Birth Injuries and Traumas

A birth injury can turn what should be a joyful moment into a lifelong struggle. Obstetricians and nurses are trained to recognize signs of fetal distress and take swift action to protect both mother and child. When they fail to meet that standard of care, the consequences can be devastating.

I represent families from across South Carolina in these difficult and deeply emotional cases. Many birth injuries are preventable, and when medical professionals make avoidable mistakes during labor and delivery, the damage—both physical and emotional—can be permanent.

I take these cases seriously and work tirelessly to help families seek justice and the compensation they deserve for what they’ve endured.

Common Birth Injuries We Handle

We have extensive experience investigating and litigating cases involving:

  • Cerebral palsy

  • Hypoxia (lack of oxygen to the brain)

  • Forceps or vacuum extraction injuries

  • Abrupted placenta

  • Undiagnosed preeclampsia

  • Erb’s palsy

Head trauma and oxygen deprivation are among the most common causes of long-term complications, including:

  • Cephalohematoma

  • Skull fractures

  • Brain hemorrhages

  • Nerve damage

  • Perinatal asphyxia

Understanding the Difference: Birth Injury vs. Birth Defect

Birth injuries are caused by medical negligence during labor and delivery. Birth defects, on the other hand, are typically congenital and result from genetic conditions or environmental exposures. If your child developed a defect due to a dangerous drug or toxic exposure, you may still be able to pursue legal action.

What Causes Birth Injuries?

Negligence by healthcare providers is often the root cause. Examples include:

  • Failure to diagnose maternal infections or complications

  • Improper use of labor-inducing drugs

  • Failure to monitor fetal heart rate

  • Delayed response to signs of fetal distress

Risk factors such as breech position, macrosomia, cephalopelvic disproportion, and prolonged labor can also heighten the danger.

What Damages Can You Recover? 

Children affected by birth injuries may need lifelong care.

A successful birth injury lawsuit may provide compensation for:

  • Medical expenses and specialized treatments

  • Rehabilitation and special education

  • Home modifications and mobility equipment

  • Loss of future earnings

  • Pain and suffering

  • Emotional distress

  • Loss of enjoyment of life

How Long Do I Have to File a Claim in South Carolina?

The statute of limitations for medical malpractice or birth injury claims is generally three years from the date of discovery, but no later than six years from the date of injury. For claims involving government-run facilities, different rules apply. Prompt legal guidance is essential to preserve your rights and gather time-sensitive evidence.

How Are Legal Fees Handled?

At the Law Offices of Jones Andrews, Inc., we work on a contingency fee basis. This means you don’t owe us anything unless we recover compensation for you. Our fees come from a percentage of the settlement or verdict. 

We consult with medical experts, life care planners, and economists to fully calculate the impact of your child’s injury. Our attorneys prepare every case as if it’s going to trial, ensuring that your story is heard and your child’s future is protected.

I understand how overwhelming this process can be—that’s why I’m here to help you every step of the way. Call me at (803) 600-4042 to schedule your free consultation. Based in Columbia, I proudly represent families throughout South Carolina.