Experienced South Carolina Birth Injury Lawyers Protecting Your Rights
Successfully representing families for more than two decades in Anderson, Rock Hill, Columbia, Sumter, and Georgetown
Obstetricians and nurses are trained to ensure that the labor and delivery process goes smoothly and safely. You trust them to act quickly if they see signs of distress in your baby. If they fail to meet this expectation, the consequences can be grave. The fetus may lose oxygen quickly and suffer brain damage, leading to cerebral palsy and other life-altering conditions.
The experienced South Carolina birth injury attorneys of McGowan, Hood, Felder & Phillips, LLC, take such cases very seriously. Injuries to babies and mothers during labor and delivery cause lifelong medical, emotional, and financial problems. While most birth injuries are preventable when doctors follow standard treatment protocols, medical malpractice is often to blame for complications.
Vigorously representing South Carolina clients in a variety of birth injury cases
Birth injuries result from a variety of situations and manifest themselves in various ways. Some commonly occurring birth injuries include:
- Cerebral palsy
- Forceps injuries/disfigurement
- Vacuum extraction injury
- Abrupted placenta
- Undiagnosed preeclampsia
- Erb’s palsy
Each of these circumstances is serious and requires extensive research and preparation to secure adequate compensation. Our skilled South Carolina obstetrical malpractice lawyers consult medical experts to assist in the review of a doctor’s or hospital’s actions and decisions. These individuals are trained to identify departures from standard procedures and diagnostic protocols. By examining medical records and interviewing hospital staff, we expose failures on the part of nurses and other healthcare personnel.
Birth injuries resulting from head trauma and/or oxygen deprivation
While some birth injuries may be related to physical harm to the baby’s body, head trauma and oxygen deprivation are the cause of most injuries. The most common include:
- Skull fractures
- Bleeding in or around the brain
- Nerve damage
- Perinatal asphyxia
South Carolina birth injury lawyers answer your most common questions
Many questions arise when facing the hash consequences of a birth injury. At our firm, we pride ourselves on providing the answers you need during this challenging time in your life. Among those we are asked most often are:
- What causes birth injuries?
- Are birth injury lawsuits different from birth defect lawsuits?
- In South Carolina, what kinds of damages can birth injury victims seek?
- In South Carolina, how long do I have to file a lawsuit?
- How do I pay attorney fees?
What causes birth injuries?
Birth injuries are usually the result of negligence by a medical professional. That negligence can take many forms, such as:
- Failing to diagnose and/or treat an underlying condition or infection in the mother
- Excessive use of labor-inducing drugs
- Failure to monitor the mother and baby before, during, or after delivery
- Failure to identify life-threatening conditions, such as placental abruption
Other factors that can increase the risk of birth injuries include:
- Breech position
- Cephalopelvic disproportion
- Prolonged labor
Are birth injury lawsuits different from birth defect lawsuits?
A birth defect is congenital, meaning it existed at birth. Birth defects are often the result of genetic abnormalities, or hereditary in some way. A birth injury occurs because of negligence by a medical professional, resulting in harm to the mother or child.
Sadly, birth defects may be unavoidable – but in comes cases, they could be the result of a dangerous drug or exposure to an outside toxin. If your baby developed a birth defect because of a prescribed medication, you may be able to file a lawsuit to claim compensation.
In South Carolina, what kind of damages can birth injury victims seek?
Parents and children are entitled to financial compensation after a birth injury as the result of medical malpractice or negligence. Children born with injuries may require specialized treatments and long-term care, sometimes for the rest of their lives. This places incredible financial burdens on families and a birth injury lawsuit may provide necessary compensation, including:
- Medical bills, rehabilitation, and long-term care
- Special education needs
- Specialized household modifications and equipment
- Lost future earnings
Birth injury lawsuits may also provide for non-economic damages, including:
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
In South Carolina, how long do I have to file a lawsuit?
South Carolina law provides a three-year statute of limitations for birth injury, negligence, or medical malpractice against private parties or charitable entities. The statute begins to run on the date the injury was discovered or reasonably should have been discovered, not to exceed six years from the date of injury. The time limitations differ for government-owned institutions, so it is always best to consult an attorney to discuss the specifics of your case. Pursuing your case as soon as possible is also advisable, even if the statute of limitations period has not yet run out. This is because evidence and witnesses may become lost or less credible over time.
How do I pay attorney fees?
At McGowan, Hood, Felder & Phillips, LLC, we represent victims of birth injuries on a contingent-fee arrangement. This is a contract that provides for your attorney to receive fees out of the proceeds of a settlement or verdict. If your case does not settle and you do not obtain a verdict after trial, you will not owe us any attorney fees.
By consulting with economic impact analysts, healthcare planners, and pediatricians, our birth injury lawyers determine the costs you will face as a result of physician negligence. We present expert testimony and financial estimates related to the need for special education, medical equipment, future medical treatment, nursing care, and loss in quality of life. Our attorneys diligently work to present your case to the court in a comprehensive and persuasive manner.
Secure the services of a skilled South Carolina birth injury lawyer
McGowan, Hood, Felder & Phillips, LLC, provides experienced legal advice to clients in South Carolina birth injury cases. To schedule a free consultation, call the office at 855-296-0828 or use our contact form. We have offices conveniently located in Rock Hill, Anderson, Sumter, Georgetown, and Columbia.
- Delay of Medical Treatments
- Failure to Diagnose and Treat Gestational Diabetes
- Failure to Diagnose and Treat Placenta Previa
- Failure to Diagnose and Treat Placental Abruption
- Failure to Diagnose and Treat Pre-eclampsia
- Failure to Monitor
- Fetal Death
- Medication Errors
- Midwife Negligence
- Testing Errors