When a Birth Injury Changes Everything, You Deserve Answers — Not Assumptions

If your child has cerebral palsy, Erb's palsy, or another condition linked to complications at birth, the hardest question is often the one no one has answered directly: was this preventable? Patterson Law works with qualified medical experts to find out — and to build a claim that accounts for your child's entire future, not just today's expenses.

What Counts as a Birth Injury from Medical Malpractice

Not every difficult birth outcome is the result of negligence. But when a doctor, nurse, or hospital fails to meet the accepted standard of care during labor and delivery — and that failure causes harm to the baby — it is medical malpractice. Common examples include failure to monitor fetal distress, delayed response to oxygen deprivation, improper use of forceps or vacuum extraction, failure to order a timely C-section, and medication errors during labor.

 

Establishing that a birth injury resulted from malpractice requires more than a difficult outcome. It requires expert medical analysis showing that a qualified provider in the same circumstances would have acted differently — and that the deviation from that standard caused your child's condition. That is exactly the work Patterson Law does before any claim moves forward.

Birth Injuries We Handle

Families in the Piedmont region come to us after receiving diagnoses that range from mild to life-altering. Each condition carries its own medical profile, causation pathway, and damages picture — and each requires attorneys who understand the medicine, not just the law.

Birth Injury Types

Cerebral palsy is among the most serious birth injury diagnoses a family can receive. It is frequently caused by oxygen deprivation during labor and delivery — a condition that trained medical staff are specifically trained to detect and respond to. When the response is delayed or inadequate, the resulting brain damage can be permanent. A cerebral palsy birth injury claim in NC must demonstrate that the oxygen deprivation was foreseeable, preventable, and caused by a specific failure in care.

Cerebral Palsy

Cerebral palsy is among the most serious birth injury diagnoses a family can receive. It is frequently caused by oxygen deprivation during labor and delivery — a condition that trained medical staff are specifically trained to detect and respond to. When the response is delayed or inadequate, the resulting brain damage can be permanent. A cerebral palsy birth injury claim in NC must demonstrate that the oxygen deprivation was foreseeable, preventable, and caused by a specific failure in care.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a form of brain injury caused by insufficient oxygen and blood flow to the infant's brain around the time of birth. It is one of the leading causes of cerebral palsy and other permanent neurological conditions. HIE claims often center on whether hospital staff properly interpreted fetal heart rate monitoring and responded quickly enough when distress was evident.

Erb's Palsy and Brachial Plexus Injuries

Erb's palsy results from damage to the brachial plexus nerve network — typically caused by excessive pulling or traction on the infant's head and neck during delivery. It can cause partial or complete paralysis of the arm. Brachial plexus injuries range from temporary weakness to permanent nerve damage, and the question of whether the injury resulted from unavoidable birth mechanics or from excessive force applied by the delivering provider is central to any claim.

Surgical Errors During Delivery

C-section errors, improper instrument use, and failure to respond to complications during surgical delivery can cause serious harm to both mother and infant. When a surgical error during delivery results in injury, the claim may involve the delivering physician, the hospital, or both — and the evidentiary picture is more complex than a standard malpractice case.

Other Birth-Related Injuries

Patterson Law also handles claims involving fractures caused by delivery trauma, facial nerve injuries, spinal cord damage, and maternal injuries resulting from negligent delivery care. If your child received a diagnosis you believe may be connected to how the birth was managed, a case evaluation is the right starting point.

Delivery Hospitals in the Kannapolis–Salisbury Region

Birth injury cases often involve records from the specific hospitals where delivery occurred. Patterson Law serves families whose births took place at Atrium Health Cabarrus in Concord — formerly NorthEast Medical Center — and Novant Health Rowan Medical Center in Salisbury, as well as other regional facilities. Familiarity with these institutions, their documentation practices, and the standard protocols in place at the time of delivery is part of how we evaluate cases efficiently and accurately.

How Patterson Law Builds a Birth Injury Case

Birth injury malpractice is among the most complex litigation in civil law. The medicine is technical, the records are voluminous, and the defense is typically a well-funded hospital system or insurer with experienced legal counsel. Patterson Law approaches these cases the way they have to be approached to win.

 

Every birth injury evaluation begins with a complete review of the labor and delivery records. We then engage qualified OB/GYN and neonatal experts to assess whether the standard of care was met and, if not, whether the deviation caused your child's condition. If the expert analysis supports a claim, we build the damages picture to reflect your child's full lifetime needs — medical care, therapy, adaptive equipment, educational support, and lost future earning capacity. The goal is a recovery that funds your child's future, not just the bills you've already received.

The NC Statute of Limitations for Birth Injury Claims

North Carolina's statute of limitations for medical malpractice is generally three years from the date of injury. But for claims involving minors, the law provides a critical protection: in most cases, the limitations period does not begin to run until the child turns 18. That means a family whose child was injured at birth in 2015 may still have a viable claim today.

 

This is one of the most misunderstood aspects of birth injury law in NC, and it causes families to walk away from cases they could still pursue. If you've been told — or assumed — that it's too late, a direct conversation with a birth injury attorney is the only way to know for certain. Patterson Law offers free consultations, and we will tell you honestly what your options are.

Questions Families Ask Us About Birth Injury Claims

  • Can I sue for a birth injury in NC if my child was born years ago?

    In most cases, yes — if your child is still under 18. North Carolina law generally tolls the statute of limitations for minors, meaning the three-year window typically doesn't open until your child turns 18. The specific facts of your case matter, so a direct consultation is the right way to evaluate your timeline.

  • What are the most common birth injuries caused by malpractice in NC?

    Cerebral palsy, Erb's palsy, hypoxic-ischemic encephalopathy, and brachial plexus injuries are among the most frequently litigated birth injury conditions. Each typically involves a failure to detect or respond to fetal distress, improper delivery technique, or a delay in necessary intervention.

  • How do I know if my child's birth injury was caused by the doctor's mistake?

    You can't know for certain without a medical expert review. Patterson Law engages qualified OB/GYN experts to analyze the labor and delivery records and determine whether the standard of care was met. That evaluation is the foundation of every birth injury case we take.

  • How long does a birth injury lawsuit take in NC?

    Birth injury cases are complex and typically take longer than standard personal injury claims — often two to four years from filing to resolution, depending on the strength of the expert evidence, the willingness of the defense to negotiate, and court scheduling. We keep clients informed at every stage.

  • What damages can I recover in a birth injury claim in NC?

    A birth injury claim can pursue compensation for past and future medical expenses, physical and occupational therapy, adaptive equipment and home modifications, educational support, pain and suffering, and your child's lost future earning capacity. The damages picture in a serious birth injury case is substantial, and building it correctly requires attorneys who understand both the medicine and the economics of long-term care.