South Carolina Birth Injury Attorney

Compassionate & Experienced Legal Representation for Victims of Birth Injuries in South Carolina

Childbirth is a significant and delicate procedure that requires a medical team's utmost care and attention. During this time, healthcare professionals are expected to fulfill their duty of care to the highest degree. Unfortunately, there are situations in which this standard of care falls by the wayside, leading to subpar care and, in some instances, birth injuries.

When a child is injured during childbirth, the experience can be incredibly distressing for the affected family. If you find yourself in this situation, our team of South Carolina birth injury attorneys at Lanier Law Group, P.A. can stand by you as you seek justice and compensation, providing unwavering support and aggressive representation as you navigate the legal process.

Why should you choose us? Since 1997, we have consistently demonstrated compassion, unwavering determination, and a comprehensive grasp of South Carolina law in handling each case entrusted to us. Our track record serves as a testament to our steadfast dedication and relentless pursuit of justice, with millions of dollars in compensation successfully recovered for our esteemed clients.

At Lanier Law Group, P.A., we believe in the power of empathy and legal acumen. Our team is committed to providing you with representation and support during this challenging period.

To schedule a free case consultation, call (855) 941-3522 today.

Common Birth Injuries

Birth injuries come in a variety of forms. Some of these injuries are more frequently seen than others, largely due to the complexities inherent in the birth process. 

Some of the more common birth injuries include:

• Cerebral palsy: This condition is prevalent in infants and young children and primarily affects muscle coordination and movement. It's often a result of brain injury or abnormal development during the brain's formative stages—before, during, or after birth—leading to impaired control over motor skills, posture, and balance.
• Brachial plexus injuries (Erb's Palsy): Erb's Palsy is a birth injury that results from damage to the network of nerves near the neck responsible for coordinating all movements of the upper limbs. Infants with this condition may experience varying degrees of paralysis, loss of sensation, and motor skill issues in the affected arm, which, if severe, may require extensive therapy or surgery.
• Hypoxic-ischemic encephalopathy (HIE): Hypoxic-ischemic encephalopathy (HIE) is a severe birth injury that transpires when an infant's brain does not receive adequate oxygen for a significant period. This deprivation can lead to a range of health effects, including physical and cognitive developmental delays, seizures, and, in severe cases, permanent brain damage or even fatality.
• Perinatal asphyxia: This is a medical condition characterized by a newborn's lack of oxygen before, during, or just after birth, which can lead to serious complications. In severe cases, this deprivation of oxygen can result in long-term neurological issues, developmental delays, or even fatality, often leading to potential legal recourse under South Carolina law if caused by medical negligence.
• Bone fractures: These fractures, most commonly to the clavicle or collarbone, can lead to immediate distress and potentially long-term complications for the newborn.
• Intracranial hemorrhage: This is a severe birth injury that occurs when there is bleeding within the skull, typically due to a traumatic birthing process, such as forceps or vacuum extraction, or a difficult delivery, like prolonged labor or breech presentation. 

These are just a few examples. If your child has suffered a birth injury in South Carolina, we recommend that you meet with a member of our team to discuss your rights and legal options.

Proving Negligence in a Birth Injury Case

In South Carolina, successfully proving negligence in a birth injury case involves demonstrating four key elements: the existence of a duty of care owed by the healthcare provider, a breach of that duty, a causal connection between the breach and the birth injury, and the resulting damages suffered by the child and their family. 

By carefully examining each of these elements, plaintiffs can begin to put together a strong case:

• Duty of care: Medical practitioners have a crucial responsibility to uphold a standard of care. In cases involving birth injuries, this entails adhering to accepted medical practices throughout the prenatal period, labor, and delivery. Their commitment to these practices is integral to the well-being of patients and the delivery of optimal healthcare.
• Breach of duty: A breach of duty arises when a healthcare provider fails to meet the established standard of care. This encompasses actions or omissions by the medical professional that deviate from commonly accepted practices.
• Causation: Causation is the connection between the healthcare provider's failure to fulfill their duty and the harm suffered by the child. It should be clear that the child would not have experienced the injury if it were not for the negligence of the practitioner.
• Damages: In order to establish a valid claim, it is crucial to prove that you suffered losses as a result of the injury. These may encompass physical harm, developmental challenges, medical expenses, ongoing treatment costs, and pain and suffering.

Our team of attorneys is dedicated to assisting you in collecting and presenting the evidence needed to establish these elements. Whether it entails acquiring medical records, securing expert testimony, or reconstructing the sequence of events that led to the injury, we are fully committed to constructing a compelling case on your behalf.

Types of Compensation Available in Birth Injury Cases