(888) 324-3100

Clinton Birth Injury Law Firm

free consultation

A child’s birth should be a time of joy and celebration. But sometimes, something goes wrong in the childbirth process and serious injury to the infant or mother results. The injury or death of an infant can leave a family with expensive medical bills in addition to the overwhelming tragedy of the event and the problems that lie ahead. A dedicated and caring lawyer, however, can help you recover the compensation you need to move forward from this matter.

Common Causes of Birth Injuries

Approximately seven in every 1,000 infants born in the U.S. each year suffers some type of birth injury. Regrettably, many of these injuries are preventable and may be permanent.

Not all birth injuries are the fault of the doctor or any other medical professional. For example, problems resulting from abnormal fetal presentation or abnormal fetal descent may be unavoidable. But, sadly, sometimes a medical professional’s negligence during delivery leads to a birth injury.

Nurse wrapping up baby to represent birth injuries
free consultation

Often, these injuries are caused by a failure to act, rather than by a deliberate harmful act. Common causes of birth injuries include:

  • The failure to monitor the mother;
  • A failure to pay proper attention to the fetal heart monitor;
  • The improper use of forceps, a vacuum, or other surgical instruments;
  • The improper use of force to free an infant’s shoulder that has become stuck behind the mother’s pelvis;
  • Incorrect manipulation of an infant’s body during delivery;
  • The failure to perform a necessary Caesarian section;
  • The improper use of Pitocin or other drugs;
  • Gestational diabetes complications;
  • The failure to monitor and account for a mother’s or infant’s medical condition; and
  • Inadequate communication between doctors, nurses, and other medical staff.

Common Birth Injuries in Newborns

A wide range of injuries may constitute birth injury malpractice, from minor bruising or broken bones to hemorrhages or brain damage. Some injuries heal right away, within the first weeks of an infant’s life. Others are permanent and cause lifelong disability. Those who have suffered birth injuries may require surgery, years of physical therapy, and lifelong assistance in performing basic daily tasks. Birth injuries can affect the child and the child’s family for life, and can also be very expensive.

Common birth injuries include:

  • Broken bones: Broken bones may be caused by the undue use of force during delivery. Skull and other fractures can result from the improper use of forceps or vacuum extraction, especially if an infant’s shoulder is stuck behind the mother’s pelvis.
  • Bruising injuries: Bruising injuries can include caput succedaneum and cephalohematoma, or the bruising, bleeding, and swelling of the infant’s head. Bruising, facial paralysis, and other forceps injuries may result from excessive force in delivery. Subconjunctival hemorrhage, or broken blood vessels in eyes, may also be caused by a doctor’s carelessness.
  • Brain damage: An infant’s brain injury could have been caused by the oxygen or blood supply being cut off during birth, physical trauma in the delivery process, or infections in the mother’s body. intellectual disabilities are among of the most common brain injuries. Others include, developmental delays, abnormal temperament, and cranial deformities.
  • Cerebral palsy: Cerebral palsy is one of the most common birth injuries. It is a neurological disorder of the central nervous system, generally caused by delayed delivery and lack of oxygen, head trauma during delivery, or extremely premature birth, which can be caused by a failure to diagnose a medical condition. Cerebral palsy is characterized by poor reflexes, poor motor development, muscle spasms, difficulty in walking and speaking, general lack of coordination, deformed bones or joints, and learning disabilities.
  • Brachial plexus injuries (palsy): Brachial plexus injuries are injuries to the nerves of the lower neck. Klumpke’s paralysis is a brachial plexus injury characterized by the paralysis of hands or arms, and is sometimes accompanied by a drooping eye on the opposite side of the body from the paralysis. Horner’s syndrome is another common brachial plexus injury and involves droopiness of the eyes and other eye issues.
  • Shoulder dystocia: Shoulder dystocia occurs when the head is delivered but the shoulder of the infant gets stuck behind the mother’s pelvis. It can cause brachial plexus injuries or damage to the nerves in the shoulder or upper arm. Erb’s palsy is the most common type of shoulder dystocia injury. It could cause the arm not to grow fully or may result in diminished use of the arm.
  • Acquired dystonia: Acquired dystonia is a neurological movement disorder. It involves muscle contractions that cause involuntary movements, twisting of the limbs, and abnormal postures. Dystonia can be caused by hypoxia or neonatal brain hemorrhage.
  • Oxygen deprivation injuries: Oxygen deprivation injuries, or hypoxia, result when the infant’s brain does not get sufficient oxygen, so brain cells are destroyed. This can be caused by failing to monitor the fetus, to timely perform a C-section, or to diagnose a medical condition. Injuries resulting from hypoxia can include seizures, developmental delays, and cerebral palsy. Additionally, one in three infant deaths is caused by hypoxia.
  • Abruptio placentae: Placental abruption occurs when the placenta separates from the inner wall of the uterus during pregnancy. Placental abruption requires immediate treatment for the mother and child, so the mother’s physician needs to treat the condition quickly. It can result in loss of oxygen and growth and developmental delays.
  • Injuries to the mother: A common injury to the mother is preeclampsia, which can have life-threatening consequences if untreated. Preeclampsia can cause placental abruption, hemolysis, deprivation of oxygen to the baby, blood vessel disorders, and eclampsia, which includes seizures. Preeclampsia is not curable, but it is treatable, and mothers with preeclampsia should be monitored. Other possible injuries to the mother include chorioamnionitis, infection, loss of vision, and others.

