West Ashley Medical Malpractice Lawyers Help Families Recover Compensation After Birth Injuries During Labor and Delivery Process

Birth Injury Lawyers for Charleston, SC Malpractice Cases

Doctors occupy a special place of trust in society. We assume that doctors are skilled professionals who carefully evaluate all the possible alternatives before engaging in treatment. And while most doctors live up to these expectations, unfortunately, mistakes occur with alarming frequency. Nowhere are these errors more tragic than in the case of a birth injury.

At the Steinberg Law Firm, our compassionate team of West Ashley birth injury lawyers is here for you during what is undoubtedly an extremely challenging time. We recognize the trauma families experience after a birth injury and take special care to tailor our representation according to each client’s unique needs. For over 90 years, the Steinberg Law Firm has stood up for the rights of injured victims, fighting against physician’s offices, hospitals, and some of the most well-funded insurance companies in the country.

What Are Birth Injuries?

A birth injury is a specific type of medical malpractice claim that occurs at some point throughout pregnancy or during the labor and delivery process. Birth injuries are often the result of either an infant suffering physical trauma or being deprived of oxygen. There are many causes of birth injuries.

Birth injuries range in seriousness from minor mistakes that only temporarily impact a child’s first few days to those causing life-long disability. In the most severe and tragic cases, a baby does not survive due to a physician’s negligence.

Some of the most common types of birth injuries include:

• Brachial plexus injuries
• Brain damage
• Broken bones and fractures
• Cerebral Palsy
• Erb’s Palsy
• Excessive bleeding
• Infections
• Paralysis

While it may be too early to tell what the long-term effects of a birth injury will be, your family must endure the anxiety and uncertainty of waiting to realize the impact your child’s injuries will have on the rest of their life. Even if you are unsure how a birth injury occurred, it is not too soon to reach out to a lawyer to discuss your options.

How Common Are Birth Injuries in South Carolina?

While doctors undergo years of training, they are still human and will still make mistakes on occasion. However, because we place so much trust in doctors, most of us turn a blind eye to the frequency with which medical errors occur. For example, it is estimated that more than 28,000 babies are born each year with some birth injury.

However, the exact number of preventable birth injuries is difficult to determine for a variety of reasons. For example, medical experts cannot always definitively state the cause of a birth injury, and doctors and hospitals have every incentive to minimize the number of reported birth injuries per year. This may mean classifying what was a preventable injury as one stemming from natural causes.

While it is hard to rely on self-reporting to determine the rate of birth injuries, according to the Centers for Disease Control, about 1 in 345 children have Cerebral Palsy, one of the most common types of birth injuries. According to another medical study, as many as 2.5 in every 1,000 children suffer from brachial plexus injury during the birthing process. This same study found that 15 children out of every 1,000 suffered from clavicular fractures, and 10 out of every 1,000 babies suffered facial nerve damage during delivery.

Where Do Birth Injuries Occur?

Medical errors, including West Ashley birth injuries, occur at all hospitals, regardless of their rating or reputation. However, some types of hospitals are more likely to see higher rates of birth injuries than others.

In general, smaller hospitals have fewer instances of birth injuries than larger hospitals. According to one study, patients at small hospitals with fewer than 100 beds suffered a birth-injury rate of about 5.3 injuries per 1,000 births. Compare that to hospitals with 300 to 499 beds, where the birth-injury rate was more than 50 percent higher, at more than 8.5 birth injuries per 1,000 births.

Whether a hospital operates as a for-profit business also seems to have some bearing on the rate of birth injuries. Private for-profit hospitals saw birth injury rates of just 4.33 injuries per 1,000 births. However, public hospitals saw a significantly higher rate of birth injuries, at about 7.1 birth injuries per 1,000 babies born.

The Steinberg Law Firm birth injury attorneys in West Ashley represent families who experienced a serious birth injury across the Charleston area, including the following:

• Roper Hospital on Calhoun Street
Bon Secours St. Francis Hospital on Henry Tecklenburg Drive
• East Cooper Regional Medical Center on Hospital Drive
The Medical University of South Carolina on Ashley Avenue
• Mount Pleasant Hospital on North Highway 17
Summerville Medical Center on Midland Parkway
Trident Medical Center on Medical Plaza Drive

Whatever the size of the hospital or its track record, birth injuries will occasionally happen. When they do, it is crucial that you have a knowledgeable attorney on your side to help you through every step of the process.

What Can Families Do After a West Ashley Birth Injury?

It is every expecting family’s dream to give birth to a healthy child. When these hopes are shattered due to medical negligence, the trauma is unmatched by anything else you have experienced. These are normal feelings, given what you have been through.

