When Your Back Is Against The Wall

South Carolina Birth Injury Attorney

Compassionate & Experienced Legal Representation for Victims of Birth Injuries in South Carolina

Childbirth is a significant and delicate procedure that requires a medical team’s utmost care and attention. During this time, healthcare professionals are expected to fulfill their duty of care to the highest degree. Unfortunately, there are situations in which this standard of care falls by the wayside, leading to subpar care and, in some instances, birth injuries.

When a child is injured during childbirth, the experience can be incredibly distressing for the affected family. If you find yourself in this situation, our South Carolina birth injury attorney at Lanier Law Group, P.A. can stand by you as you seek justice and compensation, providing unwavering support and aggressive representation as you navigate the legal process.

Why should you choose us? Our track record serves as a testament to our steadfast dedication and relentless pursuit of justice, with millions of dollars in compensation successfully recovered for our esteemed clients.

At Lanier Law Group, P.A., we believe in the power of empathy and legal acumen. Our team is committed to providing you with representation and support during this challenging period.

To get started, call 919-342-1368 today.

Common Birth Injuries

Birth injuries come in a variety of forms. Some of these injuries are more frequently seen than others, largely due to the complexities inherent in the birth process.

Some of the more common birth injuries include:

Cerebral palsy: This condition is prevalent in infants and young children and primarily affects muscle coordination and movement. It’s often a result of brain injury or abnormal development during the brain’s formative stages—before, during, or after birth—leading to impaired control over motor skills, posture, and balance.
Brachial plexus injuries (Erb’s Palsy): Erb’s Palsy is a birth injury that results from damage to the network of nerves near the neck responsible for coordinating all movements of the upper limbs. Infants with this condition may experience varying degrees of paralysis, loss of sensation, and motor skill issues in the affected arm, which, if severe, may require extensive therapy or surgery.
Hypoxic-ischemic encephalopathy (HIE): Hypoxic-ischemic encephalopathy (HIE) is a severe birth injury that transpires when an infant’s brain does not receive adequate oxygen for a significant period. This deprivation can lead to a range of health effects, including physical and cognitive developmental delays, seizures, and, in severe cases, permanent brain damage or even fatality.
Perinatal asphyxia: This is a medical condition characterized by a newborn’s lack of oxygen before, during, or just after birth, which can lead to serious complications. In severe cases, this deprivation of oxygen can result in long-term neurological issues, developmental delays, or even fatality, often leading to potential legal recourse under South Carolina law if caused by medical negligence.
Bone fractures: These fractures, most commonly to the clavicle or collarbone, can lead to immediate distress and potentially long-term complications for the newborn.
Intracranial hemorrhage: This is a severe birth injury that occurs when there is bleeding within the skull, typically due to a traumatic birthing process, such as forceps or vacuum extraction, or a difficult delivery, like prolonged labor or breech presentation.

These are just a few examples. If your child has suffered a birth injury in South Carolina, we recommend that you meet with a member of our team to discuss your rights and legal options.

Proving Negligence in a Birth Injury Case

In South Carolina, successfully proving negligence in a birth injury case involves demonstrating four key elements: the existence of a duty of care owed by the healthcare provider, a breach of that duty, a causal connection between the breach and the birth injury, and the resulting damages suffered by the child and their family.

By carefully examining each of these elements, plaintiffs can begin to put together a strong case:

Duty of care: Medical practitioners have a crucial responsibility to uphold a standard of care. In cases involving birth injuries, this entails adhering to accepted medical practices throughout the prenatal period, labor, and delivery. Their commitment to these practices is integral to the well-being of patients and the delivery of optimal healthcare.
Breach of duty: A breach of duty arises when a healthcare provider fails to meet the established standard of care. This encompasses actions or omissions by the medical professional that deviate from commonly accepted practices.
Causation: Causation is the connection between the healthcare provider’s failure to fulfill their duty and the harm suffered by the child. It should be clear that the child would not have experienced the injury if it were not for the negligence of the practitioner.
Damages: In order to establish a valid claim, it is crucial to prove that you suffered losses as a result of the injury. These may encompass physical harm, developmental challenges, medical expenses, ongoing treatment costs, and pain and suffering.

Our attorney is dedicated to assisting you in collecting and presenting the evidence needed to establish these elements. Whether it entails acquiring medical records, securing expert testimony, or reconstructing the sequence of events that led to the injury, we are fully committed to constructing a compelling case on your behalf.

