delivery. Difficult labor may increase the risk of oxygen deprivation or mechanical injuries.
  • Large Baby (Macrosomia): Babies weighing more than 8 pounds 13 ounces (4,000 grams) are at higher risk of birth injuries due to difficulty passing through the birth canal.
  • Premature Birth: Babies born before 37 weeks are more fragile, with underdeveloped organs and weaker muscles, making them more vulnerable to injuries.
  • Abnormal Fetal Position: Breech (feet-first) or transverse (sideways) positioning can make delivery more complicated and increase the risk of injury.
  • Use of Forceps or Vacuum Extraction: Assisted delivery tools like forceps or vacuum extractors can sometimes cause bruising, fractures, or nerve damage if not used properly.
  • Oxygen Deprivation (Birth Asphyxia): Conditions such as umbilical cord compression, placental abruption, or prolonged labor can restrict oxygen supply to the baby, leading to brain damage or conditions like cerebral palsy.
  • Maternal Health Conditions: Conditions such as diabetes, high blood pressure, or infections can complicate labor and increase the risk of birth injuries.
  • Medical Negligence: Errors such as failing to monitor fetal distress, delaying necessary interventions like a C-section, or improper use of medical instruments can contribute to birth injuries.

Who is Liable? 

Liability for a birth injury depends on the circumstances of the case and who was responsible for the injury. The following parties may be held liable:

  • Obstetricians (Doctors): If a doctor fails to properly monitor the pregnancy, detect fetal distress, or perform necessary interventions (e.g., C-section), they can be held liable for medical negligence.
  • Nurses and Medical Staff: Nurses or other healthcare providers may be responsible if they fail to monitor the mother and baby correctly, administer medications improperly, or delay reporting complications.
  • Hospitals and Birthing Centers: Healthcare facilities can be held liable for inadequate training, understaffing, or failure to maintain proper medical equipment, leading to a preventable birth injury.
  • Anesthesiologists: If anesthesia is improperly administered, leading to complications such as oxygen deprivation, the anesthesiologist may be liable.
  • Pharmaceutical Companies: If a drug prescribed during pregnancy or labor causes harm due to undisclosed side effects or manufacturing defects, the pharmaceutical company may be responsible.
  • Medical Device Manufacturers: If defective medical tools (e.g., forceps, vacuum extractors, fetal monitors) contribute to a birth injury, the manufacturer may be liable for product liability.

 

Nationally Recognized Attorney Serving Union County, Mecklenburg County, & Gaston County 

At Law Office of Thomas D. Bumgardner, PLLC, we represent the complex birth injury cases that many other firms shy away from. Attorney Thomas Bumgardner is listed as a National Trial Lawyers Top 100 and has extensive experience at trial. 

You Have Rights. We Advocate for Them. 

Your family has rights. Your child has rights. If your child suffers from a birth injury caused by professional negligence or malpractice, you may be entitled to compensation. 

We have access to professional resources, including medical specialists, who can review the circumstances of your case to determine if your child’s injuries were the result of medical error, malpractice, or negligence.

Contact us at (704) 870-4779 for a free birth injury consultation in Ballantyne.

 

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