However, you have options. Medical providers have a legal duty to provide a certain level of care throughout a woman’s pregnancy and during the birthing process. When a doctor, nurse, or other healthcare professional’s error causes injury to your child, you can pursue a West Ashley birth injury lawsuit.

A birth injury lawsuit is a medical malpractice claim premised on a healthcare provider’s negligence surrounding the birth of a child. Like other medical malpractice claims, to succeed in a birth injury lawsuit, you must prove certain elements, including:

1. The healthcare provider, hospital, or practice group owed you a duty of care;
2. They failed to provide care that met the duty they owed to you;
3. Their failure to do so resulted in injury to your child; and
4. Your family suffered economic or non-economic damages as a result.

Proving a West Ashley birth injury lawsuit can be challenging, even in cases where a medical provider’s negligence was evident. Families who have experienced the tragedy of a birth injury should reach out to a dedicated birth injury lawyer to ensure that their claim is properly prepared.

Requirements of a West Ashley Birth Injury Lawsuit

Medical malpractice cases are exceptionally complex, and birth injury claims are no exception. These cases require you to establish the standard of care that applies to your situation, which often requires a medical background. Because few judges and jurors have a medical education, South Carolina law requires that you submit an affidavit from a board-certified expert who has experience in that particular area of medicine. In this affidavit, the expert must identify at least one negligent action (or failure to act) committed by the doctor.

You must also file a notice of intent to file a lawsuit. In this notice, you are required to name all the healthcare professionals you plan to name in the case, briefly explain why you believe they are liable to you for damages, and specify the damages you are asking for.

If you fail to complete either of these, it can significantly lengthen the amount of time it takes your case to reach trial or settlement negotiations. In some cases, an unnecessary delay could also mean your case is barred under the relevant statute of limitations. Under South Carolina law, birth injury claims must be filed within three years of the date of the birth injury. However, in some cases, you may not know your child suffered a birth injury until later. In this situation, you have three years from the date when you should have reasonably been expected to realize that you had a potential claim. However, the birth injury lawsuit should not be filed more than six years after your child’s birth.

Damages in a West Ashley Birth Injury Lawsuit

After realizing that your child suffered a preventable birth injury, filing a lawsuit against the medical team responsible may not be the first thing on your mind. You are understandably grieving and focused on recovering from what was undoubtedly a traumatic experience.

It is crucial to meet with an attorney to discuss your case because you may be eligible for significant compensation to help your family overcome some of the challenges you face. Nothing can turn back the hands of time to reverse the harm your child has suffered. However, if you successfully bring a claim against a negligent medical provider, your family may be entitled to recover damages to compensate you for the economic and non-economic damages your family suffered due to the provider’s negligence.

Economic damages are those out-of-pocket expenses related to a birth injury, such as for the medical care your child needs and will continue to need for the rest of their life. If your child’s injuries are so severe that they may not be able to work, you could also recover compensation for their lost earning potential.

Non-economic damages are imperative in birth injury claims because they provide you with monetary damages for the pain and suffering and the other emotional and psychological impacts the error had on your family. However, under South Carolina law, non-economic damages in medical malpractice cases are generally limited to $350,000 if the case is against one medical provider or a maximum of $1.05 million if there are several defendants. However, the non-economic damages cap does not apply if a healthcare professional acted with gross negligence or recklessly, and their conduct was the proximate cause of your non-economic damages. The cap does not apply if a doctor engaged in fraud or misrepresentation if they altered or destroyed medical records to avoid liability.

Contact the West Ashley Birth Injury Law Firm for Immediate Assistance

If you recently gave birth to a child who suffered a preventable birth injury, you can take steps to hold the medical providers accountable for the error. At the Steinberg Law Firm, our West Ashley birth injury lawyers are recognized as authorities in medical malpractice law. For over 90 years, we have aggressively represented the interests of injured children and their parents, helping them obtain the compensation that can make a difference in their lives. We provide all prospective clients with a free consultation in which we will answer all your questions and explain the recovery process in clear, understandable terms so you know what to expect. To learn more and schedule your free consultation, you can reach us by phone at 843-720-2800 or through our online form.

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

West Ashley Medical Malpractice Lawyers Help Families Recover Compensation After Birth Injuries During Labor and Delivery Process

Birth Injury Lawyers for Charleston, SC Malpractice Cases

Doctors occupy a special place of trust in society. We assume that doctors are skilled professionals who carefully evaluate all the possible alternatives before engaging in treatment. And while most doctors live up to these expectations, unfortunately, mistakes occur with alarming frequency. Nowhere are these errors more tragic than in the case of a birth injury.

