Birth Injury Lawyer in Lee County, South Carolina
Although birth injuries can occur in the normal course of pregnancy, sometimes a child’s birth injuries are because of the negligence of a doctor. If your baby has suffered birth injuries due to medical negligence, you may have a medical malpractice case. A birth injury lawyer in Lee County, South Carolina may be able to help you recover monetary compensation.
At Anastopoulo Law Firm, we can discuss your case with you at no cost and determine how we can serve you and your family after this difficult, life-changing event.
We are Dedicated to Protecting the Rights of the Injured
We want to help you hold negligent medical care providers accountable for your baby’s harm. Our birth injury lawyers serving Lee County, SC are here to support you during what should have been a joyous time in your life. We will advise you of your rights and legal options for seeking compensation.
Our attorneys know this is not about money. It’s about seeking justice. Money can never be a replacement for a healthy child, but it can bring your family peace of mind and give your newborn the best chance at a normal life, especially if they need accommodations for health and development later in life. Our law firm will dedicate the time, attention, and resources to achieve those goals. We will move decisively to:
- Investigate and compile evidence of medical negligence
- Determine liable parties
- Gather necessary medical records and documents
- Calculate the losses your family has suffered
- Handle communication with the other parties involved
- Seek just compensation by filing a medical malpractice claim
For a free legal consultation with a lawyer serving Lee, call 803-222-2222
Recovered Compensation Can Help You Rebuild
The money we recover can rebuild your family’s life. You won’t have to stress over which bills to pay or how you will pay them. Damages you collect can cover a number of things, including:
- Your child’s continuing medical expenses
- Travel expenses
- Everyday living expenses
- Supplies and newborn care expenses
- Lost income from time off of work
- Medical equipment
- Infant rehabilitative care
- Additional essential services for your baby’s care
- Pain and suffering for your baby and your family.
Under S.C. Ann. § 15-32-220(F), Lee County medical malpractice victims are entitled to receive unlimited economic damages and up to $512,773 in non-economic damages from the negligent party as of 2021. If you can prove that the medical provider was grossly negligent, willful, wanton, or reckless when the injury occurred, you may be able to collect unlimited non-economic damages and punitive damages.
Personal Injury Lawyer Near Me 803-222-2222
Birth Injuries Can Have Different Causes
A birth injury is physical damage to an infant’s body due to a traumatic event at birth. For this reason, it is also called birth trauma. Birth injuries do not strictly take place at birth. In addition to labor and delivery, harm done in prenatal care and immediately after birth is also considered birth injury. Birth injuries can happen as a part of the natural birthing process, and in many of those cases they are minor. Those minor injuries typically heal themselves with a little time.
In other situations, birth trauma is the result of the care the mother receives from medical practitioners. Some of the common causes of birth injuries are listed below:
- Using forceps or a vacuum to remove the baby
- Excessive force in pulling baby through the birth canal
- Pressure on the baby’s head or nerves
- Lack of oxygen
- Failure to diagnose in prenatal care
- Insufficient monitoring of the mother during labor and delivery
- Improper manipulation during delivery
- Improperly prescribed or administered medication
If any of these or other causes were at the hands of a doctor, nurse, or other medical professional, you may be able to file a medical malpractice claim against them in Lee County.
Birth Injuries Usually Affect the Head, Neck, and Shoulders
There are a variety of injuries a baby might suffer in prenatal care or during delivery. Injuries to the neck, shoulders, and head are the most common; however, injuries to the face, lower limbs, and the abdomen also occur. Some of the most common types of birth trauma include:
- Cerebral palsy
- Other brain damage
- Erb’s palsy (brachial plexus palsy), which is damage to the nerves that send signals to the arms and hands
- Bruising of the face and head
- Facial paralysis
- Hemorrhaging, particularity in the skull
- Collarbone fractures and other bone fractures
- Swelling and bruising of the scalp (caput succedaneum)
- Spinal cord injuries
- Breaking of tiny blood vessels in baby’s eyes (subconjunctival hemorrhages)
Any birth injury can affect your child’s growth and development. It’s important to get help now to obtain the financial resources you need to adequately care for your baby.
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Holding the Negligent Party Financially Responsible
If the birth injury is caused by medical staff, the medical facility will be held liable in most cases. Vicarious liability comes into play when an employee’s actions lead to the harm of another, leaving the employer responsible. Rarely, there may be cases where the doctors are acting as independent contractors. In those situations, the doctor will be financially liable for the harm caused instead of the hospital.
In order to hold the negligent party accountable, you and your lawyer must prove that negligence led to your baby’s injury. The foundation of a medical malpractice claim is an “affidavit of expert.” South Carolina requires residents in Lee County and around the state to obtain a letter from a medical expert in the same or similar field explaining that the defendant violated the standard of care. The letter must show that the care the patient received was not the type of care that should have been provided under the circumstances, per S.C. Ann. §15-36-100.
Statute of Limitations for Birth Injuries in Lee County, South Carolina
If you’ve noticed any signs of injury in your newborn that you believe were caused by medical professionals, it’s imperative that you do not wait to file a medical malpractice claim. Per S.C. Ann. §15-3-545, victims have just three years from the date of injury or date of discovery to file a medical malpractice lawsuit. There may be exceptions to this for birth injury cases depending on the circumstances.
A birth injury attorney in Lee County, SC can discuss your case with you and help determine the filing deadline that applies to your unique situation. Missing the deadline could mean losing the chance to hold the negligent party responsible and getting the money you need to take care of your injured baby.
Resources for Families After Birth Injuries
Regardless of the status of a birth injury case, you can look at other resources to help your child with health and developmental needs.
- First 5 South Carolina
- Family Connection of South Carolina
- South Carolina Department of Health and Environmental Control-Special Healthcare Needs
- Hands on Health: Children’s Health Services for Lee County
- South Carolina Department of Education-Disability Resources
Get Responsive Legal Support for You and Your Baby
Anastopoulo Law Firm is here to provide responsive and supportive legal representation. If you believe your baby was injured due the medical malpractice of healthcare professionals, do not hesitate to contact us. A birth injury lawyer in Lee County, South Carolina is available. We want to help you collect the financial compensation necessary to put you and your family on the path to justice and recovery. Reach us at (800) 313-2546 for your free consultation.