Some cases of cerebral palsy are caused by preventable medical mistakes during pregnancy, labor, or delivery, and when that happens, a family may have a legal claim. To bring a cerebral palsy lawsuit in South Carolina, you generally have to show that a medical provider’s negligence caused your child’s brain injury. Deadlines apply, and they work differently for children, so it helps to talk with a lawyer early.
Learning that your child has cerebral palsy changes everything. You’re most likely juggling doctors’ appointments, therapy schedules, and difficult questions about the future, all while trying to be there for your child. If you’re a family in Greer or the Upstate wondering whether a medical mistake played a role, you deserve honest answers. Finding trustworthy cerebral palsy legal help starts with understanding what happened. With our Greer medical malpractice lawyer at Briggs Law Group, that first conversation is a free consultation.
In this article, we discuss:
– What cerebral palsy is
– What causes cerebral palsy in babies
– When cerebral palsy is linked to medical negligence
– What a cerebral palsy lawsuit involves in South Carolina
– How long you have to file a claim
What is Cerebral Palsy?
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture, caused by damage to the developing brain. It affects every child differently. Some children have mild challenges with coordination and balance, while others need lifelong help with walking, speaking, eating, or daily care. The brain injury itself doesn’t worsen over time, but its effects reach into nearly every part of family life, from medical care to school to long-term support.
What Causes Cerebral Palsy in Babies?
Cerebral palsy is caused by damage to a baby’s developing brain, and that damage can happen before, during, or shortly after birth. Some cases come from causes no one could have prevented, such as certain infections, genetic conditions, or complications that arise despite attentive care. Other cases are tied to a loss of oxygen and blood flow to the brain around the time of delivery, which doctors call hypoxic-ischemic encephalopathy (HIE). HIE is brain damage caused by a lack of oxygen and blood flow. When a baby is deprived of oxygen during labor and delivery, the harm can be severe, and in some situations, it may have been preventable.
When is Cerebral Palsy Linked to Medical Negligence?
Cerebral palsy may be linked to medical negligence when a provider fails to meet the accepted standard of care during pregnancy, labor, or delivery, and that failure harms the baby. Families often ask about situations, such as a failure to monitor or respond to fetal distress, a delayed cesarean section when a baby is in trouble, or the improper use of delivery instruments, such as forceps or a vacuum. A word of caution here: not every difficult birth or hard outcome is the result of a mistake, and only a thorough review of the medical records can tell the difference. To pursue a cerebral palsy birth injury claim, you generally must show both that a provider was negligent and that the negligence caused your child’s injury. That’s why these cases call for close legal and medical review.
What Does a Cerebral Palsy Lawsuit in South Carolina Involve?
A cerebral palsy lawsuit seeks to hold a negligent provider accountable and to secure the resources your child will need for years to come. Before a medical malpractice case can be filed in South Carolina, the law requires specific pre-suit steps. A plaintiff must file a Notice of Intent to File Suit along with a supporting affidavit from a qualified medical provider before filing or initiating a civil action alleging injury as a result of medical malpractice. These steps exist to confirm that a claim has a genuine medical basis before it moves forward.
The stakes are high because the costs last a lifetime. Families often face:
– Ongoing medical and surgical care.
– Physical, occupational, and speech therapy.
– Wheelchairs, braces, and other equipment.
– Home modifications and in-home support.
A claim may seek compensation for these expenses, along with lost future earning capacity, pain and suffering, and the cost of long-term care. If you’re unsure whether your family has a claim, call Briggs Law Group at 843-242-0282 for a free consultation.
How Long Do You Have to File a Cerebral Palsy Claim in South Carolina?
South Carolina sets firm deadlines for medical malpractice claims, and missing one can end a case before it starts. In general, a medical malpractice action must be commenced within three years from the date of the treatment, omission, or operation, or three years from the date of discovery, not to exceed six years from the date of occurrence. For children, the rules work differently. South Carolina applies special tolling rules for minors, but those rules have limits. The filing period is not tolled for more than seven years on account of minority, and in any case, no more than one year after the disability ceases. Because these timelines are complex and turn on your child’s specific facts, please don’t guess. Speak with the attorney at Briggs Law Group as soon as possible to learn the exact deadline that applies to your family.
Frequently Asked Questions About Cerebral Palsy Claims
How do I know if my child’s cerebral palsy was caused by medical negligence?
The most reliable way to find out is to have your child’s medical records reviewed. Concerns that lead families to ask questions include problems with fetal monitoring, a delayed delivery, or oxygen deprivation around the time of birth. Briggs Law Group can review the records and help you understand what happened.
What does it cost to talk to a lawyer?
Your initial consultation with Briggs Law Group is free. You can ask questions and receive honest guidance about your options with no obligation to move forward.
We live in Greer. Can Briggs Law Group still help us?
Yes. Briggs Law Group serves families in Greer, the Upstate, and surrounding areas of South Carolina from its Charleston and Greer offices. Distance doesn’t have to stand between your family and the answers you need.
My child is older now. Is it too late to file?
Maybe not. South Carolina’s deadlines for children can differ from the standard adult rule, so a claim you assume has expired might still be possible. The safest step is to ask a lawyer as soon as you can.
Talk to a Greer Cerebral Palsy Lawyer
Has your child been diagnosed with cerebral palsy? You don’t have to sort through the medical and legal questions on your own. Briggs Law Group helps families across Greer and the Upstate understand whether medical negligence played a role and what they can do next. Contact Briggs Law Group at 843-242-0282 for a free consultation.