At the Steinberg Law Firm, our compassionate team of West Ashley birth injury lawyers is here for you during what is undoubtedly an extremely challenging time. We recognize the trauma families experience after a birth injury and take special care to tailor our representation according to each client’s unique needs. For over 90 years, the Steinberg Law Firm has stood up for the rights of injured victims, fighting against physician’s offices, hospitals, and some of the most well-funded insurance companies in the country.

What Are Birth Injuries?

A birth injury is a specific type of medical malpractice claim that occurs at some point throughout pregnancy or during the labor and delivery process. Birth injuries are often the result of either an infant suffering physical trauma or being deprived of oxygen. There are many causes of birth injuries.

Birth injuries range in seriousness from minor mistakes that only temporarily impact a child’s first few days to those causing life-long disability. In the most severe and tragic cases, a baby does not survive due to a physician’s negligence.

Some of the most common types of birth injuries include:

• Brachial plexus injuries
• Brain damage
• Broken bones and fractures
• Cerebral Palsy
• Erb’s Palsy
• Excessive bleeding
• Infections
• Paralysis

While it may be too early to tell what the long-term effects of a birth injury will be, your family must endure the anxiety and uncertainty of waiting to realize the impact your child’s injuries will have on the rest of their life. Even if you are unsure how a birth injury occurred, it is not too soon to reach out to a lawyer to discuss your options.

How Common Are Birth Injuries in South Carolina?

While doctors undergo years of training, they are still human and will still make mistakes on occasion. However, because we place so much trust in doctors, most of us turn a blind eye to the frequency with which medical errors occur. For example, it is estimated that more than 28,000 babies are born each year with some birth injury.

However, the exact number of preventable birth injuries is difficult to determine for a variety of reasons. For example, medical experts cannot always definitively state the cause of a birth injury, and doctors and hospitals have every incentive to minimize the number of reported birth injuries per year. This may mean classifying what was a preventable injury as one stemming from natural causes.

While it is hard to rely on self-reporting to determine the rate of birth injuries, according to the Centers for Disease Control, about 1 in 345 children have Cerebral Palsy, one of the most common types of birth injuries. According to another medical study, as many as 2.5 in every 1,000 children suffer from brachial plexus injury during the birthing process. This same study found that 15 children out of every 1,000 suffered from clavicular fractures, and 10 out of every 1,000 babies suffered facial nerve damage during delivery.

Where Do Birth Injuries Occur?

Medical errors, including West Ashley birth injuries, occur at all hospitals, regardless of their rating or reputation. However, some types of hospitals are more likely to see higher rates of birth injuries than others.

In general, smaller hospitals have fewer instances of birth injuries than larger hospitals. According to one study, patients at small hospitals with fewer than 100 beds suffered a birth-injury rate of about 5.3 injuries per 1,000 births. Compare that to hospitals with 300 to 499 beds, where the birth-injury rate was more than 50 percent higher, at more than 8.5 birth injuries per 1,000 births.

Whether a hospital operates as a for-profit business also seems to have some bearing on the rate of birth injuries. Private for-profit hospitals saw birth injury rates of just 4.33 injuries per 1,000 births. However, public hospitals saw a significantly higher rate of birth injuries, at about 7.1 birth injuries per 1,000 babies born.

The Steinberg Law Firm birth injury attorneys in West Ashley represent families who experienced a serious birth injury across the Charleston area, including the following:

• Roper Hospital on Calhoun Street
Bon Secours St. Francis Hospital on Henry Tecklenburg Drive
• East Cooper Regional Medical Center on Hospital Drive
The Medical University of South Carolina on Ashley Avenue
• Mount Pleasant Hospital on North Highway 17
Summerville Medical Center on Midland Parkway
Trident Medical Center on Medical Plaza Drive

Whatever the size of the hospital or its track record, birth injuries will occasionally happen. When they do, it is crucial that you have a knowledgeable attorney on your side to help you through every step of the process.

What Can Families Do After a West Ashley Birth Injury?

It is every expecting family’s dream to give birth to a healthy child. When these hopes are shattered due to medical negligence, the trauma is unmatched by anything else you have experienced. These are normal feelings, given what you have been through.

However, you have options. Medical providers have a legal duty to provide a certain level of care throughout a woman’s pregnancy and during the birthing process. When a doctor, nurse, or other healthcare professional’s error causes injury to your child, you can pursue a West Ashley birth injury lawsuit.

