Nacimiento en Greenville
Abogado de Lesiones

Proving Medical Malpractice in a Birth Injury Case

Under South Carolina law, a bad medical outcome does not automatically mean medical malpractice occurred. We must prove that the doctor, nurse, or medical professional failed to act as a reasonably competent professional would have under similar circumstances.

Our investigators look for specific failures during labor and delivery, such as:

• Fetal Distress Oversight: The medical team ignored heart rate decelerations that signaled the baby was losing oxygen.
• Delayed Intervention: The obstetrician failed to order a timely C-section despite clear evidence of a placental abruption or umbilical cord prolapse.
• Mechanical Trauma: The physician used excessive force with forceps or a vacuum extractor, causing physical damage to the baby’s skull or nerves.
• Pitocin Mismanagement: The staff administered labor-inducing drugs improperly, leading to uterine tachysystole and fetal suffocation.

Common Birth Injuries and Long-Term Effects

A birth injury can impact a child’s physical movement, cognitive development, or both. These conditions often require specialized medical equipment and around-the-clock therapy for the rest of the child’s life.

We relentlessly pursue justice for families facing a spectrum of conditions, including but not limited to:

• Hypoxic-Ischemic Encephalopathy (HIE) and Cerebral Palsy: Devastating brain damage caused by a total or partial lack of oxygen when a doctor delays a necessary C-section.
• Brachial Plexus and Facial Nerve Palsy: Permanent nerve destruction in the neck, shoulder, or face caused by a physician using excessive physical force during extraction.
• Skull Fractures and Intracranial Hemorrhaging: Brain bleeding and broken bones directly resulting from the reckless misuse of delivery tools like vacuums or forceps.
• Spinal Cord Trauma: Severe paralysis stemming from extreme physical manipulation while the baby is trapped in the birth canal.
• Maternal Infections and Sepsis: Lethal conditions like Group B Strep or meningitis that cause catastrophic fetal injury because the staff failed to run standard, basic tests.

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Do Not Let a Hospital Hide the Truth

Hospitals will hide their errors behind expensive lawyers and complex medical jargon. We strip away those defenses and demand the lifelong financial security your child deserves.

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Calculating the Lifetime Cost of Care

A settlement for a birth injury must cover more than just the initial hospital bill. It must provide for your child’s entire life. We work with life care planners and economists to ensure your family never runs out of the resources needed for your child’s support.

We pursue compensation for:

• Pediatric Specialized Care: Occupational, physical, and speech therapies tailored to your child’s developmental needs.
• Home and Vehicle Modifications: The cost of making your environment accessible for wheelchairs and specialized medical devices.
• Assistive Technology: Communication boards, mobility aids, and specialized computers that help your child navigate the world.
• Future Earnings Loss: Financial support for the income your child would have earned as an adult if the injury had not occurred.

The South Carolina Medical Malpractice Statute of Limitations

Generally, in South Carolina, an injured patient must file a medical malpractice lawsuit within 3 years of the treatment or of discovering an injury caused by the treatment. But the time limits are different for minors who were injured at birth.

According to § 15-3-545(D), medical malpractice claims for minor plaintiffs may be tolled for no longer than 7 years. This means the time limit clock can be paused for 7 years. After the tolling period, the 3-year limitation period may begin to run. This effectively gives the minor plaintiff 10 years to file the case. However, we do not suggest waiting that long to speak with our experienced lawyers. The longer you wait to file a lawsuit, the harder it is to prove medical negligence.

We move quickly to subpoena unedited medical records and lock in witness testimony before these legal clocks run out and your rights vanish forever.