South Dakota Birth Injury Lawyer

Types of Cases a South Dakota Birth Injury Lawyer Handles

A birth injury can occur before, during, or shortly after delivery. While some birth injuries can't be prevented, others may result from mistakes made by doctors, nurses, or other health care professionals during labor and delivery.

South Dakota birth injury lawyers can investigate what happened and determine whether medical negligence may have contributed to a child’s condition.

Birth injury cases our attorneys often help with include:

• Birth asphyxia
• Bleeding in the brain
• Brachial plexus injury
• Brain damage or swelling
• Cephalohematoma (accumulation of blood above the skull but under the scalp)
• Cerebral palsy (CP)
• Erb’s palsy
• Facial nerve injury or paralysis
• Fetal distress
• Hypoxic ischemic encephalopathy or HIE (when the brain doesn’t receive enough oxygen or blood flow)
• Injuries from forceps or vacuum extraction
• Intracranial hemorrhages
• Jaundice and kernicterus (brain damage from untreated jaundice)
• Necrotizing enterocolitis (NEC)
• Nerve damage
• Shoulder dystocia (when one or both of the baby’s shoulders get stuck in the mother’s pelvis during delivery)
• Skull fractures or bone fractures
• Spinal cord injuries
• Stillbirths and wrongful death
• Umbilical cord strangulation

“Our baby faced serious issues after birth, including a fractured clavicle and a suspected brachial plexus injury. Sokolove Law was essential in helping us navigate the legal process and ensure we got the support we needed. I truly do not know what we would have done without their assistance.”
– Parent & Firm Client

The impact of a birth injury can vary significantly. Some children recover with treatment, while others may require ongoing medical care, therapy, assistive devices, or other forms of support throughout their lives.

If you believe medical malpractice may have contributed to your child’s injury, our South Dakota birth injury attorneys can help you understand your legal options and pursue accountability from negligent health care providers.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $1.1 Billion for families affected by birth injuries.

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The Link Between Medical Malpractice and Birth Injuries

Medical professionals are expected to provide proper care throughout pregnancy, labor, and delivery. When a provider’s actions fall below that standard and a baby is harmed, it may be considered medical malpractice.

Birth injury malpractice can take many forms. A medical team may fail to recognize signs that a baby is in distress, delay a necessary intervention, or make an avoidable error during delivery. In some cases, these mistakes can cause permanent injuries.

Examples of medical negligence that may contribute to a birth injury include:

• Using excessive force during delivery
• Failing to identify or properly address known risk factors
• Improperly using forceps or vacuum extractors
• Failing to recognize or respond to fetal distress
• Misdiagnosing or failing to diagnose a serious medical condition
• Delaying a medically necessary C-section

Determining whether malpractice occurred requires a careful review of what happened before, during, and immediately after delivery.

Sokolove Law has registered nurses on staff who can listen to your story, review the circumstances surrounding your child’s injury, and help identify potential signs of medical negligence.

“It's incredibly rewarding to be able to help these families through a time that's very confusing. There is a lot going on. There's a lot of medical terms being thrown around, a lot of tests being done, and you can kind of get lost in everything that's happening.”
– Beth Carter, Registered Nurse with Sokolove Law

Call (800) 995-1212 now to find out if medical malpractice may have contributed to your child’s birth injury. It costs nothing to speak with our team.

Do You Have a South Dakota Birth Injury Case?

Not every birth injury is caused by medical malpractice. However, conditions like cerebral palsy, HIE, and Erb’s palsy sometimes result from preventable medical errors before, during, or shortly after delivery.

Whether you have a valid South Dakota birth injury case depends on what happened during your child’s care, the available medical evidence, and whether a health care provider’s negligence contributed to the injury.

To establish birth injury malpractice, your lawyer will generally need to show that:

• A medical professional owed a duty of care to you or your baby
• The provider failed to meet the accepted standard of care
• That failure caused or contributed to your child’s injury
• Your child and family suffered damages as a result

Medical records, fetal monitoring strips, delivery notes, and other evidence may help your legal team determine whether the care provided fell below the appropriate standard. South Dakota also limits how long families have to file medical malpractice claims.

