Expectant parents often dream of their newborn’s future, not imagining that their child might suffer birth injuries before, during, or after birth. Unfortunately, for some families, this becomes a reality. In such circumstances, seeking legal counsel from experienced Charleston birth injury lawyers is essential.
At the Ted Law Firm, we are uniquely equipped to handle birth injury claims. Our skilled attorneys possess deep knowledge of both legal and medical issues, empathizing with your pain while fighting to secure your family’s future. Let us guide you through the claims process and help you understand your legal rights.
Key Takeaways:
When dealing with a birth injury claim, it’s crucial to understand some key aspects that may affect your case. Below are the most important points to keep in mind. Birth injuries can have life-altering consequences, not only for the child but also for the entire family. Understanding your rights and the legal process can empower you to take the right steps toward securing justice and fair compensation. Knowledge is power, and these takeaways will help you get started on your journey towards recovery. These considerations will help you grasp the overall process and ensure that you are fully prepared when pursuing justice for your child.
- Birth injury lawsuits require proving a breach in the medical standard of care, resulting in harm to you or your baby.
- Birth injury claims in South Carolina generally follow a medical malpractice statute of limitations, typically three years. This time frame can vary based on the specifics of each case, especially when dealing with minors. It’s crucial to consult with an attorney early to determine the exact timeline and ensure compliance with all legal deadlines.
- Our legal team offers personalized representation, operating on a contingency basis and focusing on compensation for medical expenses, pain, suffering, and punitive damages in cases of severe negligence.
Why Work With the Ted Law Firm’s Birth Injury Attorneys?
Birth injury claims can be both legally and factually complex. Our seasoned legal team at the Ted Law Firm helps clients navigate these challenging situations. As a full-service personal injury law firm, we are fully dedicated to helping families obtain the justice and compensation they deserve following a birth injury. Our commitment to providing five-star legal services extends to every client we represent.
We bring:
Our firm offers a wide range of benefits to our clients, ensuring that you receive the best possible representation. When choosing a birth injury attorney, it’s important to consider what sets us apart. Choosing the right birth injury attorney can make all the difference in the outcome of your case. At the Ted Law Firm, we not only have the skills but also the dedication and resources to stand by you every step of the way. Our goal is to relieve you of the legal burden so you can focus on your family’s well-being and being experienced personal injury lawyers, we understand what that means. Here are some of the reasons why our clients choose us:
- Years of experience representing injury victims throughout Charleston, South Carolina, and beyond.
- A strong reputation, including securing millions in settlements and verdicts for clients.
- An extensive network of legal resources to ensure the best representation possible.
- Knowledge of local medical malpractice laws and court systems to streamline the claims process. Our attorneys are well-versed in South Carolina’s unique legal nuances, including how courts typically handle birth injury claims, which allows us to effectively strategize for each client’s situation.
- No upfront legal fees—we offer free consultations, and you pay nothing unless we win.
What to Expect During a Birth Injury Claim in South Carolina
If you believe your child suffered a birth injury due to medical negligence, our attorneys can evaluate your situation and gather essential evidence to prove fault. Important evidence for birth injury claims includes:
The birth injury claims process can be overwhelming, but understanding the type of evidence required can make it less daunting. Gathering evidence is a critical component of building a strong case, and our legal team will guide you through each step. Every successful birth injury claim starts with comprehensive evidence collection. The evidence we gather will help establish liability, prove negligence, and demonstrate the impact of the injury on your family. Our attorneys will meticulously investigate every detail to build the strongest case possible for you. Here’s what we’ll look at in detail. Here are some of the types of evidence we collect:
- Medical records (mother and infant)
- Prenatal care and delivery records
- NICU records, diagnostic tests, expert testimony, and witness statements
Our skilled attorneys will file all required paperwork with responsible parties, handle settlement negotiations, and, if necessary, file a lawsuit to ensure a meaningful resolution. We also ensure that each step of the process is explained to you, providing transparency and helping you make informed decisions along the way. Our goal is to alleviate your stress by handling all legal complexities so you can focus on your family.