TESTIMONIALS

5 star rating
"Davis Rice and the Joye Law Firm did more for me than I thought was ever possible."

-- Kathy, Actual Client

See More Testimonials

RECENT BLOG

  • What Is A Medical Costs Projection and Do You Need One?

    medical billing statement paperwork after a workers' comp claim

    Blog by: Attorney Ken Harrell In handling personal injury and workers’ compensation cases for injured South Carolinians for more than 30 years, it has become apparent to me that my clients’ future medical costs are often a crucial component of… read more

    Continue Reading

  • Wait Before Applying for Social Security Disability if Claiming Worker’ Compensation Benefits

    worker injured on duty

    Many of our most seriously injured workers’ compensation clients also end up applying for Social Security disability benefits because their permanent physical restrictions from their injuries (combined with a host of other factors) are such that no reasonably stable job… read more

    Continue Reading

  • After A Truck Accident In Clinton, Who Is Sued: The Driver Or The Trucking Company?

    While Clinton, South Carolina is home to only 8,000 people, one of the most dangerous trucking highways in the country passes through our home town. Every year the Department of Transportation makes a list of the most dangerous highways in… read more

    Continue Reading

  • Should You Worry About Anesthesia Errors in Clinton, South Carolina?

    During surgery and other invasive medical procedures, patients are often administered anesthesia. This is a vital part of the process, as anesthesia will help to dramatically reduce a patient’s pain. However, it is important to note that anesthesia is a… read more

    Continue Reading

  • The Most Common Manufacturing Accidents in Clinton

    According to data from the Bureau of Labor Statistics (BLS), workers in the manufacturing industry face injury risks that are well above the national average. In fact, the BLS reports that over 100,000 manufacturing workers suffer significant on-the-job injuries each… read more

    Continue Reading

What can I recover in a Birth Injury Claim?

When a birth injury is caused by a medical professional’s negligence, the family of the injured infant can recover money damages to compensate the child and the parents for their loss. Birth injuries are often extremely expensive, especially if they result in lifelong medical conditions. Financial damages may include past and future medical expenses, physical therapy, and the cost of a caretaker for the child.

Noneconomic losses are also compensable. They may include damages for pain and suffering, disability, loss of enjoyment of life, and wrongful death, among others.

Contact Our Clinton Birth Injury Law Firm Today

An experienced legal team is necessary to properly litigate a birth injury claim. Pediatric specialists and other medical experts will speak with the attending doctors and nurses, review witness testimony and medical records to find inconsistencies, and examine the injured child to reach a diagnosis, and provide expert testimony. We will research the hospital and doctors’ backgrounds to search for any prior incidents of malpractice. We collect medical records, doctors’ notes, and reports to build the strongest case possible for you and your child.

Our legal team has been protecting the injured in South Carolina since 1968. Several of our lawyers have been honored to be listed as Super Lawyers and given an AV Preeminent rating by Martindale-Hubbell, the highest rating available for ethics and legal skills. Our legal team is prepared to fight to protect you and your family and help you to obtain the compensation you need to get your life back on track.

If you have suffered a birth injury in Clinton, South Carolina, please contact a dedicated today at the Joye Law Firm at (877) 933-9707 to schedule a free initial consultation.

Partners

  • Mark Joye

  • Ken Harrell

Attorneys

  • Davis Rice

CASE STUDIES

Sizeable Settlement

Teen Who Lost an Arm on the Job

A significant, confidential settlement was reached for a young Joye Law Firm client who suffered life-altering injuries at his after-school job. Joye ...

Read More

$700,000

18-Wheeler Driver Nearly Killed in the Line of Duty

Johnnie was on his way home when a car ran a stop sign in front of his 18-wheeler, causing a serious accident.  Thinking quickly, Johnnie’s heroic ...

Read More

Multi-Million Dollar Settlement

South Carolina Man Nearly Killed in Head-on Collision on I-526.

When a truck hauling heavy machinery crossed the grass median and entered the eastbound lanes of I-526, Dillon Wright’s small passenger vehicle didn...

Read More

trust is important to us
martindale badge
Contact Image

we want to hear about your case