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Charleston Birth Injury Attorney

Birth injuries can occur to either the mother or baby during the birthing process. Most birth injuries happen to the baby. Many of the injuries are relatively minor and are not the result of mistakes made by medical professionals. However, there are some serious injuries that occur during birth that could have been prevented. A preventable birth injury gives rise to a medical malpractice claim in Charleston.

The Charleston birth injury attorneys at Salango Law help families recover after being devastated by a birth injury that didn’t have to happen. Contact us today for formal legal advice.

Why Choose Salango Law to Handle Your Birth Injury Claim?

Our goal is to right a wrong that has been done to you or your family.

  • We work for you – Our law firm gets to know the unique circumstances of your situation and what you need us to accomplish.
  • We work hard for you – We are recognized by our peers for our dedication to doing an outstanding job for our clients.
  • We work hard and get you results – Our relentless commitment to excellence has obtained over $100,000,000 for our clients.

Charleston Birth Injury Resources & FAQs

How a Charleston Birth Injury Lawyer Can Help You

When you are claiming that a medical professional made a mistake and it resulted in a serious injury, you are up against a profession that is revered for its specialized knowledge and skill. It requires the expertise of others in the medical profession to establish what should have been done and where mistakes were made. A birth injury lawyer will be familiar with accepted medical practices and able to identify the circumstances that resulted in the birth injury. Our accident attorneys in Charleston will also have knowledge of and access to the experts you will need to establish the evidence to prove your claim. 

A Charleston birth injury lawsuit could aid you in various ways if you or your infant were injured in the birth process. Below are some of the things your attorney can do to assist you with your claim: 

  • A birth injury lawyer has the specialized skills and resources to investigate your case to determine if it was caused by medical negligence or malpractice. A Charleston medical malpractice case will need to be filed if so. 
  • Our team can provide legal counsel and make sure you are aware of your legal rights and understand the best path to take with your case.
  • Your lawyer will gather evidence surrounding the birth injury case, including witness statements, medical treatment records, and other proof to support your claim.
  • Charleston birth injury attorneys are prepared to negotiate with insurance companies to impress upon them the severity of the situation and then will work to negotiate the compensation that you deserve.
  • If negotiations fail, your attorney is ready to litigate your case before a judge and jury. 
  • Securing maximum financial recovery for you is our main goal. We can help you obtain the compensation necessary to pay your medical bills, cover your lost wages, and offset some of your pain, suffering, and other damages resulting from the malpractice during your child’s birth.

A birth injury attorney provides the guidance to seek a successful settlement with your compensation claim. 

Common Types of Preventable Birth Injuries

Preventable birth injuries typically occur when a birth is unusually difficult or there are complications that require increased care and attention. A baby’s size or positioning and the difficulty of bringing the baby out of its mother can result in circumstances where injury occurs.  

Head Trauma – A baby’s head can be injured from being pushed against the mother’s pelvis or if an instrument that pulls on a baby’s head – such as forceps – is used to assist with the birth. 

Brain Damage – Brain damage can result from trauma to the head or oxygen deprivation during birth. Cerebral Palsy is a common condition affecting muscle development and movement caused by oxygen deprivation to the brain. 

Nerve Damage – Nerve damage can occur when a baby must be manually positioned in order to allow birth. Force to the neck and shoulder area can result in damage to the nerves that control arm and hand movement.

Actionable Causes of Birth Injuries

Several factors can contribute to birth injuries. Your case is unique, so speak to your birth injury attorney about the specifics of your case. Listed below are some common causes of these types of injuries: 

  • Medical mistakes or malpractice occurs when a healthcare worker does not provide the proper care during delivery or makes a mistake resulting in injury to the mother or the child. An example is if the doctor does not monitor the infant’s oxygen levels or excessive force is used during the delivery resulting in an injury to the baby or mother.
  • Medical tools and appliances used incorrectly may be the cause of birth injuries. These tools often include forceps and vacuum extractors.
  • Fetal distress should be tended to immediately. If the healthcare provider does not respond promptly, it can result in a birth injury. 
  • Medication errors can cause injuries during childbirth. These injuries can occur when the wrong medication or the wrong amount of medication is administered.
  • Harm can be done to the mother and infant if a c-section is required but not performed promptly. 
  • Lack of proper prenatal care, such as a health provider’s failure to diagnose or treat medical conditions in the pregnant woman, leads to birth injuries.
  • Infections in the mother, such as Group B strep or herpes, can cause serious injuries during birth. 