Types of Compensation Available in Birth Injury Cases

Although no sum of money can fully make up for the emotional and physical distress caused by birth injuries, South Carolina law recognizes the financial strain that families in your situation endure. You have the right to seek different types of compensation that can alleviate the financial and emotional strain that comes with caring for an injured child. Our goal is to secure the compensation you need to provide your child with the care necessary to navigate any challenges stemming from their injury, both in the immediate and long-term future.

Possible damages in birth injury lawsuits include:

Medical expenses: This includes costs for immediate medical treatment following the birth injury, as well as future medical fees for ongoing care, surgeries, medications, and therapies.
Pain and suffering: This compensation is meant to cover the physical pain and emotional suffering you and your child have experienced as a result of the birth injury.
Mental anguish: This form of compensation recognizes the emotional distress and mental suffering that parents and families undergo after a birth injury. It can include conditions like anxiety, depression, and post-traumatic stress disorder, brought on by the traumatic experience and the ongoing challenges that come with caring for a child who has sustained birth injuries.
Home modification costs: If your child’s injury necessitates modifications to your home, such as wheelchair ramps or special bathing equipment, these costs can be included in the claim.
Lost earning capacity: If the injury is severe enough to impact your child’s ability to earn an income in the future, compensation for lost earning capacity can be sought.
Punitive damages: While not common, in cases where the healthcare provider’s conduct was particularly egregious, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.

Remember, each case is unique, and the specific damages available in your case will depend on the details of your situation. Our team can help you calculate these damages and fight for the maximum compensation you and your child deserve.

Let Lanier Law Group, P.A. Champion Your Rights

Navigating through a birth injury lawsuit can be an overwhelming experience, particularly when faced with the emotional and financial strain that often accompanies such cases.

We want to remind you that you don’t have to face this daunting challenge alone; however, we also want to encourage you to act quickly, as the statute of limitations for personal injury claims in South Carolina is only three years.

At Lanier Law Group, P.A., our South Carolina birth injury attorney can make the process of seeking justice easier to navigate. We understand the complexities involved in cases like these and are committed to fighting tirelessly on your behalf. With our unwavering dedication and compassion, you can trust us to provide the guidance and advocacy you need during this difficult time.

If your child has suffered a birth injury due to medical negligence, don’t hesitate to contact us online or call 919-342-1368 to schedule a free consultation.

We Won't Back Down

Lanier Law Group is Here When Results Matter Most

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We Fight for Our Clients

*Featured Case Results, Settlements, & Trial Wins From Our Attorneys

Any result the law firm may achieve on behalf of one client is one matter and does not necessarily indicate similar results can be obtained for other clients.

$4.8 Million

Settlement

A case with multiple plaintiffs who were potentially exposed to a deadly disease while in the hospital.

$3.1 Million

Birth Injury/Hypoxic Brain Injury

The OB doctor’s negligence caused a delay in the baby’s birth which resulted in the baby suffering of a severe hypoxic brain injury.

$1.375 Million

Medication Overdose/Hospital Negligence

Our client died following an overdose of medication that occurred as a result of the negligence of the nursery staff while they were in the hospital.

$1.2 Million

Birth Injury/Developmental Delay

Our client suffers from a severe developmental delay following a birth injury when there were signs of fetal distress that were not responded to.

$500,000

Botched Gall Bladder Surgery

Our client suffered an injury to their common bile duct during a laparoscopic cholecystectomy.

$425,000

Surgical Error

A client had their bowel perforated during a ventral hernia repair.

We Never Back Down From a Fight

Featured Reviews, Testimonials & Results

Any result the law firm may achieve on behalf of one client is one matter and does not necessarily indicate similar results can be obtained for other clients.

"20 out of 10 stars."

There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it’s interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don’t have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.

- Diane W.

"Lanier Law Group will always be the choice for me and all my family members"

I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!

- Phillip J.

"So thankful for your expertise and professionalism"

Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.

- Mario H.

"Always ready to answer any questions I may have"

The staff kept me well informed in a more than timely manner and was always ready to answer any questions I may have.

- Timothy M.

"The Lanier Law Group provided excellent customer service!"

The Lanier Law Group provided excellent customer service! My main contact was Denise.

- Malinda P.

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After an injury, every second counts. We are available to meet with you in person, virtually, or at your location to provide the highest quality legal counsel.

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