birth injuries – The Nye Law Group, P.C.

Types of Birth Injuries in South Carolina

Posted on July 14, 2018April 6, 2023 by productionnye

In most cases, the birth of a child is a joyous occasion that families savor. Unfortunately, certain errors committed during childbirth frequently result in newborns being born with serious injuries.

In many cases, these children can face entire lifetimes of challenges. If the injury was the result of a medical professional’s negligence, the victim and his or her family could be entitled to compensation.

The Nye Law Group handles various kinds of birth injury claims for client all over South Carolina. Our firm fights to hold negligent parties accountable.

Causes of Birth Injuries in South Carolina

A birth injury could be the result of any one of many possible actions that were taken before or during delivery. Many cases require some extensive investigations to uncover the actual causes.

When negligence is discovered, some of the most common examples involved in birth injury claims include, but are not limited to:

Forceps delivery errors
C-section errors such as delayed C-section or failure to perform C-section
Medication errors
Failure to diagnose and treat fetal distress

When a child is born with a severe injury, his or her family can be entitled to many kinds of damages relating to the financial and emotional costs of caring for the child. Economic damages are intended to cover calculable losses, such as medical expenses, lost wages, and household modification costs.

Victims may also be awarded noneconomic damages for more subjective kinds of harm. Common noneconomic damage awards can include pain and suffering or emotional distress.

It is crucial for victims in these types of cases to understand that they only have a limited amount of time to take legal action. South Carolina state law places a three-year statute of limitations (time limit) on birth injury claims, so it is critical for people to retain legal counsel as soon as possible.

Common Kinds of South Carolina Birth Injuries

According to a March 2017 National Center for Health Statistics data brief, infant mortality rates have declined from 2005 through 2014. When birth injuries happen, some of the most frequent types include, but are not limited to:

Shoulder dystocia
Brachial plexus injury
Kernicterus
Hypoxic ischemic encephalopathy (HIE)
Meconium Aspiration Syndrome
Hypoxia
Cerebral palsy
Brain damage
Fractures (broken bones)
Internal bleeding
Nerve damage

In addition to injuries to children, certain types of medical negligence may also result in injuries to mothers. Specific injuries to children are not always evident to some parents.

Find a Birth Injury Attorney in South Carolina

If your child was born with a birth injury or you suffered injuries during childbirth because of medical negligence, it is in your best interest to quickly retain legal counsel. Contact the Nye Law Group right away.

Our experienced personal injury lawyer will fight to make sure that you receive every last cent of compensation you are entitled to. You can take advantage of a free consultation to have our firm provide a complete evaluation of your case when you call 855-636-9277 or contact us online today.

Compensation for Birth Injuries in South Carolina

Posted on April 15, 2018April 6, 2023 by productionnye

The birth of a child is typically cause of great joy in a family, but the mood can change instantly when a baby is born with a serious injury. In some cases, these injuries may disappear in due time but many other injuries mean a lifelong series of challenges for the child and his or her family.

When a birth injury is caused by a medical professional’s negligence, the family may be entitled to compensation for all resulting damages. The Nye Law Group understands the tremendous emotional and financial stress that birth injuries place upon parents and entire families, which is why our firm fights to help these people get justice.

Types of South Carolina Birth Injuries

The Centers for Disease Control and Prevention (CDC) said in March 2017 that infant mortality rates have declined over the past decade. Babies can still be born with any number of serious injuries that may involve lifelong complications, including:

Brachial plexus injury;
Brain damage;
Brusing or broken bones;
Cerebral palsy;
Hypoxia;
Hypoxic ischemic encephalopathy (HIE);
Internal bleeding;
Kernicterus;
Meconium Aspiration Syndrome;
Nerve damage; and
Shoulder dystocia.

Some birth injury cases can also involve possible injuries to the mother. Many of these cases involve some kind of negligence on the part of medical professionals. It is not always immediately evident to parents that a child has suffered an injury.

Common Causes of Birth Injuries in South Carolina

A few of the most frequent reasons for birth injuries in South Carolina include, but are not limited to such instances of medical negligence as:

Delayed C-section, failure to perform C-section, or other C-section errors;
Failure to diagnose and treat fetal distress;
Forceps delivery errors; or
Medication errors.

