
The birth of a child should be a moment of joy not tragedy. When medical negligence harms a newborn or mother, families face overwhelming medical, emotional, and financial challenges. Birth injuries can result in lifelong complications, expensive treatments, and lasting trauma.
At Ted Law Firm, our Summerville birth injury attorneys fight for justice for infants and families harmed by preventable medical errors. We stand by parents throughout Dorchester County and the Lowcountry, providing experienced, compassionate, and powerful legal representation.
Why Choose Us for Your Birth Injury Case
- We focus on birth trauma, medical malpractice, and catastrophic injury cases.
- We understand Summerville’s hospital systems, birthing facilities, and OB/GYN practices.
- We offer free consultations, and you pay nothing unless we win.
- We work with medical experts, life-care planners, and specialists to build strong, evidence-based claims.
Common Birth Injury Scenarios in Summerville
Birth injuries often result from preventable medical mistakes, including:
Delayed or Failed C-Section
Failure to perform timely surgical delivery during fetal distress.
Improper Use of Forceps or Vacuum
Causing skull fractures, nerve damage, or shoulder injuries.
Failure to Monitor Fetal Distress
Ignoring abnormal fetal heart rate patterns.
Oxygen Deprivation (HIE)
Leading to brain damage and cerebral palsy.
Brachial Plexus Injury / Erb’s Palsy
Often caused by shoulder dystocia mismanagement.
Maternal Complications
Undiagnosed infections, hemorrhage, or preeclampsia mismanagement.
Medication & Anesthesia Errors
Inadequate Neonatal Resuscitation
Delayed or improper care immediately after birth.
What Is a Birth Injury Claim in South Carolina?
A birth injury claim seeks compensation when a newborn or mother is harmed due to negligent medical care.
Key characteristics:
- Medical records and fetal monitoring data are critical to proving negligence.
- Expert witnesses are typically required.
- Compensation may cover lifetime care needs.
- Wrongful death claims may apply in fatal birth injury cases.
Who Can Be Held Liable?
Liable parties may include:
- OB/GYN physicians
- Labor & delivery nurses
- Midwives
- Anesthesiologists
- Hospital administrators
- Birthing centers
- Pediatricians or neonatal specialists
- Medical device manufacturers
Our investigation reveals every liable party responsible for the harm.
Common Birth Injury Conditions & Consequences
Birth injuries can result in lifelong challenges, such as:
- Cerebral palsy
- Developmental delays
- Cognitive impairment
- Seizure disorders
- Paralysis
- Facial nerve damage
- Feeding or breathing difficulties
- Permanent disability
- Emotional trauma for families
- Wrongful death
These conditions often require extensive medical care, therapy, and long-term support.
What to Do After a Birth Injury in Summerville
- Request all medical records from labor, delivery, and neonatal care.
- Keep copies of all test results, imaging, and fetal monitoring strips.
- Record your recollection of events as soon as possible.
- Seek follow-up care with pediatric specialists.
- Do not confront hospital staff or sign any liability waivers.
- Contact Ted Law Firm immediately early action is critical for medical malpractice cases.
Damages You May Recover
Families may recover compensation for:
- Medical bills (current & future)
- NICU care and hospitalization
- Lifelong therapy & treatment
- Assistive devices
- Home modifications
- Lost earning capacity (for the child’s future)
- Pain & suffering
- Emotional distress
- Loss of companionship
- Wrongful death damages (in fatal cases)
Birth injury cases often involve multi-million-dollar lifetime care estimates.
Deadlines & Special Legal Considerations
- Standard SC medical malpractice deadline: 3 years
- Discovery rule may extend the deadline in some cases
- Government hospital claims may have 2-year limits
- Minor tolling rules may apply for birth injuries
- Expert review is required under SC medical malpractice law
- Early preservation of medical evidence is crucial
Why Acting Quickly Matters
- Medical records may be altered or incomplete
- Fetal monitoring data is often overwritten
- Staff may change or relocate
- Witness recollection fades
- Hospital legal teams act immediately
- Delays can weaken the case and reduce compensation
Prompt attorney involvement is essential.
Frequently Asked Questions (FAQ)
1. What qualifies as a birth injury in SC?
Any injury caused by negligent medical care during pregnancy, labor, delivery, or shortly after birth.
2. How long do I have to file a claim?
Generally 3 years, but exceptions may apply.
3. What compensation can I receive?
Medical care, therapy, lifelong treatment, pain & suffering, and more.
4. Can I file a claim even if the hospital denies negligence?
Yes, medical experts evaluate the case, not the hospital.
5. Do I need medical experts?
Yes, SC law requires expert testimony in malpractice cases.
6. What if the injury wasn’t discovered immediately?
The “discovery rule” may extend your deadline.
7. What if my child now has cerebral palsy?
Cerebral palsy is often linked to birth injury you may have a case.
8. Can I sue if the injury occurred during a C-section?
Yes, C-section negligence is a common basis for claims.
9. What if the hospital is government-owned?
Special 2-year filing deadlines may apply.
10. How much does hiring your firm cost?
Nothing upfront you pay nothing unless we win.
11. Do birth injuries qualify for wrongful death?
Yes, if a newborn dies due to negligence, a wrongful death claim is available.
Five Star Service
We pride ourselves on creating “wow” moments for our clients. That’s why Ted Law Firm has 5 star ratings, a client choice award from Avvo and and clients hire us again and again.
Free Rental Car Help
Many people who have been involved in a car accident don’t know how to navigate their insurance coverage. Our attorneys will review your insurance policy for free* and ensure you’re getting any rental car benefits you’re entitled to.
Next Generation Law Firm
Our firm uses 21st century technology and the latest law to maximize claim value, push your case forward quickly, and keep you informed every step of the way.
Pay Nothing Until We Get You $$$
FREE* Case Review. Immediate work. We even front the cost for ordering medical records, getting police reports, and conducting an investigation while we work up your claim.
30 Day Guarantee
We’ll help you for 30 days, through the roughest part of your wreck. We’re so confident in our client experience that we offer this: If you’re not completely satisfied, you won’t be charged a fee and you’ll be free to do as you please.
FREE Legal Resources
We have created a ton of free videos and guides to get you immediate help on your claim.
Contact Us Summerville Birth Injury Lawyers
If your baby or a loved one suffered a preventable birth injury in Summerville or Dorchester County, you deserve answers, justice, and financial support.At Ted Law Firm, we fight for families harmed by medical negligence, and we don’t stop until you receive the compensation and closure you deserve. Call us today for a free consultation. You pay nothing unless we win.