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No parent ever expects the happiest day of their life to turn tragic. The birth of a child should bring joy, not heartbreak caused by preventable medical errors. Unfortunately, when doctors, nurses, or hospitals make mistakes during delivery, the consequences can last a lifetime.
At Ted Law Firm, our Charleston birth injury lawyers fight for families whose children were harmed before, during, or after delivery due to medical negligence. We know the emotional and financial toll these injuries bring, and we’re here to hold hospitals and healthcare providers accountable while securing the resources your family needs for your child’s care and future.
Local Representation for Charleston Families
From the delivery rooms at MUSC Health University Medical Center to Roper St. Francis Hospital, Trident Medical Center, and East Cooper Medical Center, Charleston families trust healthcare providers to keep mothers and babies safe. But when those professionals fail to follow proper procedures, devastating injuries can occur.
Ted Law Firm proudly represents families across Charleston, North Charleston, Mount Pleasant, Goose Creek, and the Lowcountry, providing compassionate advocacy backed by decades of medical malpractice experience.
Common Birth Injuries Caused by Medical Negligence
Our attorneys have handled birth injury cases involving a wide range of preventable conditions, including:
- Cerebral Palsy – Caused by oxygen deprivation or delayed C-section.
- Erb’s Palsy (Brachial Plexus Injury) – From excessive pulling or shoulder dystocia.
- Hypoxic-Ischemic Encephalopathy (HIE) – Brain injury from lack of oxygen during delivery.
- Shoulder Dystocia – Improper delivery technique leading to nerve or bone injury.
- Fractures and Skull Injuries – Caused by excessive force or poor instrument use.
- Nerve and Spinal Cord Damage.
- Failure to Monitor or Treat Infections.
Every one of these conditions can lead to lifelong disabilities that require specialized medical care and financial support.
What Causes Birth Injuries?
Birth injuries can happen when doctors or medical staff fail to meet the accepted standard of care. Common causes include:
- Failure to monitor fetal distress during labor.
- Delayed emergency C-section despite clear warning signs.
- Improper use of forceps or vacuum extractors.
- Medication or anesthesia errors.
- Failure to recognize umbilical cord prolapse or compression.
- Negligent postnatal monitoring of the newborn.
If your baby suffered harm during delivery, it may have been preventable. Our legal team can help you find out what went wrong, and why.
The Lifetime Impact of a Birth Injury
A birth injury doesn’t just affect your baby’s health it affects your entire family’s future. Many children with conditions like cerebral palsy or HIE require:
- Lifelong medical care and hospitalizations.
- Physical, occupational, and speech therapy.
- Assistive equipment such as wheelchairs or mobility aids.
- Home modifications and in-home care.
- Special education and developmental support.
Our attorneys work with life-care planners, medical experts, and financial specialists to project your child’s future care needs and ensure your compensation covers them fully.
How We Prove Medical Negligence
Birth injury cases are complex, but we know how to uncover the truth. Our process includes:
- Consulting with medical experts – obstetricians, neonatologists, and pediatric neurologists review your records.
- Analyzing fetal monitoring strips and delivery documentation.
- Identifying deviations from medical standards — proving the provider’s failure to act responsibly.
- Establishing causation — connecting the negligent act to your child’s injury.
- Calculating damages — covering both current and lifetime care costs.
We don’t just build cases — we build undeniable proof of what your family deserves.
Why Work With the Ted Law Firm’s Birth Injury Attorneys?
Birth injury claims can be both legally and factually complex. Our seasoned legal team at the Ted Law Firm helps clients navigate these challenging situations. As a full-service personal injury law firm, we are fully dedicated to helping families obtain the justice and compensation they deserve following a birth injury. Our commitment to providing five-star legal services extends to every client we represent.
We bring:
Our firm offers a wide range of benefits to our clients, ensuring that you receive the best possible representation. When choosing a birth injury attorney, it’s important to consider what sets us apart. Choosing the right birth injury attorney can make all the difference in the outcome of your case. At the Ted Law Firm, we not only have the skills but also the dedication and resources to stand by you every step of the way. Our goal is to relieve you of the legal burden so you can focus on your family’s well-being and being experienced personal injury lawyers, we understand what that means. Here are some of the reasons why our clients choose us:
- Years of experience representing injury victims throughout Charleston, South Carolina, and beyond.
- A strong reputation, including securing millions in settlements and verdicts for clients.
- An extensive network of legal resources to ensure the best representation possible.
