South Carolina Birth Injury Attorney

Skilled Counsel – Birth Trauma Attorney

Lawyers Serving Families Throughout South Carolina

South Carolina birth injury Attorney David Hood and his co-counsel legal team provide strong, tough legal help to families affected by birth injuries. Having practiced injury law for over 30 years, we understand the short- and long-term effects of birth injuries.

Birth injuries can bring lifelong challenges to children and their families. If a birth injury occurs due to medical negligence, a birth injury attorney can guide you through the legal process and help you pursue justice and financial compensation.

Table of Contents

Labor and delivery

When it comes to labor and delivery, parents place immense trust in the doctors, nurses, and midwives who oversee the birth process. These healthcare providers are responsible for ensuring the safety and well-being of both the mother and the newborn during one of life’s most delicate moments.

Labor and delivery staff hold a unique position of trust because they are tasked with managing complex medical situations, identifying risks, and taking action to prevent harm. This trust is rooted in the belief that they are highly trained, attentive, and equipped to handle any complications that may arise.

Duty of care

The medical team’s duty of care extends beyond mere technical expertise; it involves a commitment to monitoring both mother and baby, quickly identifying any signs of distress, and responding with appropriate actions. This duty includes:

• Vigilant Monitoring: Labor and delivery staff are expected to continuously monitor the baby’s heart rate, oxygen levels, and other vital signs to detect any issues. They also track the mother’s health, managing pain relief, blood pressure, and other factors that could impact the delivery process.
• Effective Communication: Clear, effective communication among the medical team and with the parents is essential. Nurses, doctors, and midwives must work together, sharing observations and concerns immediately to coordinate care and make fast decisions if the baby is at risk.
• Timely Intervention: If any complications arise, healthcare providers are expected to act quickly. This might mean ordering a C-section, providing oxygen to the baby, or adjusting the mother’s medication to reduce risk. Delays or lapses in judgment can have severe, lifelong consequences.

Parents place deep trust in these professionals to carry out their responsibilities with skill and compassion. In return, labor and delivery staff have a moral and legal duty to uphold this trust by providing the highest standard of care. If that duty is neglected, resulting in birth injury or harm, it can shatter the family’s trust and may be grounds for a medical negligence claim. Holding medical professionals accountable is essential for justice and for maintaining the standard of care that every parent and child deserves.

Birth injury Attorney David Hood and his co-counsel legal team are here for you! Our firms work with experts to determine the extent of your child’s injuries and care needed for the future. We then build the sound legal arguments needed to provide for your baby’s financial future.

Here’s an overview of birth injuries, what causes them, and how The Law Offices of David L. Hood and their co-counsel birth injury legal team can help you seek the support your family deserves.

What are birth injuries?

Birth injuries are physical or neurological damages that happen to a baby during the birthing process. These injuries may affect the baby’s body or brain and can lead to both short- and long-term complications. Unlike congenital conditions that develop in the womb, birth injuries occur due to problems during labor and delivery.

Birth injuries range in severity. Some may heal over time with proper medical care. Others may lead to lifelong disabilities, requiring ongoing medical treatment and support.

Causes of birth injury

Birth injuries can arise from prenatal negligence, complications during labor and delivery or from medical negligence. Some of the main causes include:

Prenatal negligence

Prenatal negligence occurs when a healthcare provider fails to meet the medical standards of care during pregnancy. This could mean missing important tests, ignoring warning signs, or not treating conditions that could harm the baby. Prenatal negligence can lead to a variety of birth injuries, ranging from minor complications to more serious lifelong conditions.

Common causes of prenatal negligence

Several factors can contribute to prenatal negligence. Here are some of the most common:

1. Failure to Diagnose
   Conditions like preeclampsia, gestational diabetes, and infections should be diagnosed and managed quickly during pregnancy. If left untreated, these can cause harm to both the mother and the baby.
2. Medication Errors
   Prescribing the wrong medication, incorrect dosages, or medications that could harm the developing fetus is another form of prenatal negligence. Certain medications, if not carefully prescribed, can lead to birth defects or developmental issues.
3. Improper Monitoring
   During pregnancy, the baby’s growth and health need to be closely monitored. Failure to track the baby’s development, heart rate, or other vital signs can mean that warning signs are missed, leading to complications that might have been avoided.
4. Not Performing Necessary Tests
   Some tests, like ultrasounds and genetic screenings, are vital in detecting potential issues. If a doctor fails to order these tests or interpret them correctly, it could lead to a lack of necessary care and result in preventable birth injuries.

