Abbeville Birth Injury Attorney
When a baby sustains injury due to the negligent acts or omissions of healthcare professionals, parents have a right to file a medical malpractice claim. This claim allows you to seek justice and financial compensation for the harm inflicted upon your newborn child.
If your baby suffered a birth injury at the hands of your doctor, nurse, midwife, or another medical professional, an Abbeville birth injury lawyer could help. Poulin | Willey | Anastopoulo, LLC. in South Carolina has helped personal injury victims for more than 25 years. You can discuss your case with us during a free consultation.
Why File a Medical Malpractice Claim for Your Child’s Birth Injury in Abbeville?
Birth injuries due to medical error are not an acceptable risk of delivering a baby. The doctors who handled your care or the medical facility that employed them should be held accountable.
Unfortunately, the emotional weight and responsibility of caring for your injured baby could make it challenging for you to pursue justice on your own. However, with our help, you can devote your time and attention to your family while we devote ours to your Abbeville birth injury case.
We’ll seek maximum compensation on your behalf. For example, money from a personal injury case can help cover medical care, travel expenses, or time off from work.
You Could Recover the Money Needed to Care for Your Child Adequately
Filing a case for medical negligence allows you to get the money you need for your baby. In a medical malpractice case, you could recover compensation for:
- Lost wages
- Medical costs
- Assistive devices
- Travel costs
- Prescription medications
- Home modifications
- Essential supplies and services
- Emotional distress
- Lost quality of life
- Pain and suffering
Our Legal Team Will Gather Proof of Damages
To gain a picture of your economic and noneconomic losses, we may collect any of the following documents:
- Medical bills and records
- Check stubs
- Work schedules
- Bank statements
- Project estimates (for independent contractors)
Because we cannot calculate your noneconomic losses using tangible documentation, we often speak with experts to understand how those losses will affect your child and how that impact translates monetarily. These calculations help us make sure we seek the compensation you deserve.
For a free legal consultation with a birth injury lawyer serving Abbeville, call (800) 777-7777
An Abbeville Birth Injury Lawyer Can Help You Prove the Doctor was Negligent
Besides calculating your claim’s worth, taking on a birth injury case means our lawyers serving Abbeville must build a case demonstrating negligence. In medical malpractice claims, finding negligence means these four elements occurred.
#1. The Medical Staff Had a Duty to Provide Your Baby Health Care
An established doctor-patient relationship must exist to pursue a medical malpractice claim. A court usually acknowledges this association since you hired the doctor or went to the hospital to give birth.
#2. You Did Not Receive the Accepted Standard of Medical Care
The medical professionals failed to provide you with the standard of care expected of their field. Their actions must match what another practitioner with similar training would have taken in the same situation. To pursue your claim, another doctor in the same field must confirm that the medical professional who treated you and your baby did not meet this standard of care.
#3. The Healthcare Professional’s Medical Error Injured Your Baby
The inadequate care you received led to your baby’s birth injury. Our Abbeville medical malpractice lawyer must show how the doctor or nurse’s medical error substantially caused the harm your child suffered (the proximate cause).
#4. You Suffered Damages Due to the Medical Negligence
The medical practitioner’s negligent care resulted in you and your baby suffering compensable losses under South Carolina law. These are the medical and other necessary expenses caused by the birth injury, along with noneconomic damages like pain and suffering.
Abbeville Birth Injury Lawyer Near Me (800) 777-7777
How Long Do I Have to File a Medical Malpractice Lawsuit in Abbeville?
Typically, S.C. Ann. §15-3-545 allows three years to file medical malpractice lawsuits from the date of injury or the date the injury was discovered. However, in birth injury cases, the law allows an exception due to the child’s age.
Speaking to an experienced birth injury attorney serving Abbeville will clarify how the filing deadline applies to your case. However, initiating legal action right away is recommended so you preserve your right to compensation in court.
Financial Responsibility for My Child’s Birth Injury
Generally, if medical personnel are negligent, the “vicarious liability” doctrine also makes the hospital or medical facility where they work liable for your child’s birth injury. Medical facilities must carry insurance to cover any incidents involving their medical staff.
However, how a doctor or other medical provider sets up their medical practice could affect liability. Fortunately, our team can determine liability and claim against the correct parties.
You might be able to hold a hospital directly responsible for medical negligence if it fails its duty to keep you safe from harm. For example, a hospital might not have performed due diligence inquiring into a physician’s credentials or past conduct before hiring them. The facility might also have disregarded concerns, misconduct, or other ethical issues and allowed the medical professional to remain on staff.
Another issue involves understaffing. Hospitals must have enough medical professionals on duty to handle any situation.
Hospital administrators should know that either situation could lead to decreased quality of patients’ medical care. As a result, you could claim against the hospital directly for its negligence.
Suppose a pharmaceutical company fails to inform the physician of the risks associated with medication or a medical device. In that case, you could hold them liable for the birth injury under product liability laws
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We Can Help You Navigate This Difficult Journey
You and your child deserve every chance at the future you once envisioned. So, let Poulin | Willey | Anastopoulo, LLC. fight to make it happen. An Abbeville birth injury attorney on our team can file a medical malpractice claim. Then, we will work hard to help you recover the money you need to provide a more comfortable life as you navigate this new terrain of medical challenges. Call us today at (800) 313-2546 for a free case evaluation.