Birth Injury Leads to South Carolina Medical Malpractice Suit

Birth Injury Leads to South Carolina Medical Malpractice Suit

Charlotte, NC Personal Injury Lawyer

Parents of a newborn infant who suffered birth injuries have filed a federal medical malpractice suit against various healthcare providers. The suit alleges that the mother began seeing the defendants when she was 36 weeks pregnant. She initially received a sonogram, which revealed the presence of excessive accumulation of amniotic fluid around the baby. Despite this, the mother was never informed of the dangers of proceeding with a vaginal birth under these circumstances.

The mother was admitted several weeks later to a healthcare facility for the induction of labor. She was administered several doses of Pitocin to induce contractions. Throughout the delivery and despite signs that the fetus was in distress, a Caesarian section was never offered to the mother as an option. Nor was the mother informed of the possibility of birth defects and injuries as a result of the use of Pitocin. As a result (the suit alleges) the baby suffered a brachial plexus injury and was diagnosed with Erb’s palsy.

Will These Healthcare Providers Be Held Responsible?

In a medical malpractice case, a healthcare provider can be held responsible for injuries caused if the injured plaintiff is able to show that the treatment or care rendered by the provider fell below an “objective standard of reasonableness.” In other words, if the healthcare provider acted in a manner that a reasonable provider with the same background in the same community would not have, then the healthcare provider will be considered negligent and can be held responsible for the damages he or she caused.

As one can imagine, showing that a healthcare provider acted contrary to an “objective standard of reasonableness” is not always easy. Oftentimes, one or more medical experts are needed in order to establish not only what the provider should have done under the circumstances, but also that no reasonable provider would have done what the healthcare provider did in fact do. For instance, in the suit discussed earlier, the parents of the injured newborn will need to show that (for example) no reasonable South Carolina doctor would have continued to administer Pitocin to induce contractions under the circumstances.

How Does a South Carolina Medical Malpractice Attorney Help?

Some individuals injured by a healthcare provider believe their case is “clear cut” and can be easily won in court or settled out of court. However, just because a person is injured at a doctor’s office or in a hospital does not mean that person is entitled to compensation – first, it must be proven that the healthcare provider was so careless no other reasonable healthcare provider would have done what he or she did. A South Carolina medical malpractice attorney often has the resources necessary to find and produce medical experts who can evaluate and critique the level of care you received.

Bice Law, LLC’s team of dedicated attorneys are ready to help you or your loved one following a medical mistake. Contact us at (800) 500-BICE for help today.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.


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