South Dakota Birth Injury Statute of Limitations

The South Dakota birth injury statute of limitations is generally 2 years from when the alleged malpractice occurred (SDCL § 15-2-14.1).

If a birth injury results in a child’s death, South Dakota generally allows 3 years from the date of death to file a wrongful death lawsuit (SDCL § 21-5-3).

If a claim isn't filed within this window, families may lose their ability to seek compensation, no matter how strong the case may be. To protect your legal rights, it’s important to consult with a South Dakota birth injury lawyer as soon as possible.

Steps to File a South Dakota Birth Injury Lawsuit

Filing a birth injury lawsuit in South Dakota involves investigating what happened, gathering evidence of medical negligence, identifying the parties that may be responsible, and filing the claim within the legal deadline.

South Dakota birth injury lawsuits generally involve:

• Contacting an experienced South Dakota birth injury lawyer
• Collecting medical records, expert opinions, and other evidence
• Identifying the health care providers or facilities that may be responsible
• Filing the lawsuit within South Dakota’s statute of limitations
• Negotiating with the defendants and their insurers for a potential settlement
• Taking the case to trial if a settlement is unable to be reached

Learn more about how to file a South Dakota birth injury lawsuit and how Sokolove Law can guide your family through each step of the legal process.

1. Contact Sokolove Law

The process begins with a free, no-obligation case review. When you contact Sokolove Law, our team will ask questions about your child’s birth, injury, and medical care to better understand what happened.

If we determine that you may have a case, we can explain your legal options and the next steps for pursuing a South Dakota birth injury claim.

2. We’ll Gather Evidence of Malpractice

A successful birth injury lawsuit requires evidence connecting a medical provider’s negligence to your child’s injury. Our legal team can investigate the circumstances surrounding your child’s care and gather information that may help establish what went wrong.

Evidence in a birth injury case may include:

• Medical records
• Expert testimony
• Fetal monitoring records
• Hospital and staffing records
• Witness statements

Our attorneys work alongside our on-staff registered nurses and medical experts to evaluate this evidence and determine whether malpractice may have contributed to your child’s injury.

“Our team talks with families to determine what happened. We work closely with our experts who will form opinions on that, and then we present that evidence to whoever the defendants are.”
– Ricky LeBlanc, Managing Attorney of Sokolove Law

3. We’ll File Your Birth Injury Claim in South Dakota

If there is evidence to support a claim, our team can file a South Dakota birth injury lawsuit against the doctor, hospital, or other parties whose negligence may have caused or contributed to your child’s injury.

We’ll handle the legal filings and paperwork to ensure your lawsuit is brought in the appropriate court and within the statute of limitations.

Because South Dakota limits how long families have to pursue medical malpractice claims, contact Sokolove Law as soon as possible to learn about the deadline that may apply to your case.

4. Access Birth Injury Settlements

Our attorneys will pursue compensation from the parties responsible for your child’s injury. This may involve negotiating with health care providers, hospitals, their insurers, and other defendants in an effort to reach a birth injury settlement.

If a settlement can be reached, your family may be able to receive compensation without going to trial.

However, if the case cannot be resolved through a settlement, our South Dakota birth injury lawyers are prepared to take the case to court and fight for a verdict on your family’s behalf.

Our Past South Dakota Birth Injury Settlements

Compensation from a South Dakota birth injury lawsuit can help families manage medical expenses, therapies, assistive equipment, long-term care, and other costs associated with a child’s injury.

Sokolove Law has secured over $1.1 Billion for families affected by birth injuries across the country.