- Knowledge of local medical malpractice laws and court systems to streamline the claims process. Our attorneys are well-versed in South Carolina’s unique legal nuances, including how courts typically handle birth injury claims, which allows us to effectively strategize for each client’s situation.
- No upfront legal fees—we offer free consultations, and you pay nothing unless we win.
What to Expect During a Birth Injury Claim in South Carolina
If you believe your child suffered a birth injury due to medical negligence, our attorneys can evaluate your situation and gather essential evidence to prove fault. Important evidence for birth injury claims includes:
The birth injury claims process can be overwhelming, but understanding the type of evidence required can make it less daunting. Gathering evidence is a critical component of building a strong case, and our legal team will guide you through each step. Every successful birth injury claim starts with comprehensive evidence collection. The evidence we gather will help establish liability, prove negligence, and demonstrate the impact of the injury on your family. Our attorneys will meticulously investigate every detail to build the strongest case possible for you. Here’s what we’ll look at in detail. Here are some of the types of evidence we collect:
- Medical records (mother and infant)
- Prenatal care and delivery records
- NICU records, diagnostic tests, expert testimony, and witness statements
Our skilled attorneys will file all required paperwork with responsible parties, handle settlement negotiations, and, if necessary, file a lawsuit to ensure a meaningful resolution. We also ensure that each step of the process is explained to you, providing transparency and helping you make informed decisions along the way. Our goal is to alleviate your stress by handling all legal complexities so you can focus on your family.
Who Can Be Held Liable in a Birth Injury Case?
Multiple parties may share responsibility for your child’s injury, including:
- OB-GYNs, midwives, or nurses who failed to act safely.
- Hospitals and birthing centers for negligent policies or understaffing.
- Anesthesiologists for medication or dosing errors.
- Pharmaceutical providers for dangerous drug administration.
- Pediatricians for negligent postnatal care.
We investigate every possible source of negligence to ensure full accountability.
Types of Birth Injury Cases We Handle
Our attorneys in Charleston, Greenville, and Myrtle Beach have experience handling various birth injury cases, including:
Birth injury cases can vary significantly in complexity and severity, and our experienced attorneys are well-prepared to handle any situation. Birth injuries can take many forms, and each one presents unique challenges for the affected family. Our legal team understands the devastating consequences these injuries can have, both physically and emotionally. We have the experience needed to address a wide range of birth injuries, and we’re committed to achieving the best possible outcome for each of our clients. Here are some of the birth injury cases we have handled. Below are some of the most common types of birth injury cases we have successfully managed for our clients:
Each birth injury type requires a different legal approach based on the specifics of medical negligence involved, which is why our team customizes our legal strategy to suit each client’s needs.
Understanding Fault and Legal Standards in South Carolina
South Carolina birth injury cases fall under the South Carolina Medical Malpractice Act (S.C. Code §15-79-110 et seq.) and require:
- Proof of a duty of care by the medical professional.
- Evidence that this duty was breached.
- Proof that the breach directly caused harm.
Additionally, under South Carolina law, parents generally have three years from the date of injury (or discovery) to file a medical malpractice claim. For minors, the statute of limitations can extend up to seven years.
We ensure your claim is filed correctly and on time protecting your child’s right to justice.
We have experience with a wide variety of birth injury cases, including but not limited to the following:
- Cerebral Palsy: Cerebral palsy is a neurological disorder affecting movement, muscle tone, and posture. It is caused by brain damage in developing infants. Symptoms vary from mild to severe and include spasticity and coordination issues. Cerebral palsy is a lifelong, non-progressive condition, and treatments aim to improve function and independence. It’s a common childhood motor disability.
- Erb’s Palsy: Erb’s palsy is a birth injury affecting arm movement. It is caused by nerve damage or injury to the brachial plexus during delivery and leads to weakness, loss of motion, or paralysis in the affected arm. Treatment options for Erb’s palsy include physical therapy, and in some cases, surgery, to improve mobility and strength.
- Shoulder Dystocia: Shoulder dystocia is a delivery complication where a baby’s shoulder gets trapped behind the mother’s pelvic bone. This can lead to a difficult and potentially dangerous birth, requiring immediate medical intervention to prevent injury to the baby’s brachial plexus nerves, oxygen deprivation, or other complications.
- Surgical Instrument Injuries: Birth injuries caused by surgical instruments can occur during assisted deliveries using tools like forceps or vacuum extractors. These instruments, if improperly used, can lead to injuries such as skull fractures, brain damage, nerve damage, or facial paralysis in the newborn, requiring immediate and sometimes long-term medical intervention.
