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Orangeburg, SC Birth Injury Attorney
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    Orangeburg, SC Birth Injury Attorney

    Injuries during birth can have life-long effects on victims and their families, entitling them to compensation for all the medical treatments, out-of-pocket expenses, and other difficulties that are associated with devastating birth injuries.

    Birth injury lawsuits have a 3-year statute of limitations and a 6-year statute of repose. After 6 years, parents can bring birth injury claims for their children, even if they only recently discovered the injury. The negligent doctor and the hospital that employed them may bear liability for breaching the standard practice of care and injuring your child. Punitive damages are given for egregious misconduct, and our lawyers can assess your case to see if medical professionals’ conduct reaches that threshold.

    Schedule a free case assessment by calling the birth injury lawyers of Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    How Can You Sue for a Birth Injury in Orangeburg, SC?

    We are here to help you sue for your child’s birth injury in South Carolina and hold the liable medical professionals accountable.

    Determine Whether You Have a Case

    To determine whether you have a case, our birth injury lawyers need more information about what happened during labor and delivery. Doctors’ notes from the birth, your statement, and other medical records will give us the context we need to see if you can sue for damages.

    Gather Evidence for Your Case

    We need evidence that a doctor or other medical professional caused your child’s birth injury. Medical records from delivery and birth for the baby and the mother, testimony from other medical professionals or witnesses in the room during delivery, and testimony from expert medical witnesses who can explain the most likely cause of your child’s injury.

    File Your Lawsuit

    Our lawyers only file lawsuits once we are confident in the strength of a case. Aim to file your lawsuit within 3 years, as that is the general statute of limitations for medical malpractice cases. Tell us if you didn’t discover the injury immediately, and we can explain how that might affect your filing deadline.

    FAQs About Birth Injury Lawsuits

    What is South Carolina’s Statute of Limitations for Birth Injury Lawsuits?

    There is a 3-year statute of limitations for parents to sue for a child’s birth injury in South Carolina. Medical malpractice lawsuits have a 6-year statute of repose, meaning parents can file no later than 6 years after the injury, even if the injury is discovered later.

    Who Can You Sue for a Birth Injury in Orangeburg, SC?

    In addition to the individual doctor or healthcare professionals responsible for your baby’s birth injury, you can also hold the hospital or facility that employed them at the time liable. This strategy often helps maximize victims’ recoveries.

    Why Can You Sue for a Birth Injury?

    Healthcare professionals owe patients a duty to follow the standard practice of care. Deviations from the standard practice of care are a breach of duty and put infants at serious risk of injury as they are being born. A birth injury case must have the same four elements as any other injury case: duty of care, breach of duty, causation, and damages.

    What Are Some of the Top Causes of Birth Injury?

    Some of the top causes of birth injuries include incorrectly using vacuums or forceps to aid with delivery, failure to recognize signs of fetal distress, delaying cesarean section delivery, and failing to recognize complications with the patient giving birth.

    What Birth Injuries Can You Sue For?

    When a medical professional’s negligence causes any of the following injuries during labor and delivery, you may have reason to file a birth injury lawsuit in Orangeburg:

    • Cerebral palsy
    • Erb’s palsy
    • Fractures
    • Intracranial hemorrhage
    • Brain damage from a lack of oxygen

    What Economic Damages Can You Get for a Birth Injury?

    Your child may need physical therapy throughout their life or get other ongoing medical attention because of an injury sustained during birth. The lawsuit can cover all those expenses, and our lawyers can work with experts to project future damages so that they are also covered.

    What Non-Economic Damages Can You Get for a Birth Injury?

    Pain and suffering are very real consequences of birth injuries, for both the parents and the injured child. Non-economic damages are capped in South Carolina medical malpractice birth injury cases and may not exceed $350,000 per defendant.

    Can You Get Punitive Damages for a Birth Injury in Orangeburg, SC?

    You might get punitive damages for your child’s birth injury if our lawyers can prove, through clear and convincing evidence, they were injured by the defendant’s willful, wanton, or reckless conduct. Punitive damages are also capped at 3 times the amount of compensatory damages or $500,000, whichever is greater.

    What Medical Evidence Proves Birth Injury Lawsuits?

    Our lawyers may use the following medical records and reports to prove your child’s birth injury:

    • Electronic fetal monitoring strips
    • Pre- and post-natal records and notes
    • Diagnostic test results

    Can Eyewitness Statements Prove Birth Injury Lawsuits?

    Eyewitness statements can help us prove that a medical professional deviated from the standard practice of care when delivering your baby. Testimony can come from the parent who gave birth, any other family or loved ones in the room who witnessed what happened, and any present doctors, nurses, or other medical professionals.

    Can Expert Witness Statements Prove Birth Injury Lawsuits?

    Qualified medical experts can review your child’s medical history and the evidence of negligence during their delivery, ultimately testifying about the more than likely causation.

    How Often Do Birth Injury Lawsuits Settle without Trials?

    Birth injury lawsuits often settle without trials so that hospitals can keep settlements private. Some cases go all the way to court so parents can get public verdicts and possibly even punitive damages.

    Get Our Help with Your Birth Injury Lawsuit in South Carolina

    Schedule your free case review when you call the birth injury lawyers of Burriss Ridgeway Injury Lawyers at (803) 451-4000 today.

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    Results

    $11 Million
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    $8.5 Million
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    $6.2 Million
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $5 Million
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
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