Malpractice during labor can put the mother’s and baby’s lives at risk. Depending on the type and severity, an injury can develop into a permanent condition, such as cerebral palsy. Birth injuries can also cause several ongoing financial, physical, mental, and emotional damages that both the victim and their family must endure. In some cases, a birth injury may deprive a victim of the ability to live a “normal” life.
If you or your child suffered a birth injury due to a medical professional’s negligence, our Florence birth injury lawyer at Anastopoulo Law Firm can help you build a case against the liable physician or medical facility in Florence. You can discuss your case with a team member in your first consultation, which we provide for free.
You and Your Child May be Entitled to Several Damages Due to the Birth Injury
If you or your child suffered an injury during the birthing process, the damages that may have resulted could range from steep medical bills to physical pain stemming from the injury. Our legal team wants to discuss what losses you experienced after the birth injury occurred so that we can reach an appropriate estimate for how much compensation you should seek.
For example, we may be able to fight for compensation for the following types of damages:
- Current medical expenses you’re facing, such as costs related to the delivery, emergency procedures, and post-partum procedures
- Future medical expenses you might face related to the birth injury, such as costs for additional treatment you or your child needs, corrective procedures, and prescription medications
- Current and future income loss
- Pain and suffering
- Reduced earning potential, which might apply if the mother had to leave her work position to become a caregiver for her child and took a major pay cut as a result
- Diminished quality of life if the victim’s injuries caused physical or mental limitations, preventing them from enjoying certain activities
Various other damages may be included in your compensation demands.
If the Child or Mother Passed Away Because of a Medical Error
As mentioned, birth injuries can put either the mother or the child at risk of death. It can be traumatic for families and friends who were expecting to celebrate the birth of a new life to suddenly grieve the death of a loved one. So, in these cases, a personal representative can fight to seek justice on behalf of the victim through a wrongful death action.
Our legal team wants to support you as you cope with this loss because we understand how heavy emotions can be during this time. We can manage your case for you and help you fight for other damages, such as the loss of:
- Financial support if the mother contributed to the family’s net worth
- Parental guidance for surviving children
- Companionship for the surviving spouse
We could also help you recover compensation for funeral expenses, including burial or cremation services.
Birth Injuries Fall Under Medical Malpractice
When an infant suffers an injury during the birthing process as a result of a medical error, this can be grounds for a medical malpractice case.
Birth injuries can result from physical trauma during delivery, maternal factors (e.g., the mother is obese or has diabetes), or medical negligence (e.g., the obstetrician does not order an emergency C-section despite complications during birth). StatPearls lists some common birth injuries, which include:
- Head trauma, including skull fractures
- Cranial hemorrhages
- Nerve injuries
- Spinal cord injuries
- Eye injuries, such as breaking nerve vessels in the baby
- Cerebral palsy
- Facial injuries
- Other skeletal injuries, such as clavicle fractures
Who Can be Held Liable for a Birth Injury?
Multiple parties may be held liable for a birth injury caused by medical error, such as:
- The physician(s) who performed the delivery
- Nurses who participated in the delivery
- Surgeons who performed the C-section
- The anesthesiologist
- The medical facility where the delivery took place, e.g., McLeod Regional Medical Center
Our team can investigate your case to identify the liable party or parties and advise you about your legal options to pursue compensation from them. We can also help retrieve evidence to support the case, such as your medical records, testimony from a separate medical expert, and video footage of the delivery if it exists.
The Filing Deadline for Your Case Depends on When the Birth Injury was Discovered
General personal injury cases must be filed within South Carolina’s statute of limitations; however, medical malpractice cases abide by separate filing rules. Per S.C. Ann. § 15-3-545, a plaintiff filing about a birth injury must submit their lawsuit within three years from when the injury occurred. However, other rules may also apply, such as the following:
- If the birth injury was discovered later, the plaintiff has three years from the date of discovery.
- Regarding the date of discovery rule, the filing deadline shall not exceed six years from when the injury first occurred. This deadline does not apply to minors; however, it may apply if the mother suffered an injury during birth.
- If a foreign object was found inside the mother or the baby, then the statutory deadline is set two years after the date of discovery with no limitations.
- If the injury led to the death of the baby or the mother, then a personal representative may file a wrongful death action up to three years after the victim’s death, per S.C. Ann. § 15-3-530.
Our legal team can review your case, identify its filing deadline, and then advise you on moving forward. You may want to consider filing a lawsuit early in the case if the other party denies liability for your or your child’s injury or if settlement negotiations are not meeting your compensation demands.
We will be here to support your legal journey and notify you when we should consider filing a lawsuit. Our team is prepared to take the case to trial and fight for your right to pursue compensation.
A Personal Injury Lawyer from Anastopoulo Law Firm Can Serve You in Florence, S.C.
If your child suffered a birth injury during the delivery process, a lawyer from our team at Anastopoulo Law Firm may be able to help you build a medical malpractice case. We can serve you in Florence or elsewhere in South Carolina and keep you updated on the status of your case as we work to gather materials for it.
For a free consultation, call our team at (800) 777-7777.