A birth injury lawsuit is a medical malpractice claim premised on a healthcare provider’s negligence surrounding the birth of a child. Like other medical malpractice claims, to succeed in a birth injury lawsuit, you must prove certain elements, including:

1. The healthcare provider, hospital, or practice group owed you a duty of care;
2. They failed to provide care that met the duty they owed to you;
3. Their failure to do so resulted in injury to your child; and
4. Your family suffered economic or non-economic damages as a result.

Proving a West Ashley birth injury lawsuit can be challenging, even in cases where a medical provider’s negligence was evident. Families who have experienced the tragedy of a birth injury should reach out to a dedicated birth injury lawyer to ensure that their claim is properly prepared.

Requirements of a West Ashley Birth Injury Lawsuit

Medical malpractice cases are exceptionally complex, and birth injury claims are no exception. These cases require you to establish the standard of care that applies to your situation, which often requires a medical background. Because few judges and jurors have a medical education, South Carolina law requires that you submit an affidavit from a board-certified expert who has experience in that particular area of medicine. In this affidavit, the expert must identify at least one negligent action (or failure to act) committed by the doctor.

You must also file a notice of intent to file a lawsuit. In this notice, you are required to name all the healthcare professionals you plan to name in the case, briefly explain why you believe they are liable to you for damages, and specify the damages you are asking for.

If you fail to complete either of these, it can significantly lengthen the amount of time it takes your case to reach trial or settlement negotiations. In some cases, an unnecessary delay could also mean your case is barred under the relevant statute of limitations. Under South Carolina law, birth injury claims must be filed within three years of the date of the birth injury. However, in some cases, you may not know your child suffered a birth injury until later. In this situation, you have three years from the date when you should have reasonably been expected to realize that you had a potential claim. However, the birth injury lawsuit should not be filed more than six years after your child’s birth.

Damages in a West Ashley Birth Injury Lawsuit

After realizing that your child suffered a preventable birth injury, filing a lawsuit against the medical team responsible may not be the first thing on your mind. You are understandably grieving and focused on recovering from what was undoubtedly a traumatic experience.

It is crucial to meet with an attorney to discuss your case because you may be eligible for significant compensation to help your family overcome some of the challenges you face. Nothing can turn back the hands of time to reverse the harm your child has suffered. However, if you successfully bring a claim against a negligent medical provider, your family may be entitled to recover damages to compensate you for the economic and non-economic damages your family suffered due to the provider’s negligence.

Economic damages are those out-of-pocket expenses related to a birth injury, such as for the medical care your child needs and will continue to need for the rest of their life. If your child’s injuries are so severe that they may not be able to work, you could also recover compensation for their lost earning potential.

Non-economic damages are imperative in birth injury claims because they provide you with monetary damages for the pain and suffering and the other emotional and psychological impacts the error had on your family. However, under South Carolina law, non-economic damages in medical malpractice cases are generally limited to $350,000 if the case is against one medical provider or a maximum of $1.05 million if there are several defendants. However, the non-economic damages cap does not apply if a healthcare professional acted with gross negligence or recklessly, and their conduct was the proximate cause of your non-economic damages. The cap does not apply if a doctor engaged in fraud or misrepresentation if they altered or destroyed medical records to avoid liability.

Contact the West Ashley Birth Injury Law Firm for Immediate Assistance

If you recently gave birth to a child who suffered a preventable birth injury, you can take steps to hold the medical providers accountable for the error. At the Steinberg Law Firm, our West Ashley birth injury lawyers are recognized as authorities in medical malpractice law. For over 90 years, we have aggressively represented the interests of injured children and their parents, helping them obtain the compensation that can make a difference in their lives. We provide all prospective clients with a free consultation in which we will answer all your questions and explain the recovery process in clear, understandable terms so you know what to expect. To learn more and schedule your free consultation, you can reach us by phone at 843-720-2800 or through our online form.

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

What Our Clients Say About Us

I am very pleased with my experience

I have, and will continue to recommend The Steinberg Law Firm. They have worked very hard on my behalf.

It is hard to really put in writing how much Tom was there for me

He really did such an unbelievable job. Even when the settlement was made, he returned a text with a call to share in the joy over another medical event we were going through, that had a great outcome. Yes, they really do care.

I would highly recommend them

Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner.

They will go the extra mile for you

David Pearlman and his staff did an exceptional job on my claim. Mr. Pearlman was honest, patient and steered me in the right direction. A’Riel was always nice and very helpful. I would recommend them to everyone.

I would never seek help from any other Firm!

The lawyers and their staff are very professional, caring about your situation! They are one of a kind!Get this Firm behind you and you will never be sorry!

It was a pleasure working with Steven Goldberg and his staff

They were courteous and professional. They maintained regular contact for status reports on my case and provided needed documentation on a timely basis. I would recommend this firm.