Dynamics of Charleston Birth Injury Cases

While the dynamics of Charleston birth injury cases can involve many complicated factors, a dedicated Charleston medical malpractice attorney can help to guide you through the process so that you can place your focus on your child’s recovery. Read the following information to learn more about the dynamics of Charleston birth injury cases, as well as the ways a Charleston birth injury lawyer can help to make a difference in your family’s life.

Unique Dynamics of Charleston Birth Injury Cases

What makes birth injury cases more unique than other personal injury cases is that anytime someone is injured, it can often be a very tragic event for the child and their family as these injuries have the potential to be permanently life-altering. The stakes can be very high because these injuries tend to create a snowball effect, where an injury at the beginning of one’s life can continue on to create damages that could potentially build throughout a child’s lifetime to affect not only their bodily mobility, but also their shot at a fair chance for education and employment at the same level as their peers.

Role of Negligence in Charleston Birth Injury Cases

In Charleston birth injury cases, there has to be a doctor-patient relationship in order for a negligent cause of action to exist. If this is established, a Charleston birth injury attorney can take measures to see if the doctor or hospital facility followed the proper standard of care.

Did they do something they should not have done, or did they fail to warn the patients about risks of some of the procedures? If they violate that standard of care, then it is likely that a case of medical malpractice has occurred. The child’s parents are encouraged do their due diligence early on in these situations as well to also look into whether or not all proper procedures were followed in their child’s delivery.

The Statute of Limitations on Charleston Birth Injury Cases

When considering the dynamics of Charleston birth injury cases, there are two statutes that are in play. For a typical case against a private hospital, there would be a three-year statute of limitation beginning in 2017. That could change anytime at the legislature, but this is the current statute for private sector facilities. If the organization committing medical malpractice is a government doctor or some type of professional that works for any type of hospital that has a government nexus, it is considered part private and part public. This situation usually involves a two-year statute of limitations. A medical malpractice case must be brought within that time period for an individual to be eligible to receive compensation.

Recoverable Damages Following Charleston Birth Injuries

General damages that can be recovered in Charleston birth injury cases can include pain and suffering, enjoyment of life, any type of disfigurement, or any type of impairment that may occur. Special damages in Charleston birth injury cases can be defined as monetary damages for events such as surgery needed to help you and your child recover.

Sometimes with a brachial plexus or Erb’s palsy case, there can be costly procedures that would need to take place to correct the problem. These medical bills, past and future, would be part of the damages that could be recovered, in addition to any estimated lost future income your child would be unable to make a result of the injury.

If your child has suffered as a result of a negligent delivery, reach out to a knowledgeable Charleston birth injury attorney today to help teach you about the dynamics of Charleston birth injury cases and act as an aggressive advocate for your deserved compensation.


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