- Cephalohematoma and Caput Succedaneum: Cephalohematoma is a birth injury characterized by a collection of blood under a newborn’s scalp. Typically caused by birth trauma or the use of delivery instruments, it appears as a raised bump on the baby’s head. Cephalohematoma usually resolves itself over weeks to months.
- Prescription Drug Injuries: Injuries caused by prescription drugs taken during pregnancy, potentially resulting in developmental issues. Birth injuries caused by prescription drugs occur when medications taken during pregnancy adversely affect the fetus, potentially leading to developmental issues, physical malformations, or neurological disorders. These injuries can result from prescribed drugs, underscoring the importance of careful medication management in pregnancy. For example, The Journal of Research in Medical Sciences released a study indicating that certain anti-seizure medications are linked to a higher incidence of birth defects. These defects include cleft lips, organ malformations, and developmental delays. Risky drugs include Epival and Depakene.
- Injuries to Mothers: Birth injuries aren’t limited to babies—they include complications like perineal tears, cesarean complications, infections, and postpartum hemorrhage.
Liability for Birth Injuries
To prove medical negligence in South Carolina, evidence must show that a healthcare professional owed a duty of care and failed to provide it. Liability can fall on:
When a birth injury occurs, determining liability is crucial for pursuing compensation. Multiple parties may be responsible, depending on the circumstances of your case. Determining who is responsible for a birth injury is a key part of pursuing justice. Birth injuries often result from a combination of factors, and liability may not always be straightforward. Our legal team will conduct a thorough investigation to determine which parties may be held accountable. Below are some of the entities that could be liable. In many birth injury cases, multiple parties may share liability, depending on the nature of their involvement in the medical care. Identifying all liable parties is crucial to ensuring your claim covers all potential sources of compensation. The entities listed below could be held responsible. The following are potential parties that could be held accountable for a birth injury:
- Hospitals: If they hire unqualified staff involved in the birthing process.
- Doctors, Nurses, Anesthesiologists: If their actions breach the standard of care or cause complications.
- Pharmaceutical Manufacturers: When prescription drugs cause injuries due to inadequate safety warnings.
Types of Compensation Available
While nothing can undo a birth injury, compensation can help your family move forward. You may receive damages for:
Compensation can help ease the burden of caring for a child with birth injuries, and our goal is to secure the fullest compensation possible. The financial and emotional toll of a birth injury can be overwhelming. Compensation can provide much-needed relief and support to help you care for your child and move forward. Our attorneys work tirelessly to ensure every aspect of your loss is considered, allowing us to seek the maximum compensation for your family. Here are the types of damages you may be entitled to receive. The damages available can help cover a range of needs for both the child and the family. These may include:
It is essential to understand that compensation aims not only to cover current medical bills but also future expenses, lifestyle modifications, and emotional suffering caused by the birth injury. Our attorneys will work to ensure that every potential form of compensation is pursued on your behalf, which may include:
- Medical expenses and future care needs
- Lost wages and lost earning capacity
- Pain and suffering
- Special education and rehabilitation costs
- Home modifications and counseling
- Punitive damages in cases of gross negligence
- Wrongful death damages
Our attorneys leave no stone unturned in valuing your birth injury claim. We’ve secured millions for clients, and we are ready to fight for the compensation you deserve.
What Compensation Can You Recover?
Families affected by birth injuries may be entitled to compensation for:
- Past and future medical expenses and treatments.
- Physical therapy and rehabilitation costs.
- Home and vehicle modifications for accessibility.
- Lost wages if parents leave work to provide care.
- Pain, suffering, and emotional distress.
- Loss of enjoyment of life for your child.
- Punitive damages for gross or reckless negligence.
We pursue the full lifetime value of your child’s claim, not just what insurers offer today.
What To Do If You Suspect a Birth Injury
- Seek medical evaluation for your baby immediately — request all hospital and delivery records.
- Document everything – symptoms, doctor communications, and diagnoses.
- Avoid signing any settlement or waiver from the hospital or insurer.
Contact Ted Law Firm – we’ll review your records, consult medical experts, and determine if malpractice occurred.
Costs of Hiring a Birth Injury Attorney
At the Ted Law Firm, we believe all injury victims, especially mothers and newborns, deserve the highest quality legal representation available without worrying about cost. That’s why our birth injury lawyers work on a contingency fee basis and offer free initial consultations, meaning you pay nothing unless we win your case. If you choose us as your attorneys, we will ensure you receive the personalized care you and your baby deserve.
