Having a baby is one of the greatest joys a new parent can experience. Unfortunately, the delivery process can be risky, and newborns are sometimes injured. While some birth injuries may recover in time, others leave newborns with lifelong complications, and families deserve justice. Families may file civil claims for birth injuries, and they may receive fair compensation on behalf of the injured newborn.
You should have your child evaluated by doctors as soon as possible to determine the extent of their injuries and your damages. Birth injuries might stem from factors including your doctor’s negligence, trauma during delivery, and unsafe medication. Doctors, hospitals, and manufacturers of potentially hazardous medications may be held liable, depending on the circumstances. You have limited time to file your case, and your attorney can help you determine when you must file and what kind of damages you may claim.
Receive a private case review for free by calling (803) 219-4906 and talking to our birth injury attorneys with Rice Law.
Taking Legal Action for Birth Injuries in South Carolina
Birth injuries can be devastating for babies and their families. Your injured child may be entitled to fair compensation from those responsible, and you can file a civil case on their behalf. The next question is, what kind of legal action can you take to get justice for your child?
When it comes to birth injuries, there is a good chance that plaintiffs have a medical malpractice claim. These claims are often filed against negligent medical professionals, including doctors and nurses. You may even sue the hospital where your child was delivered. Medical malpractice cases often involve complex medical information, and medical professionals who can testify as expert witnesses may be necessary.
If your child was injured at birth, you should begin by having them evaluated by another doctor. Our birth injury attorneys need to know the extent of the child’s injuries and whether they present any long-term complications. The more serious the injuries, the greater the impact on your child’s life, and the more significant your damages should be.
How Birth Injuries Can Occur in South Carolina
One of the first steps toward getting fair compensation and justice is to determine how the birth injuries occurred. While pregnancy and delivery are not without risks, doctors must make sure to provide treatment that meets the standard of care.
Failure to Diagnose
Many pregnant people experience illness or complications that could put their baby’s health at risk. If your child was born with injuries because your doctor negligently failed to diagnose you and provide treatment, they might be held legally responsible. If the diagnosis is one that another reasonable doctor would have caught under similar circumstances, we can argue that your doctor failed to meet the standard of care. Our birth injury attorneys must have another medical expert review your medical records to determine if the failure to diagnose constitutes medical malpractice.
Birth Trauma
The delivery itself might be physically traumatic for a newborn. Common complications include getting stuck in the birth canal or being injured by medical tools like forceps. If a doctor uses too much force or applies force in the wrong way while delivering a newborn, the baby might be badly injured.
It is not unheard of for babies to be born with fractures, nerve damage, or other painful injuries because of trauma during delivery.
Medications
Medication is a normal part of medical care, including for pregnant people. However, many medications are unsafe to take during pregnancy as they may cause injuries or defects in an unborn child. Your doctor is responsible for knowing what medications are safe and which should be avoided during pregnancy. If you were mistakenly prescribed a dangerous medication and your child was injured, you may be entitled to fair compensation.
Another possibility is that your doctor believed the medication was safe because the pharmaceutical company that produced it said so. We might have a claim against the pharmaceutical company if their medication was more dangerous than they led the public to believe.
When to File a Civil Case for Birth Injuries
Medical malpractice claims adhere to a somewhat complex statute of limitations. The general statute under S.C. Code Ann. § 15-3-545(A) states that these claims must be filed within 3 years of the medical injuries or 3 years from the date the plaintiff discovers the injuries, whichever is later.
However, the law works differently for medical malpractice victims who are minors. While parents often file birth injury cases, they are not necessarily the plaintiffs. The injured child is the plaintiff, and their case must be filed according to different rules.
According to § 15-3-545(D), medical malpractice claims for minor plaintiffs may be tolled for no longer than 7 years. After the tolling period, the 3-year limitation period may begin, effectively giving the plaintiff 10 years to file the case. However, the limitation period may be tolled for any amount of time if someone commits some fraud to prevent the case from being filed on time.
A child injured at birth likely will never be able to file a birth injury case on their own behalf within the time period set by law. As such, parents and guardians are often responsible for bringing these claims.
Damages Recoverable in South Carolina Birth Injury Cases
Birth injuries may come with numerous expenses and a lot of heartache for families. Children might have to grow up with serious disabilities and medical conditions that require constant care. Those responsible for birth injuries should be made to cover these damages so that your family can get justice and find closure.
Medical Costs
The medical expenses of birth injuries can be astronomical. First, we should consider the immediate costs. After birth, your child might need immediate medical care for their injuries. Depending on the severity of the injuries, this may require extensive and costly treatment.
