The birth of a child should be one of the most joyful experiences in a parent’s life. However, when medical professionals fail to provide proper medical care during labor and delivery, the results can be devastating. Families in South Carolina who face the heartbreak of a preventable birth injury often find themselves struggling with emotional pain, financial strain, and uncertainty about their child’s future.
Joye Law Firm Injury Lawyers is ready to help. An experienced South Carolina birth injury lawyer can represent your family and fight back against medical negligence. Our firm has recovered millions in settlements and verdicts for personal injury victims throughout South Carolina, and we are committed to fighting for justice for parents and children affected by serious birth injuries.
Our compassionate legal team understands what families go through after a traumatic birth. Get the skilled legal representation, medical insight, and emotional support you need to pursue maximum compensation for your child’s ongoing medical care, therapy, and future needs.
What Is Considered a Birth Injury Under South Carolina Law?
A birth injury is any physical or neurological harm that occurs to an infant before, during, or immediately after delivery. Under South Carolina law, a preventable birth injury is one that results from medical negligence or a failure to meet the accepted standard of care during the labor and delivery process.
Birth Injuries vs. Birth Defects
It is important to understand the difference between birth injuries and birth defects.
- Birth injuries are typically caused by trauma, oxygen deprivation, or mistakes made by medical professionals during childbirth.
- Birth defects, on the other hand, are usually related to genetic or developmental conditions that occur before birth and are not caused by medical errors.
Common Causes of Preventable Birth Injuries
Preventable birth trauma often happens when doctors, nurses, or other medical staff make critical mistakes, such as:
- Failing to respond promptly to signs of fetal distress
- Delaying a necessary C-section
- Improper use of delivery tools like forceps or vacuum extractors
- Inadequate monitoring of the baby’s oxygen levels
- Mismanagement of maternal infections or umbilical cord complications
These failures can result in serious newborn brain damage, delivery injury, or lifelong complications. When an OB-GYN’s negligence causes harm, families may have the right to file a medical malpractice claim under South Carolina law.
What Are the Most Common Types of Birth Injuries in South Carolina Hospitals?
Birth injuries can range from mild and temporary to catastrophic and permanent. They generally fall into two categories: physical injuries and neurological injuries.
Physical Birth Injuries
These injuries affect the baby’s body and may include:
- Brachial plexus injuries, such as Erb’s palsy, are caused by excessive force during delivery.
- Shoulder dystocia occurs when the baby’s shoulders get stuck in the birth canal.
- Fractures, especially of the clavicle or collarbone.
- Facial paralysis resulting from pressure on facial nerves during birth.
Neurological Birth Injuries
Neurological injuries are among the most severe and can have lifelong consequences:
- Cerebral palsy, often caused by oxygen deprivation or hypoxic-ischemic encephalopathy (HIE)
- Brain damage during delivery due to a lack of oxygen or blood flow
- Seizure disorders and developmental delays
Warning Signs for Parents
Parents should be alert to symptoms such as:
- Unusual muscle stiffness or limpness
- Seizures or breathing difficulties
- Feeding problems or failure to thrive
- Delays in developmental milestones
If you notice any of these signs, consult a doctor immediately. Early diagnosis can improve your child’s quality of life and strengthen your potential birth injury claim.
