Birth Injury Lawyer South Carolina

When the joy of welcoming a new life turns into a devastating experience due to a birth injury, you need advocates who will fight tirelessly for the justice and compensation your family deserves. At Mann, Blake & Jackson, we understand the emotional, physical, and financial toll a birth injury can take on your family. Specializing in personal injury and medical malpractice cases in South Carolina, our firm is committed to guiding you through the complex legal landscape to secure the best possible outcome for your case. Reach out to us today at 803-525-1645 for a free consultation with a birth injury lawyer, and let us help you take the first step towards healing and restitution.

Demystifying Birth Injury Claims in South Carolina

The birth of a child is often considered one of the most joyous occasions in a family’s life. However, sometimes this milestone is marred by the devastating occurrence of a birth injury. When healthcare professionals fail to provide adequate medical care during childbirth, the consequences can be life-altering for both the child and the family. In South Carolina, families who have experienced this traumatic event can file a birth injury claim to seek compensation and justice. 

What Constitutes a Birth Injury?

A birth injury refers to any harm or injury inflicted on an infant during labor and delivery, or shortly thereafter, due to medical malpractice or negligence. Such injuries can range from minor abrasions to severe conditions like cerebral palsy, Erb’s palsy, and brain damage. It’s important to differentiate between birth injuries and birth defects. While birth injuries are usually the result of actions or omissions during delivery, birth defects often stem from factors that occur during pregnancy and may not be related to medical malpractice.

Key Elements of a Birth Injury Claim

For a successful birth injury claim in South Carolina, you must generally establish:

  • Duty of Care: The healthcare provider had an obligation to provide competent care.
  • Breach of Duty: The healthcare provider did not meet the accepted standard of medical practice.
  • Causation: The breach of duty directly led to the infant’s injury.
  • Damages: The infant and/or the family have suffered measurable damages as a result of the negligence.

Types of Damages Recoverable

Compensation in a birth injury claim can include:

  • Medical Expenses: Past, current, and future medical costs for treatment related to the birth injury.
  • Pain and Suffering: Emotional and physical suffering endured by the child and/or the family.
  • Lost Wages: In cases where a parent has to leave their job to care for the injured child, lost wages can be claimed.
  • Long-term Care: Costs of long-term therapy, special schooling, and other necessary accommodations.
  • Punitive Damages: In egregious cases, punitive damages may be awarded to deter future negligence.

Statute of Limitations

In South Carolina, a birth injury claim typically needs to be filed within three years of the injury or from the date the injury was discovered or should have been discovered. However, exceptions do exist, especially if the victim is a minor.

Navigating a birth injury claim can be emotionally taxing and legally complicated. Skilled representation is crucial for ensuring that your family receives the justice and compensation you deserve. 

Why Speaking to an Attorney is Crucial for Your Birth Injury Claim 

Many families in South Carolina find themselves overwhelmed, confused, and burdened by medical bills, all while caring for a child with special needs due to a birth injury. When facing such difficult circumstances, speaking to an attorney skilled in birth injury claims becomes not just a choice, but an imperative. 

Complexity of Medical Cases

Birth injury cases are often more complex than other types of personal injury claims. They involve intricate medical processes and require a deep understanding of healthcare standards and practices. An experienced attorney can navigate these complex issues, identify negligence, and substantiate your claim with the right kind of evidence.

Expert Testimony

Another reason to consult a lawyer is the necessity for expert medical testimony. Skilled attorneys have a network of medical experts whom they can consult to analyze your child’s medical records, confirm the nature and extent of the injuries, and testify on your behalf.

Assessing and Calculating Damages

Birth injuries often result in long-term, if not lifelong, repercussions. Estimating the financial and emotional toll is not straightforward. An experienced attorney can comprehensively quantify these damages, taking into account future medical expenses, therapies, special schooling, and even projected lifetime care costs, ensuring you get fair compensation.

Navigating the Legal Process

The legal system is a maze of deadlines, procedures, and paperwork. A missed deadline or incorrect filing could jeopardize your case. An attorney can guide you through the legal intricacies, from filing the initial complaint to potential settlement discussions or even a court trial.

Emotional Support and Advocacy

Dealing with a birth injury can be emotionally draining. A compassionate attorney provides more than just legal advice; they can also offer emotional support and respite from some of the burdens you’re facing. Knowing someone is fighting for your rights can give you the peace of mind to focus on your family and your child’s well-being.

Understanding the Types of Damages Recoverable 

When a birth injury occurs, the emotional, physical, and financial toll can be devastating. One avenue to alleviate some of this burden is through a birth injury claim, which allows families to recover various types of damages. 

Economic Damages: The Quantifiable Losses

Economic damages refer to the calculable financial losses incurred due to the birth injury. Here are the common types:

  • Medical Expenses: This can include all hospital bills, surgeries, ongoing treatment, and any future medical expenses related to the birth injury.
  • Therapy and Rehabilitation: Children with birth injuries often require extensive therapy and rehabilitation. These costs can be claimed as economic damages.
  • Home Modifications: If the injury requires modifications to your home, like wheelchair ramps or specialized bathing equipment, these costs can be included.
  • Long-Term Care: For severe injuries that necessitate lifelong care, the cost of caregiving or specialized housing can be significant.
  • Lost Wages: If a parent must leave their job to provide full-time care for their child, lost wages can also be claimed as economic damages.

Non-Economic Damages

While money can never fully compensate for the emotional and psychological toll of a birth injury, non-economic damages aim to provide some form of restitution:

  • Pain and Suffering: The physical and emotional pain experienced by the child and the family can be included in this category.
  • Emotional Distress: The emotional toll on parents and siblings can be intense and can include conditions like depression, anxiety, and post-traumatic stress disorder.
  • Loss of Enjoyment of Life: This aims to compensate for the reduced quality of life that the child and family experience due to the birth injury.

Punitive Damages: A Rare but Powerful Tool

Punitive damages are not commonly awarded in birth injury cases but may be applicable if the healthcare provider’s conduct was egregiously negligent or malicious. The primary aim is to punish the offender and deter similar conduct in the future.

Caps on Damages

It’s important to note that South Carolina has a cap on non-economic damages in medical malpractice cases, including birth injuries. As of my last update in 2021, this cap is set at $350,000 per defendant. However, there are exceptions, and it’s critical to consult with an attorney to understand how this might apply to your case.

Reach Out to a South Carolina Birth Injury Attorney

If you’re grappling with the severe consequences of a birth injury, remember that the road to justice and financial recovery begins with a single step: speaking to a knowledgeable attorney. At Mann, Blake & Jackson, we have years of experience fighting for families just like yours in South Carolina. We are well-equipped to navigate the complexities of personal injury and medical malpractice claims so that you can focus on what matters most—caring for your child. To discuss your case and learn about your options for recovering damages, call us today at 803-525-1645 for a free consultation. It’s not just about securing financial support; it’s about ensuring a brighter future for your child.