Child Birth Injury in South Carolina
Certain memories last a lifetime; first dates and special events can hold a permanent place in our minds. But very few memories compare to holding your child for the first time. That overwhelming sense of pride, and of love, can stay with you forever. However, this scenario can quickly turn sour if you, your child, or a loved one has been injured during the birthing process due to medical malpractice or negligence. If this is the case, you may want to contact an experienced attorney in South Carolina to help you defend your loved ones and enforce your rights.
What Causes a Childbirth Injury?
While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in South Carolina.
During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the South Carolina medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.
WCNC reports that a Florence mother of 3, Yolanda, received negligent medical care at the Mcleod Regional Medical Center. During delivery, and post delivery, her blood pressure continued to climb, and the nurses noted this in their logs. The American College of Gynecology and Obstetrics recommends giving blood pressure medication by IV for mother’s whose blood pressure continues to climb post birth. The staff did not administer these drugs, and the mother died later from a stroke.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in South Carolina. One of the following examples may apply to your circumstances.
-
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. South Carolina medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
-
Improper Use of Forceps
There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb. Attending medical professionals may use forceps to help move it through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.
Still, the medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.
-
Hypoxia
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most South Carolina medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
-
Cesarean Section Delay
An emergency C-section may be necessary due to an infant fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.
In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.
What Are Some Other Possible Causes of Childbirth Injury in South Carolina?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Brachial Plexus
According to the Children’s Hospital, brachial plexus injuries occur at a rate of about 3 in every 1,000 births. The brachial plexus is injured when the nerves are stretched or compressed during a difficult delivery. These injuries vary in seriousness, as well as recovery time. The nerves can be stretched, ruptured, or even experience an avulsion.
Neonatal Femur Fractures
Very Well Health states that a child’s femur can be fractured if the child is awkwardly grasped and pulled during the birthing process. This generally occurs when the leg is grabbed, twisted, and pulled when trying to remove the baby from the birth canal. Pain when the leg is moved is the general indicator of a fractured femur. If this occurs, the child is generally treated by wearing a Pavlik Harness.
Why Should You Take Action for Your Child Birth Injury?
It is essential that any parent whose child has been diagnosed with a birth injury in South Carolina, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
The South Carolina Department of Health and Environmental Control reports a 7% drop in infant mortality from 2019 to 2020. The infant mortality rate currently stands at 6.5 infant deaths per every 1,000 live births. However, this is still above the national average, which is 5.58.
If you, your child, or your loved one has been injured during the childbirth process, you may want to engage the services of an experienced attorney in South Carolina.
Work With an Experienced Local Child Birth Injury Lawyer in South Carolina
If you expect birth injury medical malpractice in South Carolina, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across South Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
Still need to learn more? Check out some of our coverage on a different area of South Carolina law.