What Expectant Parents Must Know About Birth Injuries

What Expectant Parents Must Know About Birth Injuries

Rock Hill SC Birth Injury Lawyer

Three percent of all children born in the United States have birth defects. Those who have suffered minor injuries recover completely after some time but others are incapacitated for life. Birth injuries can result from negligent and avoidable errors on the part of doctors, nurses or hospital staff. Parents can claim compensation when the injury is suspected to have occurred due to medical malpractice.

 What are the common birth injuries?

  • Cerebral Palsy
  • Erb’s Palsy
  • Brachial plexus injury
  • Injury and disfigurement from forceps
  • Vacuum extraction injury
  • Klumpke’s Palsy

 The common causes of birth injuries include:

  • Failure to diagnose and treat seizures following delivery
  • Oxygen deprivation resulting from a lack of intervention when the fetus remains for too long in the birth canal
  • Failure to monitor and attend to changes in the mother’s condition
  • Improper use of forceps or excessive use of vacuum extraction.

 What does the compensation cover?

 A birth injury lawsuit can provide compensation for economic and non-economic damages. The former includes medical bills, long-term and rehabilitation costs, special education costs, loss of future wages and necessary home modifications. The latter includes pain, suffering and emotional distress.

 What is the statute of limitations on birth injury lawsuits in South Carolina?

 The state law implements a three year statute of limitations for birth injury against medical providers. The statute is applicable from the date the injury was discovered or should have been discovered. You cannot bring a claim more than six years following the negligent act even if the injury is discovered after this time.

 If the party at fault is a state hospital, you have one year to file a claim that extends the statute of limitations against the party in question to three years. If you don’t file a claim against the party, the statute of limitations drops to two years. You have two years to file an administrative claim against a federal government institution; the entity must accept or deny your claim within six months and you have six months from the date of denial to file a birth injury lawsuit.

 Who will receive compensation after a successful lawsuit?

 The damages are generally awarded to the child. As a parent, you may be entitled to compensation for the emotional distress caused by the injury. In the unfortunate event that the baby has lost his/her life, you can file a wrongful death lawsuit and receive compensation for pain, suffering and loss of companionship.

 Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.


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