Types of Birth Injury Cases We Handle
Our attorneys in Charleston, Greenville, and Myrtle Beach have experience handling various birth injury cases, including:
Birth injury cases can vary significantly in complexity and severity, and our experienced attorneys are well-prepared to handle any situation. Birth injuries can take many forms, and each one presents unique challenges for the affected family. Our legal team understands the devastating consequences these injuries can have, both physically and emotionally. We have the experience needed to address a wide range of birth injuries, and we’re committed to achieving the best possible outcome for each of our clients. Here are some of the birth injury cases we have handled. Below are some of the most common types of birth injury cases we have successfully managed for our clients:
Each birth injury type requires a different legal approach based on the specifics of medical negligence involved, which is why our team customizes our legal strategy to suit each client’s needs.
We have experience with a wide variety of birth injury cases, including but not limited to the following:
- Cerebral Palsy: Cerebral palsy is a neurological disorder affecting movement, muscle tone, and posture. It is caused by brain damage in developing infants. Symptoms vary from mild to severe and include spasticity and coordination issues. Cerebral palsy is a lifelong, non-progressive condition, and treatments aim to improve function and independence. It’s a common childhood motor disability.
- Erb’s Palsy: Erb’s palsy is a birth injury affecting arm movement. It is caused by nerve damage or injury to the brachial plexus during delivery and leads to weakness, loss of motion, or paralysis in the affected arm. Treatment options for Erb’s palsy include physical therapy, and in some cases, surgery, to improve mobility and strength.
- Shoulder Dystocia: Shoulder dystocia is a delivery complication where a baby’s shoulder gets trapped behind the mother’s pelvic bone. This can lead to a difficult and potentially dangerous birth, requiring immediate medical intervention to prevent injury to the baby’s brachial plexus nerves, oxygen deprivation, or other complications.
- Surgical Instrument Injuries: Birth injuries caused by surgical instruments can occur during assisted deliveries using tools like forceps or vacuum extractors. These instruments, if improperly used, can lead to injuries such as skull fractures, brain damage, nerve damage, or facial paralysis in the newborn, requiring immediate and sometimes long-term medical intervention.
- Cephalohematoma and Caput Succedaneum: Cephalohematoma is a birth injury characterized by a collection of blood under a newborn’s scalp. Typically caused by birth trauma or the use of delivery instruments, it appears as a raised bump on the baby’s head. Cephalohematoma usually resolves itself over weeks to months.
- Prescription Drug Injuries: Injuries caused by prescription drugs taken during pregnancy, potentially resulting in developmental issues. Birth injuries caused by prescription drugs occur when medications taken during pregnancy adversely affect the fetus, potentially leading to developmental issues, physical malformations, or neurological disorders. These injuries can result from prescribed drugs, underscoring the importance of careful medication management in pregnancy. For example, The Journal of Research in Medical Sciences released a study indicating that certain anti-seizure medications are linked to a higher incidence of birth defects. These defects include cleft lips, organ malformations, and developmental delays. Risky drugs include Epival and Depakene.
- Injuries to Mothers: Birth injuries aren’t limited to babies—they include complications like perineal tears, cesarean complications, infections, and postpartum hemorrhage.
Liability for Birth Injuries
To prove medical negligence in South Carolina, evidence must show that a healthcare professional owed a duty of care and failed to provide it. Liability can fall on:
When a birth injury occurs, determining liability is crucial for pursuing compensation. Multiple parties may be responsible, depending on the circumstances of your case. Determining who is responsible for a birth injury is a key part of pursuing justice. Birth injuries often result from a combination of factors, and liability may not always be straightforward. Our legal team will conduct a thorough investigation to determine which parties may be held accountable. Below are some of the entities that could be liable. In many birth injury cases, multiple parties may share liability, depending on the nature of their involvement in the medical care. Identifying all liable parties is crucial to ensuring your claim covers all potential sources of compensation. The entities listed below could be held responsible. The following are potential parties that could be held accountable for a birth injury:
- Hospitals: If they hire unqualified staff involved in the birthing process.
- Doctors, Nurses, Anesthesiologists: If their actions breach the standard of care or cause complications.
- Pharmaceutical Manufacturers: When prescription drugs cause injuries due to inadequate safety warnings.