Next, we must consider the long-term implications of the birth injuries. Many injured newborns live with long-term complications or disabilities. Your child might need expensive medical care for the rest of their lives. Not only can we claim current medical costs, but we may also estimate the value of these future expenses and add them to your claim.
Pain and Suffering
Pain and suffering involve non-economic damages that do not necessarily cost money but still warrant compensation. In cases involving birth injuries, non-economic damages may be substantial.
Your child’s injuries might involve serious physical pain. Even though a newborn might not be able to express what kind of pain they are in, doctors can inform us what the injury is and how much pain it inflicts.
We should also account for emotional and psychological injuries. Children who experience birth injuries might have to grow up with permanent injuries or disabilities. They may also face a lifetime of uncomfortable medical care. This can take a serious mental and emotional toll, and significant compensation should be awarded.
We must also be mindful of limits on non-economic damages in medical malpractice cases. According to S.C. Code Ann. § § 15-32-220(A)-(C), non-economic damages in cases against a healthcare provider or a healthcare institution are capped at $350,000. If your case involves multiple doctors or hospitals, non-economic damages are capped at $350,000 per defendant with a total limit of $1,050,000.
Caps on punitive damages may be lifted if the court determines that the defendants acted with reckless, willful, or wanton conduct or acted with gross negligence. This may come up if we seek to prove punitive damages.
Punitive Damages
Although rarely awarded, punitive damages might be available in certain cases. These damages are awarded to punish defendants for egregious behavior, not to compensate plaintiffs for specific injuries or losses. Even so, these damages may be substantial and can provide significant help to plaintiffs as they cope with mounting medical costs and other expenses.
According to § 15-32-520(D), the court may award punitive damages only if the plaintiff can prove, by clear and convincing evidence, that the defendant caused the birth injury through wanton, willful, or reckless actions. This is a high burden of proof, and we will need strong evidence to support these claims.
Under § 15-32-530(A), punitive damages may be capped at either triple the value of the plaintiff’s total compensatory damages or a sum of $500,000, whichever is greater.
Evidence We Need to Prove Your Birth Injury Civil Case
To prove that someone is responsible for your child’s birth injuries, we need the strongest evidence we can find. Much of our evidence will likely center on your medical care and treatment during pregnancy and delivery.
Medical records are crucial to your case. We need records from the beginning of the pregnancy to when the birth injuries are discovered. The records might indicate when and how the injuries occurred. Your medical records should also inform us of what kind of medication, if any, you were taking and whether it might have played a role in your child’s injuries.
Since medical malpractice cases involving birth injuries can be highly complex, we will likely need medical experts to weigh in. Medical experts may review your records, other information, and evidence to render an opinion on how the injuries occurred. Experts may even offer their opinion as to who is to blame.
Examples of Common Birth Injuries
A broad spectrum of birth injuries may be possible depending on the circumstances surrounding a pregnancy and delivery. Some injuries may be more debilitating than others, but all deserve fair compensation.
Brain Damage
Brain damage might result from various traumas or complications. For example, if a newborn is stuck in the birth canal, they might be deprived of oxygen for too long. For example, if a baby is too large to be safely delivered through the birth canal, a C-section might be necessary, and your doctor should know when to make that call.
Brain damage might also happen from some sort of trauma. If a doctor applies too much force when trying to deliver the baby, they might injure the skull and cause brain damage. Such injuries often have permanent complications and can make life very challenging.
Brachial Plexus injuries
When a child is delivered, a negligent doctor might pull too hard on their body, causing a brachial plexus injury. This injury involves damage to the nerves running from the neck down the shoulder and arm. Many victims live with limited mobility in their arms or weakness. In serious cases, an injured victim might be unable to use the affected arm.
Physical Trauma
Many other injuries are the result of physical trauma. The misuse of medical tools or equipment during delivery could cause serious injuries to the newborn. Fractures, nerve damage, and even spinal cord injuries are not unheard of. While some injuries recover quickly, others are more serious and might have lasting effects.
How Long Your Birth Injury Case Might Take
Families often want justice for injured newborns quickly, but this is not always possible. The wheels of justice tend to turn slowly, and how long your case takes depends on numerous factors.
The severity of the injuries may help determine how long a case takes to complete. More serious injuries often require more extensive evaluations by expert witnesses, and the case might take longer.
When you notice the injury may also play a role. Injuries that are clear from birth tend to be treated more quickly, and parents may take legal action sooner. If the injuries were not apparent for a few months after birth, we might need more time to evaluate the injuries and make sure they were indeed caused during birth.
Another important factor is the complexity of the facts. If a case is more complicated, we may need more time to gather evidence and fully understand the injuries.
Receive Legal Support From Our South Carolina Birth Injury Attorneys
Receive a private case review for free by calling (803) 219-4906 and talking to our birth injury lawyers with Rice Law.