Charleston Birth Injury Attorneys
We Protect the Rights of Families in South Carolina
Reasons to Choose Us:
- You Won’t Pay Unless We Win
- Recovered Over $500 Million on Behalf of Our Clients
- Led by Two of the Nation’s Top 100 Plaintiff Attorneys
- Over 170 Years of Collective Legal Experience
We’re Here to Help
Fill out our online form to request a free consultation. You won’t pay unless we win!
Birth Injury Lawyers In Charleston, SC
Representing Children & Families Across South Carolina
When obstetricians, nurses, and other medical professionals fail to provide the necessary and expected level of care, innocent children and pregnant mothers can, unfortunately, be put in harm’s way. At Edwards Kirby, our birth injury lawyers are committed to seeking justice for families who are facing life after a birth injury and helping children get the lifelong care they need to face happier, healthier, and more stable futures.
Since 1993, our birth injury attorneys have been particularly noted for their success in handling malpractice cases in North Carolina. We won the largest medical malpractice jury verdict in North Carolina history and negotiated the state’s largest birth injury settlement in a case involving medical negligence resulting in cerebral palsy.
Now, our attorneys are extending their expertise and unwavering dedication to Charleston, South Carolina. Birth injury cases are complex, but we have the resources, skills, and experience needed to get your family the justice it deserves.
If You or A Loved One Has Been Injured in a Car Accident, Call Edwards Kirby Today!
919-780-5400
Our Record Setting Results from Birth Injury Lawsuits
View More Results$10 Million
Child suffers birth injury after delayed C-section.
$23.3 Million
Brain injuries suffered at birth, including cerebral palsy and spastic quadriplegia.
Types of Birth Injuries
Cerebral palsy is one of the most severe and recognizable consequences of delivery room negligence, but other permanent or life-threatening conditions can jeopardize a newborn and their mother.
Some common birth injuries in South Carolina include:
- Uterine ruptures from negligent C-section procedures or ruptures of previous uterine scars can cause fetal brain damage if protruding into the abdominal cavity.
- Brachial plexus injuries sustained during negligent birthing scenarios can result in weakness or paralysis of the affected arm.
- Fetal distress or trauma caused by the failure to properly monitor vital signs or respond to sudden changes in heart rate or blood oxygen levels.
- Facial paralysis caused by improper usage of forceps or vacuum extractors.
Birth injuries can result from a confluence of deviations from the standard of care, including;
- Medical Mistakes During Delivery: Improper use of delivery tools such as forceps or vacuum extractors or delays in performing a necessary cesarean section.
- Medication Errors: Incorrect administration of drugs or failure to manage dosages appropriately.
- Lack of Proper Prenatal Care: Inadequate monitoring and management of the fetus’s health throughout pregnancy.
- Failure to Recognize Fetal Distress: Delayed or missed responses to signs of fetal distress.
- Negligence in Monitoring: Insufficient observation and response to the mother and baby’s condition during labor and delivery.
Birth Injury Consequences
Newborns are incredibly fragile, and when medical professionals fail to provide the expected standard of care, the consequences can be devastating. Trauma at birth can lead to neurological disorders, physical disabilities, and a lifetime of medical treatments and costs. Families find themselves burdened not only with the emotional strain of a child’s suffering but also with the financial stress of ongoing medical care, special education needs, and lost earning potential. The ripple effects of these injuries can touch every aspect of a family’s life.
At Edwards Kirby, we recognize the profound impact that medical negligence can have on the most vulnerable. Birth injuries can require lifelong care, transforming the dynamics of a family forever. The costs of managing these outcomes—ranging from surgeries and rehabilitation to adaptive technologies and personal care—can be overwhelming. Our dedicated team of Charleston birth injury attorneys is here to ensure that families receive the support and compensation necessary to secure a stable, healthier future for their children. We fight tirelessly to hold negligent medical professionals accountable, aiming to prevent further tragedies and promote safer healthcare practices.