Causes of Birth Injuries
Many factors contribute to birth injuries, often related to errors during labor and delivery. Common causes include:
Understanding the factors that contribute to birth injuries is essential for holding negligent parties accountable. Birth injuries often occur because of preventable mistakes during pregnancy, labor, or delivery. Understanding these causes can help in holding negligent healthcare providers accountable. By knowing what factors may have played a role in your child’s injury, you can better understand how to build a compelling case. Here are some of the most common causes of birth injuries. Many causes are preventable with the right medical care. Below are some of the most common causes of birth injuries:
Healthcare providers are expected to adhere to a standard of care to protect both the mother and the baby during the birthing process. When they deviate from this standard, preventable birth injuries can occur. Our thorough investigation process focuses on understanding all contributing factors, including those listed below:
- Inadequate medical care, medication errors, or anesthesia issues
- Prolonged or difficult labor, premature births, or abnormal fetal position
- Incorrect use of delivery instruments
- Oxygen deprivation or cesarean section complications
- Maternal health issues or infections
Healthcare providers must understand and manage these factors to reduce birth injury risks. When they fail, they may be held liable.
Why Acting Quickly Matters
South Carolina’s statute of limitations gives families a limited time to take action. The sooner we begin investigating, the better our chances of preserving medical records, identifying witnesses, and securing expert testimony.
Birth injury cases are medically complex and time-sensitive don’t wait until it’s too late to file.
South Carolina Birth Injury Statistics
Though specific data on birth injuries is not readily available, related infant health statistics can provide insight:
Understanding the broader context of infant health can help illustrate the prevalence and potential risks associated with birth injuries in South Carolina. The following statistics shed light on relevant trends and issues affecting families across the state:
- Infant mortality rates in South Carolina have fluctuated, with a rate of 6.8 in 2022.
- Causes of infant death include birth defects, low birthweight, and accidents.
- Significant racial disparities exist in infant mortality, with non-Hispanic Black infants having more than double the mortality rate of non-Hispanic White infants.
Birth Injury Statute of Limitations in South Carolina
The statute of limitations for birth injury claims varies:
- Parents: Generally, parents have three years from the date of malpractice or discovery of the injury to file.
- On Behalf of a Child: Claims on behalf of a minor extend to seven years from the date of malpractice, but must be filed before the child turns 19.
Consulting a birth injury attorney promptly is crucial to ensure timely filing. Missing the statute of limitations can prevent you from recovering the compensation you need to care for your child, so contacting an experienced birth injury lawyer as soon as possible is one of the most critical steps you can take.
South Carolina’s medical malpractice claim caps vary depending on the type of organization involved:
- Private, for-profit healthcare provider: The non-economic damages cap is $546,869 for a single defendant, and $1,637,608 for more than three defendants. These caps are adjusted annually for inflation based on the Consumer Price Index (CPI).
- Government-affiliated hospital: The maximum payout is $300,000.
- Government-affiliated doctor, single private provider, or private hospital: The maximum payout is $350,000.
- Multiple private providers or hospitals: The maximum payout is $350,000 per provider, with a total maximum of $1.05 million.
- Charitable organization: The damages caps are similar to those for government entities, ranging from $300,000 to $1.2 million.
Frequently Asked Questions (FAQ)
1. How do I know if my child’s birth injury was caused by negligence?
If your baby suffered oxygen deprivation, nerve damage, or other trauma during delivery, it could indicate medical malpractice. We’ll review your records with medical experts.
2. How long do I have to file a birth injury claim in South Carolina?
Generally, three years from the date of injury — or up to seven years if the victim is a minor.
3. What are the most common preventable birth injuries?
Cerebral palsy, Erb’s palsy, HIE, and shoulder dystocia are among the most common.
4. Can I sue both the doctor and the hospital?
Yes. Both can be held liable if their actions (or inaction) contributed to the injury.
5. What compensation can I recover?
You can recover medical costs, therapy expenses, future care, lost income, and pain and suffering.
6. How much does it cost to hire Ted Law Firm?
We work on a contingency fee basis — meaning you pay no fees unless we win.7. What if my child’s condition appeared months after birth?
You can still file a claim. Many injuries like cerebral palsy or developmental delays become evident later, and the clock may start from the discovery date.
Contact Us for a Free Consultation
If your child has suffered a birth injury, contact the Ted Law Firm today for a free consultation. We have a proven record of helping families recover after birth injuries. Call 888-333-5555 or complete our online form to start your case evaluation.
