Contact us today to schedule your free consultation.
Contact us today to schedule your free consultation.
Birth Injury Lawyer
Braithwaite
McMillian Grimes
Serving Aiken SC, Augusta GA and Surrounding Areas
CLIENTS FIRST
NO FEES
UNLESS WE WIN
We have a “Client First” policy – no fees or costs unless we are successful in obtaining a settlement or verdict. More than that, our representation agreements promise our client’s net recovery will exceed attorney’s fees
• Available 24/7
(803) 220-0000
100% Secure and Confidential
If you, your child, or your loved one are injured during the birthing process, the impact can be life-changing. Often, birth injuries are preventable and occur because someone makes a mistake or fails to provide the required standard of care. Meanwhile, your family must pay the price. If you can demonstrate that your injuries or those of your child resulted from a birthing injury, you may have the right to pursue significant financial compensation. At Braithwaite McMillian Grimes, we offer skilled legal representation for birth injury cases, delivered with compassion and clear communication. Contact us today to discuss your case.
Aiken Birth Injury Lawyer
Suffering an injury due to medical negligence during labor and delivery can be life-altering for mother and child, especially when that injury results from a healthcare provider’s error or substandard care. If you or a loved one have been harmed due to a medical professional’s failure to meet the standard of care, you have the right to seek justice and fair financial compensation. At Braithwaite McMillian Grimes, our experienced attorneys are committed to protecting your rights and fighting for the compensation you deserve.
Contact us today to learn how we can help you move forward after a birth injury.
Common Causes of Birth Injuries
Birth injury cases can arise in a variety of situations where negligence or errors in judgment cause harm. These injuries often lead to significant medical, financial, and emotional burdens. While every case is unique, common causes of birth injuries include:
- Misdiagnosis or delayed diagnosis during pregnancy
- Surgical errors during cesarean sections
- Medication mistakes during labor and delivery
- Failure to monitor fetal distress
- Improper use of delivery instruments (e.g., forceps, vacuum extractors)
- Anesthesia errors during delivery
- Inadequate care for premature or high-risk births
- Failure to order or interpret necessary diagnostic tests
- Substandard prenatal or postnatal care
- Infections caused by unsanitary conditions
Birth Injuries in the CSRA
In South Carolina and Georgia, birth injuries are often the result of medical negligence—an action, or failure to act, that deviates from what a reasonably prudent healthcare provider or institution would do under similar circumstances.
Simply put, birth injuries occur when medical care falls below acceptable standards. Parents have the right to expect healthcare that meets at least the following minimum standards:
- Skill and Knowledge: Competence in obstetrics and related medical fields.
- Accuracy: Proper assessments and decision-making during pregnancy and delivery.
- Instruments and Supplies: Adequate and safe medical tools and resources.
- Attention and Diligence: Focused and thorough care throughout the birthing process.
- Timing: Timely interventions and procedures to prevent complications.
The standard of care is based on what is considered reasonable in the same or similar circumstances. Healthcare providers must deliver services that align with the prevailing professional standards for their field.
Common Types of Birthing Injuries
Both mothers and babies are at risk of birth injuries during delivery. While some injuries may be temporary and allow for recovery over time, others can be permanent or even result in fatal consequences.
Common examples of birth injuries caused by medical negligence include:
- Detached placenta
- Excessive maternal bleeding and hemorrhaging
- Cerebral palsy
- Brachial plexus injuries
- Fetal stroke
- Subconjunctival hemorrhage
- Cephalohematoma
- Caput succedaneum
A lack of oxygen to the baby, even for a brief moment, can lead to severe brain damage. For instance, if the umbilical cord becomes wrapped around the baby’s neck, it may result in a stroke or other serious injuries.
One of the most well-known birth injuries, cerebral palsy, can affect a child’s movement and brain-related functions. This condition often arises from trauma to the brain during the birthing process.
Comprehensive Birth Injury Legal Services
A birth injury can lead to severe physical, emotional, and financial challenges. South Carolina and Georgia laws allow injury victims and their families to seek compensation for their losses, which may include medical expenses, lost wages, pain and suffering, and more.
Insurance companies and healthcare providers may attempt to minimize their responsibility. That’s where our Aiken birth injury lawyers step in:
- Investigating the Case: We thoroughly review medical records, consult with experts, and gather evidence to establish liability.
- Negotiating with Insurers: We work directly with insurance companies to pursue a fair settlement for your losses.
- Pursuing Litigation if Necessary: If a reasonable settlement isn’t possible, we are prepared to take your case to court and fight for maximum compensation.
Who Can File a Birth Injury Claim?
Any individual whose child has been harmed by a healthcare provider’s negligence may have grounds for a birth injury claim. These claims often involve
- Parents of infants injured during labor and delivery
- Families of children harmed by diagnostic errors during pregnancy
- Loved ones pursuing claims in cases of wrongful death due to birth-related medical negligence
Possible defendants in birth injury cases include:
- Obstetricians and gynecologists
- Anesthesiologists
- Neonatologists
- Nurses and midwives
- Hospitals and birthing centers
An individual or an institution like a hospital, facility, or specialist care office may be responsible for birth injuries. Often, malpractice or failure to provide care happens simply because of a staffing shortage or lapse in judgment.
The claim is typically filed by the injured child’s parents or, in cases involving wrongful death, by the deceased child’s family or estate representative. To succeed in a birth injury case, the injured party must prove that the healthcare provider’s negligence directly caused the injury.
Types of Compensation in a Birth Injury Case
A birth injury claim seeks to address the physical, emotional, and financial impact of an injury. Compensation may include:
- Medical Expenses: Reimbursement for current and future medical treatment related to you or your child’s injuries.
- Lost Wages: Compensation for income lost due to caregiving responsibilities and reduced earning capacity.
- Pain and Suffering: Acknowledgment of the emotional and physical toll on both the child and the parents.
- Rehabilitation Costs: Coverage for therapy, mobility aids, or other recovery-related expenses.
- Wrongful Death Benefits: Compensation for families who have lost a child or spouse due to medical negligence.
In some cases, punitive damages may be awarded to punish particularly reckless behavior by the healthcare provider.
Why Choose Braithwaite McMillian Grimes?
Birth injury cases require experienced legal guidance and a deep understanding of the law. At Braithwaite McMillian Grimes, we bring compassion, skill, and dedication to every case we handle.
When you work with us, you can expect:
- Proven Results: A track record of successfully resolving birth injury cases.
- Personalized Representation: Legal strategies tailored to your unique situation.
- Open Communication: Clear and consistent updates throughout every step of your case.
Contact an Aiken Birth Injury Lawyer Today
If you or your child has been injured due to medical negligence during the birthing process, don’t face the legal process alone. The sooner you seek legal assistance, the stronger your case will be.
Contact Braithwaite McMillian Grimes, Injury Attorneys and Counselors at Law, to schedule a free consultation. Let us fight to protect your rights, hold healthcare providers accountable, and help you recover the compensation you deserve. Ready to fight, ready to defend—call us today.
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