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Birth Injuries Medical and Pharmacy Malpractice

Charlotte Birth Injury Attorneys

Serving Injured Children & Their Families Since 1983

Having a baby should be a joyous occasion, but if you, your baby, or both have been injured due to complications and errors during pregnancy or delivery, joy turns to stress and anguish—physically, mentally, and emotionally.

Don't feel that you need to go through this alone; we want to help. In over 37 years of practice, Charles G. Monnett III & Associates has dealt with multiple cases of birth-related injuries and errors. Our Charlotte birth injury lawyers understand how overwhelming these situations can be; we know that you need answers, and we are here to provide them. Our team offers compassionate, client-focused representation and support throughout the entire legal process.

Discuss your case with an attorney at our firm. Call (704) 859-2003 or contact us online today to get started with a free, confidential consultation.

Birth-Related Brain Injuries

Birth-related brain injuries are often a result of a lack of oxygen during the birthing process. This can lead to cerebral palsy or hypoxic ischemic encephalopathy (HIE). Although physicians are trained to recognize symptoms of cerebral palsy, they often fail to do so. Their failure may further your baby's brain injury damage.

Injury to your baby because of a medical professional’s failure to identify symptoms of cerebral palsy may be a form of medical malpractice. Because cerebral palsy is a lifelong injury, you may be entitled to a lifetime of financial benefits to cover the costs of care and special needs your baby may require.

Charles G. Monnett III was appointed by the Governor of North Carolina to the Traumatic Brain Injury Advisory Board and has served on the Board of Directors for the North Carolina Brain Injury Association for over 10 years.

Kernicterus

Kernicterus, or hyperbilirubinemia, is brain damage caused by high levels of bilirubin, the yellow pigment seen on babies with jaundice. While most jaundice conditions are not severe birth injuries, left unmonitored, kernicterus can lead to minor learning disabilities, hearing loss, cerebral palsy, or even death.

Symptoms of early onset kernicterus include:

  • Excessive jaundice
  • Poor feeding
  • Hypotonia (poor muscle support)
  • Fatigue or lethargy

As the condition worsens, symptoms include:

  • Seizures
  • Bulging in the fontanel (“soft spot”)
  • High-pitched shrieks or cries

At the most severe point of kernicterus, symptoms include:

  • High-Frequency Hearing Loss
  • An Increase In Seizures
  • Muscle Stiffness Or Problems With Movement

If your child suffered any type of brain injury as a result of medical malpractice, we can help. Contact us today to discuss your case.

Failure to Monitor Prenatally or During Labor

Errors and complications can occur at any time during pregnancy. A healthcare provider is expected to monitor, diagnose, and treat the mother and baby for complications so that the pregnancy can result in a healthy newborn and safe pregnancy for the mother. Failure to monitor prenatally, during birth, or after birth may be cause for medical malpractice. The doctor or healthcare provider must have acted in a manner that was not reasonably competent in relation to others in the same field and in a similar location.

If you suspect you did not receive the appropriate care for you and your baby, you experienced complications, and you were injured by this, please contact us for a free case evaluation.

Problems with Prenatal Monitoring

Prenatal monitoring is the foundation to the health and welfare of both mother and child.

When a mother is not adequately monitored, risks to the mother's health can jeopardize the pregnancy. Complications may include:

  • Gestational Diabetes: Too much blood glucose (blood sugar) is not good for you or your baby during pregnancy. It can lead to cesarean section (C-section) births, high blood pressure for the mother, difficult birthing due to a larger baby, low blood glucose in the baby, and even breathing problems.
  • Preeclampsia: Often this complication is not known until the mother has taken a blood pressure and urine test. High blood pressure and protein in the mother's urine puts the mother at risk for a stroke or impaired kidney function, impaired liver function, blood clotting problems, pulmonary edema (fluid on the lungs), seizures and, in severe forms, maternal and infant death. Preeclampsia can manifest very quickly, you may be normal in the morning and seriously ill by the afternoon. It is best to err on the side of caution and visit a care provider immediately.
  • Placental Abruption: When the placenta separates from the wall of the uterus (placental abruption), the baby is at risk for growth problems, premature birth, or stillbirth. If you experience vaginal bleeding while pregnant, it is imperative that you visit your care provider immediately. Your care provider should perform an examination and an ultrasound to detect placental abruption. Unfortunately, not all cases of placental abruption can be detected with an ultrasound. However your care provider should monitor you and your baby especially during times of vaginal bleeding while pregnant.
  • Placenta Accreta: The opposite of placental abruption is placenta accreta, where the placenta attaches itself too deeply to the wall of the uterus. Depending upon the severity of the attachment (accreta, increta, percreta), you and your baby may be at risk of a premature delivery. Vaginal bleeding while pregnant is a sign of this complication. Your healthcare provider should be notified immediately of vaginal bleeding to diagnose and monitor you and your baby for these complications. Placenta accreta is harmful to the mother in that you may hemorrhage in attempting to remove the placenta from the uterine wall. Other complications such as damage to the uterus and other organs, and even hysterectomy, can arise with placenta accreta. It is important that you discuss surgical options with your healthcare provider.
  • Placenta Previa: A low-lying placenta in the uterus that partially or completely covers the cervix during pregnancy is placenta previa. It is more common among women who have had more than one child, a cesarean birth, surgery on the uterus, or twins/triplets. A common sign is painless vaginal bleeding during the third trimester of pregnancy. Also be aware of premature contractions, the position of the baby (breach or in transverse position), and if the size of the uterus is larger than gestational age.

If your healthcare provider fails to monitor you and your baby during your pregnancy for these complications, and you experience one of these complications, your pregnancy may be at risk and you may have a case for medical malpractice. To determine if you have a medical malpractice case, please contact us for a free case evaluation.

Problems with Fetal Monitoring During Labor

Fetal heart rate monitoring during labor is when the healthcare provider checks the baby's heart rate to ensure that it is in the normal range, which indicates that it is acceptable to proceed with labor and delivery unless other complications are present. The care provider may either monitor the heart rate periodically or continually, depending on your pregnancy risks, the policies of the care facility, and how labor is actually going. If there are no complications or risks to your pregnancy, either way is acceptable.

If during labor there is a change in the baby's heart rate, it may be monitored more frequently and the healthcare provider should assess the cause in the change and take steps to correct it. An abnormal heart rate for an extended period of time may mean that the baby is not getting enough oxygen and may possibly cause cerebral palsy or other brain damage.

Some ways in which the doctor may correct the abnormal heart rate include:

  • Changing the mother's position
  • Giving more fluids
  • Supplementing oxygen
  • Stopping Pitocin
  • Using medications that relax the uterus or decrease contractions
  • Using a catheter to inject sterile fluid into the uterus
  • Ordering a cesarean birth (C-section)

Fetal monitoring may also allow the healthcare provider to assess the baby and mother for other signs of distress that may cause complications, like fetal hemorrhage, stillbirth, a prolapsed umbilical cord, or seizures after birth due to low oxygen.

If you experienced any of these during your pregnancy or labor, and your doctor acted negligently, you may have a case for medical malpractice. Call us today at (704) 859-2003.

Shoulder Dystocia & Other Brachial Plexus Injuries

In the moments surrounding your child's birth, nothing is more important than hearing the first cries and the subsequent reassurance from doctors that your baby is healthy. When doctors suddenly interject that your child may have suffered damage, this blissful moment transforms into a moment of panic, fear, and anxiety. Unfortunately, when a child is diagnosed with a brachial plexus injury caused by shoulder dystocia, the initial moment of turmoil for the parents is followed by years of challenges for the entire family.

Shoulder dystocia is frequently caused by delivery room errors. The doctor may fail to recognize that a baby is breech or too large to be delivered naturally. Rather than performing a C-section, the baby is forced through vaginal birth, often with the use of forceps or vacuum.

Erb's Palsy

Erb's palsy, first described by and named after Wilhelm Erb, is a condition in which the infant's neck is stretched and the muscles pulled so that the infant cannot move his/her arm effectively. This condition happens to one or two babies in 1,000 and can happen during a difficult delivery. It can also happen when a doctor pulls too hard on the baby during birth causing the stretching in the infant's shoulder.