This is an incomplete list of actionable causes of injuries occurring at birth. If you suspect an injury to you or your child was caused by healthcare negligence or malpractice, consult your Charleston birth injury attorney to evaluate your case and determine if you have a valid, legal right to compensation. 

Damages You May Seek for Child Birth Injuries

Those expecting a child are anticipating one of the most amazing experiences of their lives. Though anxiety runs high, most births are successful, textbook deliveries. But, when the unexpected happens, the happy day can turn catastrophic. 

Depending on the circumstances of the delivery and the injuries sustained, you may be entitled to damages. These injuries can be mild or severe and everything in between. They can cause long-term or permanent damage to the child, the mother, and the family. 

Below are some of the damages you may recover through a birth injury claim: 

  • Medical expenses for the treatment of the child and the mother for their injuries, hospital stays, procedures, surgeries, prescriptions, rehabilitation, follow-up care, and ongoing therapy. 
  • Future medical expenses may be sought if the injuries to the child or mother will require long-term care and medical treatments. 
  • Loss of earning capacity is another one of the damages you may seek if your child’s injuries are severe enough to jeopardize their potential to earn money in the future. 
  • Pain and suffering are considered non-economic damage that may be sought for the physical and emotional pain and suffering experienced by the family as well as the child. 
  • Emotional distress is another damage you may seek for the emotional trauma and the distress that the injury has caused the child and their family. 
  • Loss of enjoyment of life is another source of damage that you may seek if the child’s injuries prevent them from enjoying life the way they could have had they not experienced an injury during childbirth.

Every child and every delivery is unique, as are all birth injury cases. The specific damages you will seek will be determined by the circumstances of the injuries and their severity. Your Charleston birth injury attorney can outline the damages you are eligible to recover.

What to Do if Your Child Suffered a Preventable Birth Injury

If you feel that a preventable birth injury occurred, we suggest you take a series of steps. These are as follows: 

  1. Seek medical attention if anything seems off. It is important to trust your intuition and pursue medical intervention promptly. Acting fast can positively influence the outcome of your child’s injury.
  2. Hold on to all the medical records related to the birth and any treatments that may follow.  When establishing a medical malpractice case, these records will be crucial. 
  3. Contact us. Our attorneys specialize in birth complications and injuries in the Charleston area and can help you clarify your legal rights and options to determine how to proceed with your birth injury claim.
  4. Document the injury through photos and videos. Establishing how severe the injury was and how the injury will impact the infant’s quality of life. 
  5. Gather witness statements and contact information from anyone who witnessed the delivery and the events before or after. Having witness statements is crucial evidence that supports your version of events. 
  6. Attend all follow-up medical appointments to ensure the child receives all of the intervention, care, and treatment available. Continuing medical care is vital to establishing ongoing care and the impact the injured had upon your child’s life.

Your child and your entire family can suffer serious, long-lasting consequences due to a preventable birth injury. Take action as soon as possible to ensure your child gets the care they need and those responsible for the injury are held liable.

Contact Our Charleston Birth Injury Lawyers

At Salango Law, PLLC we don’t like to learn that any baby has experienced a preventable injury. But if it does happen, our Charleston personal injury attorneys are prepared to prove the injury was preventable and collect the maximum compensation available to assist in the care of your loved one. Schedule a free consultation with a birth injury lawyer by contacting us here or call our Charleston office at 304-342-0512.