Birth Injuries Caused by Medical Malpractice

Affordable Charleston Personal Injury Lawyers

The birth of your child should be one of the happiest moments of your life, but when the experience instead results in a birth injury, the results can be traumatic. At Preston & Salango, PLLC, our team is committed to representing families whose loved ones have been the victim of medical malpractice in the form of birth injuries.

Our Charleston personal injury attorneys have more than 40 years of collective experience, during which they have gained a reputation for successful results and a high level of professionalism in the field.

Find out why you should choose Preston & Salango, PLLC to handle your birth injury case!
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Types of Birth Injury Cases

Medical malpractice birth injuries occur when a nurse, doctor, or other medical care provider fails to use the necessary care and injures the infant or mother. Birth injuries may occur when the parents would have avoided or ended the pregnancy had they known about potential birth defects, or when the attempts to end or avoid a pregnancy fail due to a negligent doctor. Most commonly, birth injuries are caused to the infant or mother during pregnancy or delivery.

Wrongful Birth Claims
In wrongful birth claims, the parents argue that their doctor should have warned or cautioned them about the baby's impending birth defects because, had they known, the parents would have avoided or ended the pregnancy. Examples of this may include the administering of a negligent genetic test before conception, or the failure to detect physical or mental impairments through the early stages of the pregnancy.

Wrongful Pregnancy
Parents may file a wrongful pregnancy claim if they took the steps to avoid pregnancy (such as pregnancy testing, sterilization, and abortion), but these methods failed because of a negligent doctor. Although these cases involve the birth of a healthy baby, parents choose to sue for the harm that was inflicted upon them by the unwanted birth and pregnancy.

Birth Injuries to the Infant or Mother
Sometimes, the negligence of the medical care provider can lead to the infant, mother, or both becoming injured during the pregnancy or delivery of the baby. Instances of this may include failure of the doctor to control an excessive amount of blood loss from the mother after delivery. It could also include failure of the doctor to monitor the baby's oxygen intake before or after delivery.

Some specific types of birth injuries may include:

  • Delay in ordering a C-section when it is medically necessary
  • Failure to anticipate birth complications
  • Failure to detect or respond to an umbilical cord entrapment
  • Failure to treat an infection
  • Failure to respond to fetal distress
  • Failure to respond efficiently to blood loss
  • Incorrect administration of Pitocin
  • Misuse of forceps or a vacuum extractor

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With extensive trial experience, we are not afraid to take on a hospital or other entity whose negligence led to the birth injury. In fact, our very own Attorney Salango has tried nearly 50 civil jury cases, and has been named a Top 100 Trial Lawyer by The National Trial Lawyers association. In addition, Attorney Salango is rated AV Preeminent® by Martindale-Hubbell®, which is the highest rating a lawyer can receive—demonstrative of their level of ethical conduct and professional ability.

As a Charleston family-oriented personal injury firm, we recognize how scary it can be for a birth injury to occur, however; you can be confident we will do everything in our power to restore justice on your family's behalf. In addition to offering clients free consultations, we also operate on a contingency fee basis, meaning you do not owe us anything unless we are able to help you recover compensation.

Get started on your case by scheduling your complimentary case evaluation today!

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