SOUTH CAROLINA BIRTH INJURY LAWYERS

Raleigh Birth Injury Lawyers

Representing Children & Families Across South Carolina

When obstetricians, nurses, and other medical professionals fail to meet the standard of care, innocent children can face lifelong repercussions. At Edwards Kirby, we are committed to seeking justice for families who are facing life after a birth injury in South Carolina. We believe in helping children get the lifelong care they need to face happier, healthier, and more stable futures.

Understanding Birth Injury Claims

When a child suffers a birth injury in South Carolina, the path to securing compensation and justice can be complex and emotionally taxing. Filing a birth injury claim involves navigating intricate legal procedures and proving negligence, which requires demonstrating that medical professionals failed to provide the standard of care expected. This process is crucial for families seeking to cover the extensive costs associated with the child’s recovery and ongoing care needs.

Edwards Kirby, with its team of experienced attorneys, specializes in handling such delicate cases with the utmost care and professional expertise. Here’s how we guide families through the process:

• Initial Consultation: Edwards Kirby offers a free, confidential initial consultation to understand the specifics of the birth injury and explore the legal options available.
• Investigation and Evidence Gathering: We conduct thorough investigations to collect all necessary medical records, witness statements, and expert testimonies to build a robust case.
• Proving Negligence: The firm focuses on establishing negligence by demonstrating how the medical providers deviated from standard medical practices.
• Calculating Damages: We meticulously calculate both current and future damages related to medical expenses, therapy costs, special education needs, and personal care, ensuring that families receive the compensation required to support the mother or child’s needs.
• Negotiation and Litigation: With skilled negotiators and litigators, Edwards Kirby aims to reach a fair settlement out of court but is fully prepared to represent their clients in court if necessary.
• Support Throughout the Process: We provide compassionate support throughout the legal process, ensuring that clients are informed and comfortable every step of the way.

By entrusting your case to Edwards Kirby, you can focus on your child’s well-being while we handle the complexities of the legal process and strive to secure the best possible outcome for your family.

South Carolina Birth Injury FAQs

What constitutes a birth injury under South Carolina law?

Under South Carolina law, a birth injury is any harm or damage sustained by a newborn before, during, or immediately after childbirth due to medical negligence or misconduct. This can include physical injuries such as fractures or nerve damage, as well as brain injuries that result from oxygen deprivation or improper handling. The injury must be the result of a deviation from standard medical care by healthcare providers.

How long do I have to file a birth injury lawsuit in South Carolina?

In South Carolina, you generally have three years from the date of the injury to file a birth injury lawsuit. However, if the injury was not immediately discoverable, you have three years from the date the injury was discovered, but no more than six years from the date of the act that caused the injury.

What can I expect in terms of compensation from a birth injury lawsuit?

In a birth injury lawsuit, compensation can cover many damages, including medical expenses (both past and future), pain and suffering, loss of future earning potential, and costs for any necessary lifelong care or special education. The exact amount depends on the severity of the injury, the projected future needs of the child, and the circumstances surrounding the negligence.

How can I prove negligence in a birth injury case?

To prove negligence in a birth injury case, you must demonstrate that the healthcare provider failed to meet the standard of care that a reasonably competent provider would have met under similar circumstances. This involves showing that the provider’s actions or inactions directly caused injury to the child. Typically, this proof requires the testimony of medical experts who can attest to deviations from standard medical practices and link these to the injury sustained.

Will my birth injury case go to trial?

Whether your birth injury case goes to trial depends on several factors, including the willingness of both parties to settle and the strength of the evidence presented. Many birth injury cases are settled out of court to avoid the uncertainties and expenses of a trial. However, if a settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.

How does Edwards Kirby support families during the birth injury legal process?

Edwards Kirby supports families during the birth injury legal process by providing comprehensive legal representation, from conducting thorough investigations to negotiating settlements or litigating in court. We prioritize clear communication, offering compassionate and continuous support to ensure families are well-informed and comfortable throughout the duration of the case.