Understanding Birth Injury Claims
Filing a birth injury claim in Charleston, South Carolina, involves navigating complex legal procedures and proving negligence on the part of healthcare providers. This process is crucial not only for achieving justice but also for securing compensation that addresses the extensive costs associated with birth injuries.
Our experienced South Carolina birth injury attorneys at Edwards Kirby are dedicated to guiding each family through the intricacies of the legal process with compassion and expertise. We meticulously handle every aspect of your case, ensuring that all necessary medical records, expert testimonies, and other evidence are gathered to build a strong argument for your claim.
Charleston Birth Injury FAQs
What constitutes a birth injury under South Carolina law?
Under South Carolina law, a birth injury constitutes any physical or mental impairment caused by healthcare provider negligence during the labor and delivery process. These injuries can affect the neurological, emotional, or psychological capacity of a child, leading to substantial and discernible impairments.
How long do I have to file a birth injury lawsuit in South Carolina?
In South Carolina, the statute of limitations for filing a birth injury claim depends on the nature of the plaintiff. If the claim involves a minor, it can be filed until the child reaches the age of ten. For claims filed by parents on behalf of the child or for their own emotional or physical damages related to the birth injury, the statute of limitations is three years from the date of the injury or from when the injury could have reasonably been discovered, but no more than six years from the date of the occurrence.
What can I expect in terms of compensation from a birth injury lawsuit?
The amount of compensation awarded in South Carolina birth injury cases varies significantly based on the specifics of each case, such as the severity of the injury, the extent of medical negligence, and the projected future needs of the child. Compensation is typically meant to cover medical costs for both immediate and long-term care, therapy (such as physical, occupational, and speech therapy), necessary medications, and adaptive equipment. Financial awards can also account for the child’s and family’s pain and suffering, loss of enjoyment of life, and any potential future losses or expenses.
How can I prove negligence in a birth injury case?
To prove negligence in a South Carolina birth injury case, you need to demonstrate that the medical provider has a duty to provide the standard of care accepted in the medical community for similar situations and that they failed to meet it, directly causing the injury. This requires you or your attorneys to collect all medical records from pregnancy, birth, and postnatal care, testimonies from medical experts, witness testimonies, and findings from any investigations into the incident.
Will my birth injury case go to trial?
Many birth injury cases are settled out of court. However, Edwards Kirby’s birth injury attorneys are prepared to fight for you in court if need be.
How does Edwards Kirby support families during the birth injury legal process?
Edwards Kirby supports families through the birth injury legal process by leveraging their extensive experience in handling malpractice cases to provide comprehensive legal representation. We manage all aspects of the legal process, from gathering evidence and consulting medical experts to negotiating settlements and, if necessary, representing families in court.
What is birth injury payout?
A birth injury payout is the compensation awarded to families when medical negligence during labor and delivery results in injury to the infant or mother. It is designed to cover various costs and damages, including medical expenses (both immediate and ongoing), rehabilitation costs, pain and suffering, loss of future earnings, and the need for any special care or equipment.
If You or A Loved One Has Been Injured in a Car Accident, Call Edwards Kirby Today!
919-780-5400
OUR COMMITMENT TO CHARLESTON, SC VICTIMS
Edwards Kirby is bringing its acclaimed litigation prowess from North Carolina to Charleston, South Carolina, bolstering its commitment to justice for families affected by birth injuries. With an unwavering commitment to justice and a deep dedication to their clients, Edwards Kirby’s birth injury lawyers are fully prepared to leverage their extensive experience to support South Carolina victims, ensuring families receive the compassionate support and vigorous representation they deserve as they seek rightful compensation.
If You or A Loved One Has Been Injured in a Car Accident, Call Edwards Kirby Today!
919-780-5400
We’re Here to Help
Call 919-780-5400 or fill out our online form to request a free consultation. You won’t pay unless we win!