Winston-Salem Birth Injury Lawyer

Winston-Salem Birth Injury Attorney

Pregnancy and childbirth can be both an exciting and nerve-wracking experience, and your medical team should be one you trust to guide you through the process. But when your child suffers a health issue as a result of someone else’s negligence, it is time to consult a Winston-Salem birth injury lawyer.

At Elam & Rousseaux, PLLC, our Winston-Salem birth injury attorneys have over 90 years of combined experience working on medical malpractice cases. Our team is dedicated to providing the compassionate support families need to hold medical professionals accountable.

Birth Injuries

The birth of a child should be one of the happiest moments of your life. When a birth injury caused by someone else’s carelessness harms your newborn, it can take a toll on your mental health and result in lifelong impacts on your child.

According to the North Carolina Division of Public Health (NCDPH), Forsyth County was one of the top five counties with the worst infant mortality rates in 2023, reporting approximately 180 infant deaths per 1,000 live births. The state overall reported 6.9 infant deaths per 1,000 live births in 2023.

Symptoms of birth injuries can show up at birth, though some will not appear until a child misses a developmental milestone or shows other signs. If you suspect your child’s injury may have been caused by a medical professional, reaching out to a Winston-Salem birth injury lawyer can help confirm or alleviate your concerns.

While there are too many birth injuries to list them all here, some of the most common birth injury cases are:

• Head injuries
• Broken or fractured bones
• Shoulder dystocia
• Spinal cord injuries
• Hypoxic Ischemic Encephalopathy
• Brachial plexus injury, also known as Erb’s palsy, which may cause arm weakness or paralysis

Documenting any injuries present at birth can help in negotiations and is a wise move that can help facilitate a better life for your infant. However, it’s important to remember that birth injuries may not show up until your child is older.

Signs at Birth

At birth, the doctor will assign what’s called an APGAR score to your child. APGAR is a test given to infants at one minute after birth and in five-minute intervals until the APGAR score is above seven.

APGAR stands for:

• Appearance (skin color)
• Pulse (heart rate)
• Grimace (reflexes)
• Activity (muscle tone)
• Respiration (breathing)

Low APGAR scores do not always correlate with birth injuries, and high APGAR scores do not rule out a birth injury showing up at a later time. However, it is important to note that low APGAR scores 10, 15, or 20 minutes after birth have a higher risk of long-term brain damage, seizures, or cerebral palsy.

If your child had a low APGAR score and now suffers from one of these conditions, a Winston-Salem birth injury lawyer may be able to help you determine if you have a case.

Signs of a Birth Injury in Young Children

Some common signs of a birth injury don’t show up at birth, but rather during the common developmental stages (around the ages of 12-24 months). Common signs could be:

• Speech delays
• Lack of muscle control/spastic muscles
• No startle response to loud noises
• Delayed motor skills
• Not bringing objects to the mouth
• Hearing or vision problems

This list is not exhaustive. If you suspect your child may have signs of a birth-related injury caused by another person, trust your instincts.

Hire a Birth Injury Lawyer

A birth injury can result in short- or long-term care for your child. Those costs can add up, putting a financial strain on a new parent. If you suspect your child’s birth injury is the result of negligence or malpractice, hire a birth injury lawyer who can help.

At Elam & Rousseaux, PLLC, a birth injury lawyer can work with industry professionals to review your case and look for evidence of causation. In any personal injury case, the claimant must prove duty of care, a breach of that duty, causation, and damages. Our experienced team can gather evidence, interview witnesses, and assemble a strong case, allowing you to concentrate on your child’s needs.

Our team has extensive experience working with local courts, such as Forsyth Superior Court at 175 N. Chestnut St.

FAQs About Birth Injury Law

What Is the Statute of Limitations on Birth Injury in North Carolina?

The statute of limitations on birth injury claims in North Carolina is three years from the date of birth. In cases where the malpractice is not discovered until much later, the statute of limitations is one year from the time of discovery. For example, if an instrument was left inside a child and wasn’t discovered until years later, the family would have one year from the point of discovery to file a case.

How Long Do Birth Injury Cases Take to Settle in Winston-Salem?

A birth injury case can take a while to resolve, although in rare cases, it may settle early. It takes time to gather medical evidence, witness statements, and medical professionals who can testify in your case. Other factors include whether the medical professionals and institutions involved are willing to settle or whether the case proceeds to trial.

Our Winston-Salem birth injury lawyers have extensive negotiating skills and are willing and able to litigate when necessary.

How Do You Prove Birth Injury?

Proving birth injury includes proving that the medical professional caused the injury. An experienced birth injury attorney will investigate your child’s medical records, any diagnostic imaging, and the medical professional’s record. They also gather witness statements and any documentation from other professionals, such as physical therapy notes for a child with low muscle tone.

What Are the Four Things That Must Be Proven to File a Medical Malpractice Claim in North Carolina?

The four things that must be proven to file a medical malpractice claim in North Carolina are:

1. Duty of care. Doctor-patient relationship
2. Breach of duty. Care fell below the standard of care
3. Causation. The doctor’s actions or failure to act caused your child’s injury
4. Damages. Your child suffered damages or trauma from the birth injury

A Boutique Firm With Big Results

At Elam & Rousseaux, PLLC, we are a boutique firm that does not believe in cookie-cutter solutions for our clients. Just as every birth injury case is unique, we believe every client is as well.

If you suspect your child has a birth-related injury, contact us for a free consultation to discuss your case.