Birth Injuries

Lofton & Lofton is a trusted resource for individuals and families in need of a South Carolina medical malpractice lawyer. Since 1984, our firm has represented victims of negligence who have suffered due to birth injuries and other causes, helping them recover the compensation they deserve. Located in Charleston, Lofton & Lofton is proud to fight for injured children and their families throughout South Carolina.

Birth Injuries

Birth injuries are often the result of negligence in the delivery room. Mistakes made at this critical juncture can severely injure both the mother and the child. Birth injuries often involve:

  • Breached position
  • Vacuum extractors
  • Pitocin administration
  • Improper use of forceps
  • Cerebral and Erb’s palsy
  • Dystocia or difficult labor
  • Untimely caesarian section
  • Failure to treat fetal distress
  • Mother’s medical complication
  • Nutrient deficiency in amniotic sac
  • Traumatic brain or spinal cord injury
  • Undiagnosed problems during pregnancy

Proper care during pregnancy and delivery are crucial to safe birth. Treatment in the neonatal intensive care unit is likewise essential to preventing infant mortality.

Birth Injury: Cause and Effect

Obstetrics is a specialized field in medicine, and obstetricians owe their patients a higher duty of care. Preventable errors clearly fall below this required standard, and can result in liability for negligence. Basic legal duties during delivery arise in relation to a number of procedures and responsibilities, such as:

  • Induced labor
  • Amniocentesis
  • Monitoring pulse
  • Blood and urine tests
  • Scheduled sonograms
  • Sterilization procedures
  • Use of epidural, anesthesia
  • Identifying baby’s position

Cerebral and Erb’s palsy are often caused by mistakes during birth. They can be prevented by safe handling of the baby’s head and neck. Excessive pulling or bending near this region damages the fragile nerve center within. This can permanently impair the child’s future ability to move and function. Deprivation of oxygen to the brain can similarly result in lasting cognitive dysfunction. Birth injuries affect the entire family by imposing future costs, including those related to:

  • Disability
  • Medical care
  • Parental duties
  • Slower learning
  • Emotional trauma
  • Changing residence
  • Mental development
  • Special needs education
  • Physical, financial dependence

To a normal family, the future costs of raising a child with a birth injury are beyond what is affordable. Even with assistance, these expenses can severely constrict a family financially. Including the costs of continuing medical care, education, and rehabilitation to treat a birth injury are essential to determining the amount of the award in a medical malpractice case.

Birth Injury Liability

Obstetricians, birthing centers, and hospital staff can all be liable for birth injury. Specifically, they are liable to injured parties for damages caused by their negligence. These damages can include medical and hospital costs, future treatment, and income lost due to the injury. The family is entitled to future expenses required to raise a special needs child. Because the child will be dependent on the parents, who may have to stop working to provide full-time care, the future lost earnings of all these parties are compensable.

Recover Compensation for Birth Injury

If a birth injury has affected your child or family, contact the South Carolina personal injury attorneys of Lofton & Lofton today. For over 25 years, we have worked to ensure that victims of negligence recover full compensation for their losses. At Lofton & Lofton, we use innovative research and medical expertise to fight for relief for you. We remain dedicated to helping families secure a safe financial future. For a consultation, call our Charleston office at (873) 722-6319 or contact us online.

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