Complications during labor and delivery

Common causes of complications during labor and delivery

• Improper Use of Delivery Tools: Tools like forceps and vacuum extractors can aid delivery but must be used with care. Incorrect usage can lead to head trauma, nerve damage, or even fractures.
• Delayed C-Section: In some cases, waiting too long to perform a C-section, especially when the baby is in distress, can lead to oxygen deprivation and result in serious injuries.
• Medication Errors: Mistakes with anesthesia or medications given to the mother during labor may impact the baby’s health and increase the risk of injury.
• Failure to Monitor: The medical team is responsible for monitoring the baby’s and mother’s vital signs throughout labor. Failing to notice or respond to signs of fetal distress or maternal distress can lead to preventable injuries.

Types of birth injuries

Birth injuries caused by prenatal negligence

• Cerebral Palsy: Often caused by a lack of oxygen to the baby’s brain, cerebral palsy affects movement, muscle control, and sometimes learning abilities.
• Group B Strep pregnancy (GBS): Babies can be exposed to GBS bacteria during delivery. This may lead to conditions like pneumonia, meningitis, and blood infections. Pregnant women are usually tested for GBS between the 35th and 37th weeks of pregnancy. If they are positive for GBS, doctors will typically recommend antibiotics during labor. This is the best way to prevent GBS from spreading to the baby.
• Brain Injuries: Poor monitoring of oxygen levels or blood flow can cause brain damage. This can lead to developmental delays or long-term disabilities.
• Premature Birth Complications: Failing to manage conditions that lead to preterm birth can result in various health issues, as a baby born too early may have underdeveloped organs.

Birth injuries due to negligence during delivery

• Cerebral Palsy: A disorder caused by brain damage during or shortly after birth, affecting movement, muscle tone, and posture. This injury can occur due to oxygen deprivation or trauma during delivery.
• Erb’s Palsy: Brachial Plexus Injury(or Erb’s Palsy) affects the network of nerves controlling movement and feeling in the shoulder, arm, and hand. It can happen when there’s excessive pulling on the baby’s neck during delivery, especially in cases of shoulder dystocia.
• Fractures: Broken bones, particularly of the clavicle (collarbone), may result from difficult or assisted deliveries. Although fractures can heal, they may cause discomfort and temporary limitations.
• Shoulder dystocia: When the baby’s shoulder(s) get stuck inside the mother’s pelvis during childbirth. This can cause fractures, Horner’s Syndrome or compressed umbilical cord (which can cause brain injury or death).
• Kernicterus: Often caused by untreated severe jaundice, causing irreversible brain damage.
• Oxygen Deprivation at birth (Hypoxia): If a baby doesn’t receive enough oxygen during birth, it can lead to hypoxic-ischemic encephalopathy (HIE). HIE may cause brain damage and lifelong cognitive or physical impairments.
• Periventricular Leukomalacia (PVL): A type of permanent brain injury that affects the white matter in the brain, usually caused by oxygen deprivation during delivery.
• Hydrocephalus: A condition where excess cerebrospinal fluid builds up in the brain’s ventricles, causing pressure that can lead to brain swelling and developmental issues. This can result from head trauma during birth.
• Caput Succedaneum and Cephalohematoma: These conditions involve swelling or bleeding under the baby’s scalp. While they often heal, severe cases may lead to complications or indicate a more serious injury.
• Intracranial Hemorrhage: Bleeding within a newborn’s brain, often caused by head trauma or pressure during delivery. This can lead to brain bleeds and permanent brain damage.

Effects of birth trauma

The effects of a birth injury depend on the injury type and severity. Here are some of the impacts that families may face:

• Physical Disabilities: Some birth injuries result in limited mobility, muscle weakness, or spasticity, affecting the child’s ability to perform everyday tasks.
• Cognitive Impairments: Brain injuries during birth can lead to intellectual disabilities, making it difficult for the child to learn and develop at the same pace as their peers.
• Emotional and Behavioral Challenges: Children with birth injuries may face emotional or behavioral challenges, impacting their social interactions and mental health.
• Chronic Health Issues: Conditions like cerebral palsy can lead to ongoing health issues, including respiratory problems, seizures, and muscle spasms.