Some of our past birth injury settlements and verdicts include:

• $16.5 Million for the family of a child with cerebral palsy
• $7.8 Million to a child in who developed CP from a birth injury
• $5 Million for a child who suffered brain damage during delivery
• $6 Million to the family of a child with a CP brain injury
• Over $2 Million for a child with brachial plexus damage
• $2.85 Milllion to a woman whose daughter developed CP
• $5.1 Million for a child who experienced birth asphyxia
• $7.5 Million to a child with cerebral palsy
• $7.25 Million for a child with HIE and cerebral palsy
• $4.5 Million to a child with Erb’s palsy
• $4.1 Million for a child who suffered umbilical cord strangulation and fetal distress
• $8 Million to a child with a vacuum extractor injury
• Over $10.4 Million for the family of a child with CP

Every birth injury case is different, and past results do not guarantee a particular outcome. If your child was harmed by medical negligence, our South Dakota birth injury lawyers will fight for the compensation your family may be entitled to.

What Does a South Dakota Birth Injury Attorney Do?

A South Dakota birth injury attorney investigates whether medical negligence contributed to a child’s injury and helps families pursue compensation for the harm they’ve suffered.

Birth injury cases can involve complex medical records, multiple health care providers, and high long-term costs. An experienced attorney can handle these details while families focus on their child’s health and well-being.

A South Dakota birth injury lawyer can help by:

• Investigating what happened: Your attorney can review prenatal records, fetal monitoring strips, labor and delivery notes, and other medical evidence for signs of errors, missed warning signs, or delayed interventions.
• Working with medical experts: Depending on the case, lawyers may consult OB-GYNs, neonatologists, life-care planners, and other specialists to evaluate the care provided and the impact of your child’s injury.
• Holding doctors and health care professionals accountable: Legal action can hold providers accountable when rushed care, distractions, or preventable mistakes harm a patient — and encourage greater attention to safety moving forward.
• Pursuing compensation: Your legal team can seek compensation for losses related to the injury, including ongoing medical treatment, therapy, specialized equipment, and long-term care.

By handling the legal details on your behalf, a South Dakota birth injury attorney can take some of the burden off your plate, allowing you to focus on what matters most — caring for your child and your family.

South Dakota Birth Injury Lawsuit News & Updates

Court decisions and changes in South Dakota medical malpractice law can affect the rights of families considering a birth injury lawsuit.

New rulings may change how courts interpret filing deadlines, what evidence families need to prove medical negligence, or how much compensation may be available after a preventable birth injury. Learn more about recent South Dakota birth injury lawsuits and news.

$3.8 Million South Dakota Birth Injury Settlement

A South Dakota family secured a $3.8 Million settlement after a baby suffered severe brain damage during delivery at an Indian Health Service hospital in Eagle Butte.

According to reports, the child's mother was not transferred to a hospital equipped to perform an emergency C-section. During labor, the attending physician also allegedly failed to properly recognize signs of fetal distress on the fetal monitor.

The child was ultimately born with profound brain damage, blindness, and severe physical and cognitive disabilities. Reached with the U.S. government under the Federal Tort Claims Act, the settlement includes payments of $7,500 a month to help cover the child's ongoing care.

“The basic rule in every hospital in the country that’s accredited is that the facility must have the capacity to perform a cesarean section within 30 minutes from decision to incision."
– South Dakota Birth Injury Lawyer

Compensation from a birth injury lawsuit can help cover the costs of medical treatment, therapy, specialized equipment, and lifelong care.

Let Our South Dakota Birth Injury Lawyers in South Dakota Fight for You

A birth injury can leave families facing years of medical treatment, therapy, and other unexpected expenses. Sokolove Law can help you pursue the compensation needed to support your child now and in the future.

With decades of experience handling birth injury cases, our firm has the knowledge and resources to take on South Dakota hospitals, health care providers, and their insurers.

Our South Dakota birth injury lawyers will take the time to understand what happened to your child, investigate whether medical negligence was involved, and pursue the compensation your family deserves.

Let us handle the legal process and fight for your family, so you can focus on what matters most — caring for your child.

Call (800) 995-1212 now or fill out our contact form to get started with a free, no-obligation case review. We're here to help 24/7.

South Dakota Birth Injury Attorney FAQs