Birth Injury Lawyer in Lexington, SC

Medical Malpractice Representation for Families Facing a Lifetime of Consequences

A birth injury is physical harm to a baby or mother that occurs during labor or delivery. Unlike a birth defect present before birth, a birth injury often results from something that happened, or failed to happen, in the delivery room. When that reflects a departure from accepted medical practice, a family may have grounds for a medical malpractice claim. We represent clients in birth injury cases throughout South Carolina, working to secure compensation that can offset medical expenses, ongoing therapy, lost future earning capacity, and other financial burdens the family didn’t create.

If your child was harmed during delivery and you believe a provider’s negligence played a role, call The Rick Hall Law Firm, LLC at (803) 590-9900. We offer free consultations and are available any time.

Preventable Causes of Birth Injuries

Most birth injuries don’t result from unavoidable complications. Many stem from failures in monitoring, decision-making, or communication during labor and delivery.

Common preventable causes include:

• Failure to monitor fetal distress: Missing or misreading fetal heart rate patterns can allow oxygen deprivation to progress without intervention.
• Delayed C-section: When labor stalls or a baby shows signs of distress, a timely surgical delivery may help prevent permanent harm. Delays can be catastrophic.
• Mismanaged high-risk conditions: Preeclampsia, eclampsia, and gestational diabetes require close management. Lapses in that management put both mother and baby at risk.
• Improper instrument use: Forceps and vacuum extractors, when applied incorrectly, can cause serious physical trauma to a newborn.
• Communication breakdowns: Understaffing or poor handoffs between care teams can mean warning signs go unnoticed or unaddressed.

Birth Injuries Linked to Medical Negligence

Several diagnoses appear repeatedly in birth injury litigation. Each can mean a lifetime of treatment, therapy, and adaptive equipment.

Cerebral Palsy

Cerebral palsy is a group of neurological disorders affecting muscle tone, movement, and coordination. It’s frequently linked to oxygen deprivation around the time of birth, a condition called perinatal asphyxia or hypoxic-ischemic injury. When that oxygen deprivation was preventable, a medical malpractice claim may be appropriate.

Brachial Plexus Injuries and Erb’s Palsy

The brachial plexus is the network of nerves controlling the shoulder, arm, and hand. During a difficult delivery involving shoulder dystocia (when a baby’s shoulder becomes stuck behind the mother’s pelvis), excessive force or improper technique can stretch or tear those nerves. Erb’s palsy is a specific brachial plexus injury affecting the upper nerves, limiting a child’s ability to move the shoulder or elbow.

Oxygen Deprivation Injuries

Perinatal asphyxia occurs when a baby doesn’t receive enough oxygen before, during, or immediately after delivery. Even brief periods of oxygen deprivation can cause lasting brain damage. Infants who require extended NICU care following a difficult birth may have been harmed by a delivery team’s failure to respond quickly enough.

Proving a Birth Injury Claim in South Carolina

Medical malpractice cases in South Carolina require establishing four elements: duty, breach of the standard of care, causation, and damages. In a birth injury claim, that means showing a provider’s care fell below the recognized standard and that the deviation directly caused the child’s injuries. Expert medical testimony is required to establish both the standard and the breach.

South Carolina also imposes a pre-suit requirement. Before filing a lawsuit, you must serve a Notice of Intent to File Suit on each defendant, which starts a mandatory mediation process that must run its course before the case can move forward in court. Missing this step can jeopardize a claim. We handle all pre-suit obligations as part of our representation.

Compensation in a South Carolina Birth Injury Case

The financial impact of a serious birth injury spans years or decades. Economic damages, including past and future medical expenses, physical and occupational therapy, specialized equipment, and lost future earning capacity, aren’t subject to a cap under South Carolina law and can be substantial in cases involving permanent disability.

Noneconomic damages such as pain and suffering are capped under South Carolina law. The statute sets base limits of $350,000 per health care provider or institution and an aggregate limit of $1,050,000 per claimant when multiple providers share liability, but these limits are adjusted upward each year for inflation. As of the most recent adjustment, the cap stands at $596,001 per health care provider or institution, with an aggregate limit of $1,788,002 per claimant when multiple providers share liability. These figures represent general legal information; the damages available in a specific case depend on the facts and applicable law at the time of filing. When a provider’s conduct was willful, wanton, or reckless, punitive damages may also be available.

Filing Deadlines for Birth Injury Claims in Lexington, South Carolina

Under South Carolina Code Section 15-3-545, medical malpractice claims generally must be filed within three years of the treatment that caused the harm, or within three years of when the injury was discovered or reasonably should have been discovered. A six-year outer limit applies regardless of discovery. These timeframes are general rules; specific circumstances can affect when the clock starts or stops.

For injured minors, South Carolina tolls the filing deadline during the period of minority, for up to seven years, and in no case later than one year after the child turns 18. Even with this protection in place, waiting can make a claim harder to pursue. Witnesses can become unavailable. Records can get harder to obtain. Starting an investigation early can give a case a stronger foundation.

Five Years with One Family

Birth injury litigation isn’t resolved in months. A client testimonial on our website describes The Rick Hall Law Firm, LLC representing a family for five years, from the medical malpractice incident involving their newborn through to resolution. That kind of sustained commitment, through investigation, expert retention, pre-suit process, litigation, and negotiation, is what birth injury cases actually require. We don’t step back when a matter becomes complex or extended.