Erb's palsy injuries are indicated by a loss of feeling in the arm and partial or complete paralysis, and the severity of the injuries falls into one of four types of nerve injuries:

  • Neuropraxia – a stretch but not a tear in the nerve
  • Neuroma – a stretch resulting in scar tissue that results in some, but not total, recovery
  • Rupture – a torn nerve
  • Avulsion – a nerve is torn from the spinal cord

Our Charlotte birth injury attorneys have extensive knowledge and understanding of shoulder dystocia and the obstetric medical malpractice which often leads to brachial plexus injury. We use our experience and skills, as well as a team of professionals to determine the extent of the injury, how the injury occurred, and how we can help you recover the financial resources you need.

Testimonials

What Our Clients Say About Us
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Proven Record of Success

  • $3 Million Cerebral Palsy

    Confidential settlement for a child with cerebral palsy as a result of birth-related brain injury.

  • $13 Million Medical Negligence Verdict

    An infant suffered an undiagnosed case of bacterial meningitis that caused severe neurological damage.

  • $8 Million Confidential Settlement

    Confidential settlement for an infant with bilateral leg amputations following improper placement of the femoral line.

  • $3.375 Million Failure to Diagnose

    Confidential settlement on behalf of a child with severe visual impairments resulting from the failure to properly diagnose retinopathy of prematurity in a newborn child.

  • $3 Million Negligent Administration of Nerve Block

    Confidential settlement for a woman with hypoxic-ischemic brain injury as a result of negligent administration of nerve block for headache.

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Premature Rupture of Membranes

The mother's water breaking is normally a sign that the baby is on the way. But if the rupture of the membranes is premature, the healthcare provider should be notified immediately and steps should be taken to prevent injury and infection to the baby. If left untreated, rupture of the membrane can lead to chorioamnionitis, an infection that may cause cerebral palsy. Although more time spent in the womb is ideal, a ruptured membrane increases complications to the baby and mother.

Typical complications resulting from a ruptured membrane are:

  • Respiratory distress syndrome
  • Neonatal sepsis
  • Umbilical cord prolapse
  • Placental abruption
  • Wrongful death of the baby

Umbilical Cord Prolapse

When the umbilical cord drops (prolapses) through the open cervix before the baby, which typically happens when there is a premature rupture of membranes, it can cause medical injury to the baby or even stillbirth.

    Doctors have multiple ways in which they can detect an umbilical cord prolapse:

    • Measuring the baby's heart rate
    • Pelvic examination
    • Feeling or seeing where the umbilical cord is

    A decreased heartbeat of less than 120 beats per minute, called bradycardia, will cause a lack of oxygen to the baby. The longer the delay in determining if the umbilical cord has prolapsed, and the longer the doctor fails to make any corrections or decisions that would help the baby, the more harm the baby can suffer.

    If your water broke and your baby suffered any of the above complications from improper medical care, contact our medical malpractice lawyers for a free case evaluation.

    Retinopathy of Prematurity

    Retinopathy of prematurity is a disease that is more prevalent with a premature birth. The baby's eyes will have an abnormal amount of blood vessels that grow, which results in a detached retina and could eventually cause blindness if undetected in time. Improper screening of a premature baby for retinopathy, lack of supplemental oxygen, poor timing of an initial examination or follow-up, and negligent examination and follow-up are all possible cases for medical malpractice.

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    • Public Justice 2020 Benefactor Member
    • Melvin M. Belli Society
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    • North Carolina Advocates for Justice
    • Primerus Member
    • North Carolina Super Lawyers 2009,10,11,12,16
    • North Carolina Advocates for Justice
    • American Association for Justice

    Contact Us for a Free Consultation

    At Charles G. Monnett III & Associates, we understand that there are few things more devastating than realizing your child has suffered due to a doctor’s negligent care. Our Charlotte birth injury lawyers can help you take action against the liable party and work to secure the recovery you and your child are owed.

    Contact us today for a free, no-obligation consultation: (704) 859-2003.

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