A baby can develop or suffer many different injuries, illnesses, and disabilities before, during, and after birth. Therefore, medical staff must have the knowledge, expertise, and certifications required to protect the health of the mother and child during pregnancy and after delivery.
Any errors, omissions, or negligence on the part of the medical team, hospital, nursing staff, testing staff, or other caregivers that lead to a birth injury can be grounds for a personal injury claim. Our Columbia birth injury lawyer can investigate your case, determine whether you have grounds for an injury claim or lawsuit, and quantify your losses. We can speak with you about your situation during a free consultation today.
Compensable Damages in Columbia Birth Injury Cases
You can file a claim for all birth-related injuries or damages that can be linked to the actions—or negligent inaction—of your baby’s medical team. These include:
- Hospital fees
- Testing and medication fees
- Ambulance and doctor’s visit fees
- Rehabilitation and training/development expenses
- Pain and suffering
- Compensation for a loss of quality of life
- Home improvements to accommodate an injury or disability
Depending on its severity, a birth injury can hamper your child’s growth and development for months or even years. Also, birth injuries can cost thousands of dollars to treat over the injured child’s lifetime.
For a free legal consultation with a birth injury lawyer serving Columbia, call (800) 313-2546
Understanding Negligence and Birth Injuries in South Carolina
There are many ways a newborn infant can sustain a birth injury. Our lawyers will investigate how someone’s failure to uphold a standard of care caused the injury of a child or the child’s mother. Testing can identify issues or complications, such as low oxygen levels or issues with the umbilical cord. Neglecting these exams could result in harm to the child or mother.
During the delivery, the misuse of delivery tools such as suction and extraction devices can cause head, brain, neck, and/or nerve damage in the baby. Such damage can lead to long-term injuries, such as cerebral palsy and Erb’s palsy, which can affect the baby’s mental and physical development.
If the medical team misses any issue that it should have identified via testing or makes testing errors or omissions, it may cause a birth injury or leave a birth injury undetected and untreated. Also, if the medical team makes mistakes while performing or interpreting tests or makes mistakes using delivery equipment, the baby can suffer serious, long-term harm.
Columbia Birth Injury Lawyer Near Me (800) 313-2546
Preparing to Pursue a Medical Malpractice Suit for Birth Injuries
If you want to sue for injuries during your child’s birth, you must follow state guidelines for filing these types of lawsuits. Your lawyer can file the Notice of Intent to File Suit required by S.C. Ann. § 15-79-125. You or your lawyer must make sure the court and all parties being sued receive a copy of this notice. You must also attend mediation for your medical malpractice case.
Your lawyer will also need to submit an affidavit from a medical expert that outlines one or more instances of negligence from the health provider. S.C. Ann. § 15-36-100 explains who is qualified to be an expert and what the affidavit must cover.
How Our Attorney Can Help with a Columbia, S.C., Birth Injury Case
If you or your child suffered injuries during the child’s birth, our lawyer can help you:
- Determine how and why your child was injured
- Identify any at-fault parties responsible for your child’s injuries
- Quantify the damages and injuries you can include in your claim
- Gather the evidence required to file an insurance claim or lawsuit
- Complete all the legal, evidentiary, and filing requirements you are responsible for
- Negotiate with the insurer of the at-fault party for compensation or a settlement
- Represent you at trial if a fair settlement or compensation package cannot be arrived at
If your child suffered a birth injury or has any birth-related illnesses or disabilities, you may have grounds for a birth injury legal claim against the delivery team or the hospital or medical facility where your child was born. No two birth injury cases are alike, and we will tirelessly review your case and identify the responsible parties.
We are Ready to Represent You
Medical facilities tend to be heavily insured and are professionally represented by malpractice and personal injury experts who will try to justify the actions of their clients or at least minimize any payout you receive. Our team is ready to help you fight for fair compensation.
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Our Columbia Birth Injury Lawyer will Investigate Your Case
As part of our services to you, we will handle your case from start to finish. We will also seek answers to the following with the aim of recovering compensation for you:
- What the ultimate cause of the birth-related emergency was that called for the use of special delivery equipment
- Whether the medical team had the training required to use such equipment or perform such procedures
- If the delivery team knew of and prepared for the risk factors that necessitated an emergency delivery
- If any member of the delivery team had prior medical error or negligence claims against them on file
- If the medical team screened and assessed the mother and child for common issues, including infections, high blood pressure, and misalignment of the baby in the uterus
The sooner you act and the sooner you identify and/or diagnose a birth-related illness, injury, or disability, the sooner you can initiate remedial treatments and get your child started on the path to recovery. Some birth injury cases can improve with therapy, while others may require surgery. Treatments are expensive, so if medical malpractice caused your child’s birth injury, you should file for compensation from the at-fault parties responsible.
Statute of Limitations for South Carolina Medical Malpractice Cases
One important aspect of a birth injury case is filing your suit within the deadline established by S.C. Ann. § 15-3-545. You have three years to file your lawsuit from the date that the incident occurred or three years from the date you discovered the injury. These timelines can be confusing for some cases, but our team can examine the circumstances of the injury and let you know how long you have to act.
Call Our Team Today About Your Birth Injury Case
Contact the Anastopoulo Law Firm today at (800) 313-2546 for assistance with a birth injury case. Our Columbia birth injury lawyers can walk you through everything you need to know about the case and will file an insurance claim or medical malpractice lawsuit on your behalf.