Anderson Birth Injury Lawyers Advocate for You and Your Baby
Put our years of experience to use in your South Carolina case
While the introduction of a new family member into the world is extremely exciting and fun, it is also very expensive and filled with potential worries. Most new parents attempt to decrease these worries by choosing a doctor they trust to deliver their baby into the world. But the birthing process is sometimes unpredictable, with unexpected complications. When these problems arise, it is the responsibility of the medical staff to handle them appropriately. There is much at stake, and mistakes can prove deadly.
When doctors and nurses do not adequately meet their duties, get help from a knowledgeable Anderson birth injury attorney at McGowan, Hood, Felder & Phillips, LLC, who will walk you through the process of seeking compensation for any birth injuries that may result.
What are common types of birth injury claims?
The complexities of labor and delivery can lead to numerous types of birth injury claims. While some stem from undiagnosed medical conditions, others are directly related to the actions of the doctor during the birthing process. Here are some examples of common birth injuries:
- Bone fractures. Fractured bones are common during difficult deliveries due to the amount of stress placed on the infant’s body when moving through the birth canal. Most fractures affect the collarbone or clavicle, but they may also occur in other areas of the body. These injuries are often difficult to immediately detect because the newborn is unable to communicate the pain. Symptoms, such as swelling or uncontrollable crying, may alert to a problem. Bone fractures are generally preventable during delivery, so their presence is an indication of possible malpractice.
- Perinatal asphyxia. This injury occurs when the fetus does not receive adequate amounts of oxygen. While small deviations are expected during the delivery process, when deficiency lasts for a significant period of time it may lead to long-term health complications. During the labor process, medical professionals should be alerted to asphyxia from an abnormal fetal heart rate. At delivery, low heart rate and skin discoloration are indicators of perinatal asphyxiation.
- Subconjunctival hemorrhage. This is an injury to the optical area that occurs when blood vessels behind the eye rupture. It is caused by stress placed on the newborn’s head during delivery. A physician’s actions may contribute to this injury in two ways:
- The doctor’s decision to not perform a C-section during a particularly difficult delivery.
- The physician’s use of instruments, such as forceps or a vacuum extraction machine, to assist with the delivery. If these instruments are misused or placed improperly on the baby’s head, subconjunctival hemorrhaging may occur.
How long do I have to file my claim in South Carolina?
Birth injury cases are not easy to pursue. State procedural guidelines place strict rules on how and when claims can be made. The statute of limitations governs the amount of time you have to institute a court case for birth injuries. The time frames vary depending on the specific circumstances of the injury-causing incident. It is best to consult a well-informed Anderson birth injury lawyer about the statute of limitations in your case.
What must be proven in birth injury claims?
In addition to the statute of limitations, birth injury cases also require substantial amounts of evidentiary proof. This often comes in the form of medical records and the review of your physician’s actions during the delivery process. To adequately undertake this responsibility, we routinely work with medical professionals who are qualified to provide expert opinions about medical care and the actions of your doctor. These professionals assist in the review of medical records and determining the long-term costs of your injuries. We also secure their assistance as expert witnesses, should the case move into the litigation phase.
Contact an experienced Anderson birth injury attorney today
The dedicated Anderson birth injury attorneys of McGowan, Hood, Felder & Phillips, LLC, have developed a reputation for aggressive representation of personal injury cases. We have the skills, experience, and resources you need to get you the compensation you deserve after a birth injury. To schedule a free case evaluation at our Anderson, South Carolina office, call 803-327-7800 or complete our contact form.