Your baby’s safety and comfort are the most important things in your life when you are a new parent. When your child is injured during birth, it can be scary, not to mention expensive. If you and your child are the victims of negligent medical practitioners or facilities, you may be able to get compensation for your damages.
A South Carolina birth injury attorney can help you get the justice you deserve. We will investigate your case, negotiate with the at-fault party and the insurance company, and take care of all the legal details so you can focus on caring for your child.
For a free legal consultation, call 1-800-222-9529
Common Types of Birth Injuries
Birth injuries are often tied to negligent medical professionals. If you’re not sure whether your child’s condition was caused by a birth injury, a medical expert can help with a diagnosis. While there are many ways that a birth injury can occur, there are some more common types our birth injury lawyers handle:
- Brain damage
- Spinal cord injury
- Bone fracture
- Nerve damage
- Cerebral palsy
- Erb’s palsy
- Brachial plexus injury
- Shoulder dystocia
If your child suffered any of these injuries, you might have to pay for extensive medical treatment. A South Carolina birth injury attorney may be able to help you get compensation.
Birth Injury Lawyer Near Me 1-800-222-9529
What is the Difference Between a Birth Injury and a Birth Defect?
When a child, born or unborn, is affected by a congenital disease or condition, that is a birth defect. These are usually genetic, but can sometimes be caused by a dangerous or faulty drug or toxin.
According to the Centers for Disease Control (CDC), birth defects are usually caused by a combination of unavoidable factors. However, if you have been exposed to something that may have caused a birth defect, you may be able to pursue legal compensation.
When something happens to a child during or immediately after the delivery process that brings them harm, that is known as a birth injury. These are often caused by negligent medical professionals, hospitals, or medical equipment manufacturers. In that event, you may be able to pursue payment for your damages by filing a medical malpractice lawsuit.
Consult with reputable birth injury lawyers to understand your options. Your attorney might advise you to file an insurance claim against your doctor, other liable healthcare professionals, or the hospital. However, most insurance companies protect their clients and will try to deny your claim or dismiss you altogether by offering a small sum of money to make the case go away. Let an attorney handle such matters and even go as far as representing you in court, while you focus on your baby and family.
What Causes Birth Injuries?
There can be myriad factors that make a birth complicated or dangerous. While accidents happen, there’s a significant chance that your child’s injuries are due to medical negligence. Common causes of birth injuries include:
- Lack of oxygen
- Loss of blood flow to the brain
- Forceful removal from the birth canal
- Umbilical cord entrapment
- Misuse of tools like forceps or vacuum extractors
- Failure to call for a necessary cesarean section
If a medical provider fails to provide proper care, you may be able to sue them for malpractice. A personal injury lawyer will be able to investigate your case and gather evidence like medical records and witness testimony to prove negligence.
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What Damages Can I Get for a Birth Injury in South Carolina?
In any negligence case, the way to recover compensation is by proving certain damages you’ve suffered. A birth injury lawyer in South Carolina can calculate damages you’ve already experienced and expenses you’re likely to pay in the future. Damages you can recover include:
- Medical bills
- Payment for wheelchairs and other specialized equipment
- More accessible housing and vehicles
- Physical therapy
- Ongoing treatment
- Pain and suffering
- Lost wages
- Mental anguish
- Wrongful death
When you sit down for an initial consultation with one of our lawyers, they can give you a general idea of what you might recover from your lawsuit. They know what to look for to prove both economic damages, meaning financial payments, and non-economic damages, meaning damages to your quality of life.
Insurance companies don’t like to pay more than they have to. To reduce your settlement, an insurance company may try to trick or bully you so you agree to less compensation than you’re owed. That’s why it helps to have a birth injury attorney in your corner who knows what to say and do to keep them from taking advantage of you.
How Long Do I Have to File a Birth Injury Lawsuit in South Carolina?
The statute of limitations for medical malpractice involving a minor in South Carolina is up to a total of ten years. According to South Carolina Code Annotated § 15-3-545(d), there is a time limit of three years from the discovery of a birth injury, but that only extends to seven years after the injury occurred.
That limit is different for government entities, however, and the statute is complicated, so it’s best to check with a lawyer to understand how long you have to file.
Even though you have three years from the time you discover your child’s injury to file a claim, that doesn’t mean you should wait that long. Getting in touch with a lawyer as soon as possible will help ensure evidence is still available and witnesses still remember your incident. The longer you wait to seek out legal advice, the harder your case becomes.
Talk to a Birth Injury Attorney in South Carolina Today
When caring for a child who has suffered a birth injury, the emotional and financial costs can add up. Financial compensation can end that. By contacting a skilled birth injury lawyer in South Carolina, you can start on your journey to less worry and stress.
The attorneys at Birth Injury Lawyer Group are in your corner. Contact us today to get your free consultation.