Types of Compensation Available
While nothing can undo a birth injury, compensation can help your family move forward. You may receive damages for:
Compensation can help ease the burden of caring for a child with birth injuries, and our goal is to secure the fullest compensation possible. The financial and emotional toll of a birth injury can be overwhelming. Compensation can provide much-needed relief and support to help you care for your child and move forward. Our attorneys work tirelessly to ensure every aspect of your loss is considered, allowing us to seek the maximum compensation for your family. Here are the types of damages you may be entitled to receive. The damages available can help cover a range of needs for both the child and the family. These may include:
It is essential to understand that compensation aims not only to cover current medical bills but also future expenses, lifestyle modifications, and emotional suffering caused by the birth injury. Our attorneys will work to ensure that every potential form of compensation is pursued on your behalf, which may include:
- Medical expenses and future care needs
- Lost wages and lost earning capacity
- Pain and suffering
- Special education and rehabilitation costs
- Home modifications and counseling
- Punitive damages in cases of gross negligence
- Wrongful death damages
Our attorneys leave no stone unturned in valuing your birth injury claim. We’ve secured millions for clients, and we are ready to fight for the compensation you deserve.
Costs of Hiring a Birth Injury Attorney
At the Ted Law Firm, we believe all injury victims, especially mothers and newborns, deserve the highest quality legal representation available without worrying about cost. That’s why our birth injury lawyers work on a contingency fee basis and offer free initial consultations, meaning you pay nothing unless we win your case. If you choose us as your attorneys, we will ensure you receive the personalized care you and your baby deserve.
Causes of Birth Injuries
Many factors contribute to birth injuries, often related to errors during labor and delivery. Common causes include:
Understanding the factors that contribute to birth injuries is essential for holding negligent parties accountable. Birth injuries often occur because of preventable mistakes during pregnancy, labor, or delivery. Understanding these causes can help in holding negligent healthcare providers accountable. By knowing what factors may have played a role in your child’s injury, you can better understand how to build a compelling case. Here are some of the most common causes of birth injuries. Many causes are preventable with the right medical care. Below are some of the most common causes of birth injuries:
Healthcare providers are expected to adhere to a standard of care to protect both the mother and the baby during the birthing process. When they deviate from this standard, preventable birth injuries can occur. Our thorough investigation process focuses on understanding all contributing factors, including those listed below:
- Inadequate medical care, medication errors, or anesthesia issues
- Prolonged or difficult labor, premature births, or abnormal fetal position
- Incorrect use of delivery instruments
- Oxygen deprivation or cesarean section complications
- Maternal health issues or infections
Healthcare providers must understand and manage these factors to reduce birth injury risks. When they fail, they may be held liable.
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South Carolina Birth Injury Statistics
Though specific data on birth injuries is not readily available, related infant health statistics can provide insight:
Understanding the broader context of infant health can help illustrate the prevalence and potential risks associated with birth injuries in South Carolina. The following statistics shed light on relevant trends and issues affecting families across the state:
- Infant mortality rates in South Carolina have fluctuated, with a rate of 6.8 in 2022.
- Causes of infant death include birth defects, low birthweight, and accidents.
- Significant racial disparities exist in infant mortality, with non-Hispanic Black infants having more than double the mortality rate of non-Hispanic White infants.
Birth Injury Statute of Limitations in South Carolina
The statute of limitations for birth injury claims varies:
- Parents: Generally, parents have three years from the date of malpractice or discovery of the injury to file.
- On Behalf of a Child: Claims on behalf of a minor extend to seven years from the date of malpractice, but must be filed before the child turns 19.
Consulting a birth injury attorney promptly is crucial to ensure timely filing. Missing the statute of limitations can prevent you from recovering the compensation you need to care for your child, so contacting an experienced birth injury lawyer as soon as possible is one of the most critical steps you can take.
South Carolina’s medical malpractice claim caps vary depending on the type of organization involved:
- Private, for-profit healthcare provider: The non-economic damages cap is $546,869 for a single defendant, and $1,637,608 for more than three defendants. These caps are adjusted annually for inflation based on the Consumer Price Index (CPI).
- Government-affiliated hospital: The maximum payout is $300,000.
- Government-affiliated doctor, single private provider, or private hospital: The maximum payout is $350,000.
- Multiple private providers or hospitals: The maximum payout is $350,000 per provider, with a total maximum of $1.05 million.
- Charitable organization: The damages caps are similar to those for government entities, ranging from $300,000 to $1.2 million.
Contact Us for a Free Consultation
If your child has suffered a birth injury, contact the Ted Law Firm today for a free consultation. We have a proven record of helping families recover after birth injuries. Call 888-333-5555 or complete our online form to start your case evaluation.