These effects can be emotionally and financially overwhelming, especially if lifelong care is required. Pursuing a birth injury claim can help secure the compensation needed to manage these expenses.

How common are birth injuries?

While advances in medical technology have reduced birth injuries, they still occur. In the US, about seven babies in every 1,000 deliveries are born with injuries. That’s around 30,000 babies per year. CerebralPalsyGuide.com

Some cases are unavoidable, but many injuries can be prevented through proper medical care and monitoring. If a birth injury is suspected, an investigation may reveal if medical negligence played a role.

Midwife negligence claim

Midwives are trained professionals who play a crucial role in childbirth. However, there are cases where midwives may be held liable for negligence if they fail to provide adequate care. Common forms of midwife negligence include:

• Failure to Call for Assistance: If a midwife doesn’t recognize the need for medical intervention or a C-section, the baby may suffer preventable injuries.
• Improper Monitoring: Neglecting to monitor the baby’s heart rate or the mother’s vital signs can lead to unaddressed distress.
• Incorrect Assessment of Complications: Failing to identify complications, such as a breech position or umbilical cord issues, can cause delays that result in injury.

If a midwife’s negligence contributes to a birth injury, you may have grounds to file a claim to seek accountability and compensation.

Fetal death

Losing a child during birth is a devastating experience. If fetal death results from medical errors or negligence, families may file a wrongful death claim. These claims help hold the responsible parties accountable and provide financial support for the grieving family. Compensation may cover medical expenses, funeral costs, and the family’s emotional suffering.

How do you know if you have a birth injury case under SC law?

Due to a negligent act or failure to act, the healthcare provider causes serious injury or death to the newborn. You generally need to show that the standard of care was violated and that a catastrophic birth injury was caused by the provider’s negligence.

Seeking prompt treatment

Some birth injuries heal naturally over time. However, it’s critical you monitor your child’s health to ensure they receive the medical attention they need. Keep in mind surgeries to repair nerve damage are more effective when a baby is still an infant. Also, early physical therapy helps weakened muscles develop before unnecessary strain is placed on healthier limbs. Let our birth injury attorney and co-counsel handle the litigation and work with you on your family’s journey to healing.

Will I need an attorney for my birth injury claim?

Birth injury cases can be complex, as they involve medical records, expert opinions, and negotiations with insurance companies. An experienced birth injury attorney can help you by:

• Assessing Your Case: Attorneys should understand what’s needed to prove medical negligence and then determine if you have a valid claim.
• Gathering Evidence: From medical records to expert witnesses, an attorney should collect and present the necessary evidence to support your claim and get you and your family the compensation you deserve!
• Negotiating for Compensation: An attorney can negotiate with the insurance company or medical providers to seek fair compensation for medical bills, therapy, special education, and future care costs.
• Representing You in Court: If a settlement isn’t possible, your attorney should be able to  take your case to court, put it before the jury and get you the verdict you deserve!

If your family is affected by a birth injury in South Carolina, working with a birth injury attorney can help you understand your rights and seek justice. Birth injuries can place both emotional and financial strain on families. But a successful legal claim can secure the support needed for your child’s future care and well-being. Don’t wait to get the help you deserve—reach out to a birth injury attorney David L Hood and his co-counsel legal team today!

How to prove prenatal negligence and/or negligence during delivery by your healthcare provider

If a birth injury occurs, parents may have the right to file a medical malpractice lawsuit. However, proving that negligence took place can be challenging. To show that negligence caused the injury, you generally need to prove three things:

1. A Duty of Care: The healthcare provider had a responsibility to provide proper care during the pregnancy and/or during delivery.
2. Breach of Duty: The provider failed to meet the accepted medical standard of care.
3. Injury Resulting from the Breach: The injury or condition resulted from this failure to meet the proper standard of care.