Victims in birth injury cases can be entitled to compensation for various damages relating to the full lifetime of care the child will require. In addition to medical bills, this may also include long-term care needs, lost future earnings, and household modification costs. Victims may also be awarded noneconomic damages such as pain and suffering or loss of enjoyment of life.

Families only have three years to commence legal action for birth injuries, so it is important for victims to seek legal representation as soon as possible. Birth injuries can require extensive investigations in order to determine the causes of the injuries, and strong evidence is usually needed to hold negligent parties accountable.

Find a Birth Injury Lawyer in South Carolina

Was your child recently born in South Carolina with a serious birth injury? You will want to immediately contact the Nye Law Group for help determining whether medical negligence was the cause and if another party is liable to you for the damage caused.

Our experienced Bluffton personal injury attorneys represent clients all over South Carolina and work to make sure they receive all of the compensation they are entitled to. Call 855-636-9277 or contact us online to receive a free consultation that will let our firm review your case and help you understand all of your legal options.

When Medical Malpractice Has Led to a Child’s Cerebral Palsy

Posted on March 7, 2018December 27, 2019 by productionnye

What happens in about 4 out of 1,000 births? A condition such as this is known as cerebral palsy, which is considered to be one of the most common motor disorders affecting children in America today. CP, a debilitating disorder that affects many children in the U.S. today, starts in the brain where the muscles are controlled. While a small percentage of children adopt this disorder after birth, others are born with it. What happens if you were having a perfectly healthy pregnancy but, when you go through labor, your child is born with cerebral palsy? Sometimes, this unfortunate condition can result from medical malpractice by a physician.

Sometimes, there are risk factors that can dictate whether or not you are more likely to have a child with cerebral palsy. For instance, you could have some type of condition that is more likely to increase your child’s chances of adopting cerebral palsy. This is true for those giving birth to twins or triplets, having a health issue with your thyroid gland, or coming in contact with a toxic substance. However, in cases where cerebral palsy results due to the negligence of a doctor, you may wonder where to start.

Cerebral Palsy Due to Negligence

There are many ways that these preventable birth injuries occur. Sometimes, these birth injuries are caused by the following reasons:

Infections that have gone undetected in a mother during pregnancy
Effects of drugs or surgeries during pregnancy
Failing to notice improper heart rate from the baby
Not performing a C-section when it is needed
Gross mismanagement by a doctor

Sometimes, forceps and vacuum extractors can cause cerebral palsy in an infant as well. In fact, they are one of the main reasons for this brain disorder that leads to debilitating effects in an infant. Forceps and vacuum extractors pose many risks to an infant, including brain damage, fractures to the skull, stroke, seizures, and cerebral palsy. Because many of these aspects are highly preventable and there are better methods to be used in the delivery process, many parents wonder how they can bring a claim after medical negligence has led to their child’s condition. Luckily, we are here for you to walk you through the steps of your case.

Cerebral palsy most often occurs when a child is deprived of oxygen during the birth process, which can be easily shown on a fetal heart rate monitor. When a child has been diagnosed with cerebral palsy, you can bring an injury case on their behalf.

Damages in a Cerebral Palsy-Related Claim

If your child has endured cerebral palsy, you may be able to claim damages on their behalf. Some medical expenses that will be covered include damages that can last them a lifetime as they struggle with their injury, which could easily accrue tens of thousands to millions in medical bills for the past and future. Non-medical expenses that you may be able to compensate for include aspects of occupational therapy, counseling for your child, extended home care, and more. Your child may have suffered pain and emotional trauma due to the injuries, which is one more damage you can seek. Regardless of the damages that you believe you are entitled to, you need an attorney on your side who specializes in birth injuries and can help you every step of the way. We want to speak to you today at the Nye Law Group. Call us today as soon as possible at 855-636-9277.

Sources:

https://www.webmd.com/children/guide/understanding-cerebral-palsy-basic-information#1

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Tag: birth injuries