North Charleston Birth Injury Attorney
The process of welcoming a child into the world is an exciting and usually joyful experience. However, if a birth injury happens during labor and delivery, this happy experience can quickly change.
At Anastopoulo Law Firm, we understand the impact of a birth injury on both parent and child. A North Charleston birth injury attorney from our firm can help determine if a medical provider’s actions or inactions led to the injury. And, we explain your legal options for seeking financial compensation.
How Our Legal Team Can Assist with Your Birth Injury Case
After a birth injury in North Charleston, our birth injury lawyers can help with every stage of pursuing your claim for financial compensation. Also, the process of filing a claim against a medical professional can be complex. And it usually requires multiple steps. Therefore, our team can help guide you through this process by:
- Taking the time to understand how the birth injury has impacted your life and your child’s life
- Working with medical experts to understand the full scope of the injury. And if the care provided was below the required standards
- Ensuring that you meet all filing requirements. Including the expert affidavit required under S.C. Ann. § 15-36-100
- Gathering the evidence required to show that your medical provider breached their duty of care
- Handling all correspondence and negotiation with the insurance companies and other attorneys involved
- Using the facts of your case and your specific losses to calculate an adequate settlement value
- Filing your case in court, if necessary, in time to meet the statute of limitations outlined in S.C. Ann. § 15-3-545
We understand how important it is for birth injury victims to get the compensation they need. In order to adjust to this major change in their life. Our legal team can handle every aspect of your claim after a birth injury, so your family can focus on healing.
For a free legal consultation with a birth injury lawyer serving North Charleston, call 803-222-2222
Determining If You Can Sue After a Birth Injury in North Charleston
In South Carolina, birth injury cases are governed by medical malpractice laws. Under S.C. Ann. § 15-79-110, medical providers must take the same actions that another provider would take in the same circumstances. However, when they take the wrong actions or fail to take certain actions and a birth injury happens, they may be liable for negligent care.
Even if your child suffered a birth injury during labor and delivery, certain elements must exist in your case for you to be able to sue a medical provider. You might be able to sue for a birth injury in North Charleston if someone on your medical care team caused the injury. Whether due to their actions or inactions. Our birth injury attorneys will review the facts of your case and explain your potential legal options for recovery.
Types of Birth Injuries That May Indicate Negligent Medical Care
Certain injuries that happen during labor and delivery can occur due to the actions or inactions of a medical care professional. In some cases, these injuries may occur due to no negligence on the medical professional’s part. However, some types of birth injuries that may indicate a lack of reasonable care include:
- Brain trauma, including brain hemorrhage, cerebral palsy, and spinal cord injury
- Brachial plexus injury, which can occur when a baby’s arm is stretched too far. Thus, causing temporary or permanent weakness in the arm and hand
- Broken bones, especially broken collarbones and skull fractures
If you need help determining if your child’s specific injury resulted from a failure to provide the care required, our birth injury lawyers can evaluate your case to see if negligence may apply.
Common Negligent Causes of Birth Injuries
According to scientific research on birth trauma, medical professionals can prevent some birth injuries by anticipating problems. And by taking action to prepare for a potentially high-risk delivery. You may be eligible for compensation if the following circumstances led to your child’s birth injury:
- Failure to perform a Cesarean section when necessary, such as when the baby is overly large or in an abnormal position
- Incorrect or improper use of delivery devices such as forceps and vacuum extractors
- Failure to monitor oxygen levels for mother and child. Or, not taking quick action to remedy a situation where oxygen is reduced
There are many other situations that can lead to a negligence claim against a medical provider during labor and delivery. Using the facts of your case, our birth injury attorneys can help determine if any member of your medical team negligently caused your child’s birth injury.
North Charleston Birth Injury Lawyer Near Me 803-222-2222
Types of Damages Available in South Carolina Birth Injury Cases
After a birth injury in North Charleston or elsewhere in SC, you may be eligible to request compensation for a wide range of damages. Depending on the specific losses related to your child’s birth injury, you may be able to recover economic damages for your monetary losses. And, non-economic damages for more subjective losses.
- Current and future medical expenses
- Household services and other assistance to help you care for your child
- Lost wages, including future lost income if you miss work
- Special education costs
- Pain and suffering
- Emotional distress
- Loss of consortium
It is important to know that South Carolina does limit the amount of non-economic damages available for birth injury victims. According to S.C. Ann. § 15-32-220, the limit for non-economic damages in medical malpractice cases is $350,000. However, the South Carolina Revenue and Fiscal Affairs Office announced an adjustment for inflation. Based on the Consumer Price Index that reset the current cap to $479,064.
Contact the Birth Injury Attorneys at Anastopoulo Law Firm Today
So, if you need help understanding what legal options are available to you and what steps you should take after a birth injury in North Charleston, the team at Anastopoulo Law Firm is ready to help. We can review your legal options and work quickly to meet all deadlines and requirements. Also, we represent your best interests as we pursue the compensation you deserve.
Call (800) 313-2546 today for a free consultation to learn how we can help with your case.