Documents you may need for proof

For a birth injury claim, having strong documentation is key. Here are some important documents that may be helpful as proof:

1. Medical Records of Mother and Baby: Comprehensive records from prenatal visits, labor, delivery, and postpartum care can provide critical information on care practices and any issues that may have arisen.
2. Birth and Delivery Records: Records that detail the events and actions taken during labor and delivery can help establish what happened and whether any mistakes occurred.
3. Fetal Monitoring Strips: These can show any signs of fetal distress or lack of oxygen, which might indicate whether appropriate action was taken to prevent injury.
4. Doctor and Nurse Notes: Notes made by attending staff during labor and delivery can highlight procedures and any incidents that may have contributed to a birth injury.
5. Diagnostic Test Results: MRIs, CT scans, and other tests taken of the baby soon after birth can identify injuries like brain damage or other physical harm.
6. Apgar Scores: Low Apgar scores can indicate complications during delivery, which may help support a birth injury claim.
7. Expert Medical Opinions: Opinions from specialists who can assess the birth injury’s cause and whether medical negligence was involved are critical for filing a lawsuit in South Carolina. In fact, you need a sworn affidavit from an expert in order to file a suit in SC.
8. Follow-Up Treatment Records: Documentation of ongoing treatments, therapies, and medical care needed for the birth injury can show the extent of the injury and its impact on the child’s development.
9. Family Medical History: While not directly proof of an injury, a family history can sometimes rule out hereditary factors, supporting a case for medical negligence if no prior conditions were present.
10. Photographs or Videos: Visual evidence of any physical trauma or signs of developmental delays can also be helpful.

Steps to take if you suspect prenatal negligence and/or negligence during delivery by your healthcare provider

1. Gather Medical Records: Collect all records related to your pregnancy, including test results, prescriptions, and doctor’s notes. These will be essential in evaluating what happened.
2. Consult a Birth Injury Attorney: A legal expert in birth injury cases can help determine whether you have a strong case and guide you through the process of filing a claim. The Law Offices of David L. Hood and co-counsel are here for you! And there’s never a charge for your initial consult.
3. Seek Expert Medical Opinions: Getting a second opinion from other healthcare providers can help clarify whether the care you received met acceptable standards.

What kind of damages can victims seek?

In South Carolina, victims of birth injuries may seek several types of damages to help cover the physical, emotional, and financial impact of the injury. These damages generally fall into three categories: economic, non-economic, and (sometimes) punitive. Here’s a breakdown:

1. Economic damages – These are intended to cover the actual, out-of-pocket expenses related to the injury. Common types include:

• Medical Expenses: Past, current, and future medical costs for treatment, surgeries, therapy, medication, and other necessary care.
• Rehabilitation Costs: Physical therapy, occupational therapy, speech therapy, and other rehabilitative services.
• Assistive Devices: Costs of equipment like wheelchairs, braces, or special beds needed for the child’s mobility and care.
• Long-term Care: For severe injuries that require lifelong assistance, compensation for ongoing nursing care or home modifications may be possible.
• Lost Earning Capacity: If the injury is expected to affect the child’s ability to earn a living in the future, damages may be awarded to account for lost income potential.

2. Non-economic damages – These are awarded for more subjective losses that impact the quality of life, such as:

• Pain and Suffering: Compensation for the physical pain and emotional distress experienced to the child and family.
• Loss of Enjoyment of Life: Damages that recognize the diminished quality of life due to the birth injury, including not being able to do normal childhood activities.
• Mental and Emotional Distress: Often awarded to the parents. This compensates for the emotional trauma and anguish caused by the injury and its impact on family life.

3. Punitive damages – In rare cases, if the healthcare provider’s actions are proven to be grossly negligent or reckless, punitive damages may be awarded. These are meant to punish the wrongdoer and deter similar behavior in the future.

These damages goal is to provide support for the child and family as they navigate the challenges posed by a birth injury. Consulting with a knowledgeable birth injury attorney can help families understand and pursue the full range of compensation available under South Carolina law.

Frequently Asked Questions:

Moving forward after a birth injury

Birth injuries can be life-changing, both for the child and their family. A child who suffers a birth injury may need ongoing medical care, therapy, or specialized schooling. Compensation from a malpractice lawsuit can help cover these costs and provide resources to support the child’s future needs.

Contact birth injury attorney David L. Hood and his co-counsel legal team for help with your South Carolina birth injury lawsuit

Reach out by phone at 843-491-6025, email, text or chat to schedule your free consult at any of our South Carolina offices. If needed, we’d also be happy to meet you at your home. Our team will do all in our power to ensure your family receives justice for your child’s injuries!