What Parents Should Know About Financial Recovery After a Birth Injury in South Carolina

When a birth injury occurs, it can change everything for a family. What was supposed to be a joyful moment turns into a painful and uncertain experience. In South Carolina, families affected by a preventable birth injury often face emotional stress, long-term care needs, and financial pressure. These challenges can last a lifetime.

If your child has suffered harm due to medical negligence during pregnancy, labor, or delivery, you may be entitled to seek compensation through a birth injury claim. Understanding the types of compensation available can help you prepare for what lies ahead and make informed decisions for your family.

Understanding How Birth Injury Claims Work

A birth injury claim is a type of medical malpractice case. It allows parents to hold healthcare providers accountable for mistakes that caused harm to the baby or mother. These mistakes may involve poor monitoring, delayed C-sections, improper use of delivery tools, or failure to detect fetal distress.

To pursue compensation, you must prove that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused the injury. These cases are complex, but when successful, they can provide financial support to cover both current and future needs.

Medical Expenses and Ongoing Treatment Costs

One of the most immediate concerns after a birth injury is the cost of medical care. Some children may need surgery, physical therapy, or specialized treatment for conditions like cerebral palsy, brachial plexus injuries, or brain damage. These costs can add up quickly.

Compensation in a birth injury claim can cover:

• Emergency medical treatment

• Hospital stays and surgeries

• Follow-up appointments with specialists

• Medications and assistive devices

• In-home nursing care

• Long-term rehabilitation

If your child’s condition requires lifelong care, your legal team will often work with experts to calculate future costs so that your claim reflects the full financial impact.

Cost of Special Education and Accommodations

Birth injuries often lead to developmental delays, learning disabilities, or physical impairments that affect how a child participates in school. In South Carolina, children with disabilities may qualify for special education services through the public school system. However, not every need is fully met by the school district.

Parents often have to pay out of pocket for private therapy, tutoring, or adaptive learning tools. A birth injury settlement can include compensation for:

• Specialized educational programs

• Speech or occupational therapy

• Behavioral support services

• Assistive technology and adaptive devices

• Private schooling if necessary

These costs can be ongoing and may change as the child grows, so your legal team will usually include projections for future educational needs.

Lost Income and Loss of Earning Capacity

In many cases, one parent may need to leave work or reduce hours to care for the injured child. This loss of income can put significant strain on a family’s finances. If your ability to work has been affected, your claim can include compensation for lost wages and future earnings.

In addition to the parents’ lost income, your attorney may also factor in the child’s projected earning capacity. If the injury is severe enough to limit or prevent the child from working as an adult, compensation can reflect the income they likely would have earned over a lifetime.

Pain and Suffering for the Child

Beyond financial losses, the law also recognizes non-economic harm. A child who has experienced physical pain, emotional trauma, or a reduced quality of life because of a birth injury may be eligible for compensation under pain and suffering.

This part of the claim is more difficult to calculate, as it involves deeply personal and subjective experiences. However, courts and insurers do award compensation based on the child’s condition, the nature of the injury, and how it affects daily life.

Emotional Distress for Parents

Parents may also be compensated for their own emotional suffering. Witnessing a child struggle with the effects of a preventable injury can lead to anxiety, depression, or emotional exhaustion. In South Carolina, parents may seek damages for emotional distress in some birth injury cases, particularly when their mental and emotional health has been directly affected.

While this type of compensation is not guaranteed, it can play an important role in more severe or traumatic cases.

Home Modifications and Mobility Costs

If your child requires a wheelchair or other mobility assistance, your home may need to be modified. Birth injury claims can include costs for ramps, widened doorways, stair lifts, accessible bathrooms, and vehicle modifications.

These improvements are essential for maintaining safety and independence. They also carry high upfront costs that most families are not prepared to handle. A successful claim can help ensure these needs are covered.

Wrongful Death in Birth Injury Cases

Tragically, some birth injuries result in the loss of a newborn. In these cases, parents may pursue a wrongful death claim against the responsible healthcare provider. Compensation can include funeral and burial costs, medical expenses incurred before death, and loss of companionship.

No amount of money can make up for the loss of a child, but a wrongful death claim may help bring a measure of justice and financial relief to a grieving family.

Limits on Compensation in South Carolina

South Carolina law places certain limits on damages in medical malpractice cases. While there is no cap on economic damages like medical bills or lost wages, there is a cap on non-economic damages such as pain and suffering.

As of recent legislation, this cap is adjusted annually and varies depending on the number of healthcare providers involved. Your attorney will be able to explain how these limits apply in your case and what strategies can be used to seek maximum compensation.

How Legal Guidance Can Make a Difference

Birth injury cases involve detailed medical records, expert testimony, and complex legal arguments. An experienced personal injury lawyer can help you understand what your case may be worth and guide you through every step of the process.

Your attorney will work with medical professionals and financial experts to calculate long-term costs, negotiate with insurance companies, and, if necessary, take your case to court. The goal is to ensure your family has the resources to care for your child and secure their future.

Conclusion

If you believe your child’s injury was the result of medical negligence, the sooner you act, the better. South Carolina has a time limit—known as a statute of limitations—for filing medical malpractice claims. In most cases, you must take legal action within three years of discovering the injury. There are exceptions for minors, but it’s important to speak with a lawyer as early as possible.

While compensation cannot undo what happened, it can give your family the financial stability to focus on your child’s care and well-being. A birth injury doesn’t have to define your future. With the right support and legal representation, you can move forward with confidence.