South Carolina Birth Injury Attorney
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South Carolina Birth Injury Attorney
Birth injuries are traumatic and can be life-lasting injuries for the baby. Unfortunately, accidents happen during medical procedures during birth. Many of those accidents are preventable. There is a shocking amount of negligence associated to births in South Carolina. South Carolina has one of the highest infant mortality rates and ranks 46th in infant mortality.
In South Carolina, the preterm birth rate among black women is 56% higher than the rate among all other women.
We help infants and their families gain the most financial compensation for their injuries and future medical bills as a result of birth injuries.
What should I do if my child is injured during birth?
How do I get my baby the care they require?
If your baby is injured because of a medical providers’ negligence, it is nearly impossible to calculate the financial burden the family and infant may face as a result, nonetheless the emotional pain, suffering, and hardship you are going through. However, rest assured you and your child are in great hands. We work with top experts and economists to calculate past and future anticipated expenses for raising your baby and for your baby to comfortably live through their life. We have you covered and can help get you the compensation you and your child deserves.
Common types of birth injuries
Keibler Law Group handles catastrophic injury and medical malpractice claims including birth injuries. Below are examples of birth injuries we handle:
- Cerebral palsy
- Hypoxic-ischemic encephalopathy
- Brachial plexus injuries
- Erb’s palsy
- Broken bones
- Traumatic brain injury
What are common causes of birth injuries
One of the main causes of birth injuries are delayed births or labors that last over 18 hours. Long labors are difficult and the compression on the brain can become too much for the baby. When this happens, there may be signs of fetal distress and the baby’s blood pressure may start to rise.
Another common birth injury is oxygen deprivation. This happens when the baby having underdeveloped lungs or low birth weight, but it can also occur from a bent or prolapsed umbilical cord. Oxygen deprivation can result in brain-related injuries and can range from mild to severe. Some of these brain injuries may only last a few days, others may last a lifetime.
Birth injuries can be the result of medical malpractice. Medical malpractice can result in delayed birth, blunt force trauma, or oxygen deprivation. Doctors, nurses, and hospitals can make mistakes for a variety of reasons including inattention, exhaustion, forgetfulness, or inexperience. Causes of birth injuries are:
- Failure to monitor for a heartbeat or breathing
- Failure to notice cues or signs of distress
- Failure to perform a timely, emergency cesarean surgery (c-section)
- Failure to administer medication or administering the wrong amount of wrong type of medication to the mother
- Manipulating, pulling, or twisting the infant incorrectly
- Relying on birth-assisting tools, for example improperly using forceps or a vacuum extraction tool
How much is a birth injury case worth in South Carolina?
Every case is different and, therefore, it depends. However, if you hire an experienced and creative attorney like Keibler Law Group, they can rely on top resources, experts, and technologies to convince a jury, the court, and opposing counsel to pay more.
No one can determine how much any case is worth without first analyzing the facts. However, there are certain factors you can use to make an approximate estimation of your claim.
First, you must look at the “economic” damages or those you can quantify. This can be challenging in a birth injury case because it is difficult to quantify loss of future income and anticipated future medical expenses for a severely injured baby. Again, experts and creative lawyers can help get you and your family the compensation you and your baby deserve. Then you can recover additional, “non-economic” damages for pain and suffering and other damages that are more difficult to quantify. Finally, depending on the particular circumstances, you may be able to recover punitive damages – or damages designed to punish the wrongdoer and deter future bad actors.
The main factor that will affect the value of your claim is the damages, or losses you incurred. The more damages involved in the case, the more your claim is worth because you can be compensated for all of them. Some of the most common forms of damages include:
- Medical expenses
- Future medical expenses
- Future therapy treatments
- Lost income
- Pain and suffering
- Loss of earning capacity
- Permanent disfigurement or disability
You will need to consider medical malpractice damages caps too. Non-economic damages are capped in South Carolina medical malpractice actions. However, economic damages are not capped and that is why it is important to have a knowledgeable attorney to get the most compensation for your child’s injuries.
If you believe you have a case for your child’s birth injuries, reach out to us today.
What is the statute of limitations for a birth injury in South Carolina?
Three years. Keep in mind, medical malpractice claims must be brought within three years of the date of the accident. If the hospital or negligent party is a state-owned entity, this period may be two years. It is important to contact an attorney to evaluate your baby’s birth injury claim in South Carolina.
Birth injury settlements in South Carolina
Many cases, including birth injury cases, end in a settlement agreement. This is when the insurance company and/or wrongdoer or “tortfeasor” agrees to cover your costs and damages including past medical bills, future medical bills, lost wages, lost anticipated income, and pain and suffering. In return, you agree to not file a lawsuit against the wrongdoer or to dismiss an ongoing lawsuit.
You should not accept insurance company’s lowball offers. Insurers or wrongdoers may try to get you to accept less than you deserve. For traumatic brain injuries it can be particularly difficult to calculate future damages and, therefore, hiring a knowledgeable South Carolina traumatic brain injury lawyer can help get the best results available to you.
What is a Contingency Fee?
How do I pay for the lawyer?
We work on a contingency fee basis meaning the victims we represent pay nothing at all unless we win. Once you receive money from either a settlement or verdict, we receive a certain percentage of that settlement or verdict. If your lawsuit is unsuccessful, you will not owe us any attorney fees. This allows the plaintiff to reap the rewards without risk of having to pay for a loss.