Rapid City Birth Injury Lawyer

Did your child suffer a serious injury during pregnancy, labor, or delivery in Rapid City, SD?

At Loos, Sabers & Smith, LLP, we provide dedicated birth injury representation for families throughout the Rapid City area.

If your child suffered an injury during pregnancy, labor, or delivery, an attorney can help you determine whether medical negligence caused the harm. A Rapid City, SD birth injury lawyer at our firm reviews the medical records, consults qualified physicians, and pursues the providers responsible for the harm. Our firm has represented injured South Dakotans and their families since 1994, and we understand how a birth injury changes the years ahead. Schedule a free consultation to discuss what happened and the options available to your family.

Birth Injury Lawyer Rapid City, SD

A birth injury is harm a baby suffers before, during, or shortly after delivery. Some injuries result from natural complications that no one could prevent. Others follow avoidable mistakes by doctors, nurses, or hospital staff, and the difference often decides whether a family has a legal claim. Cerebral palsy, the most common motor disability in childhood, most often begins before or during birth, according to CDC data.

More than 11,000 babies are born in South Dakota each year, according to South Dakota birth data, and most arrive healthy. When harm occurs during delivery, a birth injury attorney in Rapid City examines the prenatal and delivery records, works with medical professionals to weigh the standard of care, and determines whether negligence played a role. The goal is to understand what happened and to hold the responsible parties accountable.

Types of Birth Injury Cases We Handle in Rapid City

We represent families whose children were harmed by errors during pregnancy or childbirth. The type of injury guides the medical proof a claim requires, and we build each case around its specific facts. The following injuries account for most of the birth injury claims we handle in the Rapid City area.

• Cerebral palsy. This lifelong condition affects movement, balance, and posture, and it often traces back to brain damage around the time of labor and delivery. When a provider fails to respond to fetal distress or delays a necessary cesarean, the resulting oxygen loss can cause it. We work with medical professionals to determine whether better care would have prevented the injury.

• Hypoxic-ischemic encephalopathy. HIE occurs when a baby’s brain is deprived of oxygen and blood flow around birth. Umbilical cord problems, placental complications, and prolonged labor are common triggers. Prompt recognition and treatment can limit the damage, and a delay in acting can form the basis of a claim. Oxygen loss around birth is a recognized cause of lasting brain injury, as the NICHD explains.

• Brachial plexus injuries. Excessive force during a difficult delivery can stretch or tear the nerves that control the arm and hand, a condition often called Erb’s palsy. Some children recover with therapy, while others face permanent weakness. We examine how the delivery was managed and whether the injury was avoidable.

• Shoulder dystocia complications. When a baby’s shoulder becomes lodged during delivery, the response of the medical team affects the outcome. Improper maneuvers can cause nerve damage, fractures, or oxygen loss. The outcome depends on how staff reacted in those critical moments.

• Delivery trauma. Bone fractures, bruising, and head injuries can result from the improper use of forceps or vacuum extractors. Most heal in time, but some cause lasting harm. We review whether the chosen delivery method suited the situation.

• Untreated jaundice. Severe jaundice that goes untreated can lead to a condition called kernicterus and permanent brain injury. Simple monitoring and treatment usually prevent it. A failure to act on the warning signs can support a claim.

• Maternal injuries. Negligent prenatal or delivery care can also harm the mother. We represent women injured by preventable errors during pregnancy and childbirth and pursue the losses those injuries cause.

• Brain injury. Oxygen loss, bleeding in the skull, or trauma from delivery tools can damage a newborn’s developing brain. The effects may include seizures, developmental delays, and learning or behavioral challenges that become clearer as the child grows. We trace the injury back through the delivery records to identify when and how the harm occurred.

• Catastrophic injury. Some birth injuries leave a child with permanent disabilities that affect nearly every part of daily life. These children may need feeding support, mobility equipment, and specialized care well into adulthood. We work with medical and financial professionals to project those lifelong costs so the claim reflects the child’s true needs.

Why Choose Loos, Sabers & Smith, LLP as my Birth Injury Lawyer in Rapid City, SD?

The thoroughness of the investigation and the accuracy of the valuation both depend on the attorney a family chooses. Birth injury cases combine complex medicine with demanding legal standards, and our firm brings decades of injury litigation to the questions they raise.

Decades of Injury Litigation in the Black Hills

Our founding partner, Michael C. Loos, has represented injured people across western South Dakota since 1994 and concentrates his practice on serious injury litigation. He has been named to Super Lawyers for personal injury every year from 2017 through 2025. Families across the region also rely on our personal injury lawyer in Rapid City, SD for a broad range of injury claims. Each family works directly with the attorney handling the case.

Recoveries That Account for Lifelong Care

A birth injury claim must account for a lifetime of medical care, therapy, and lost earning capacity, not only the costs a family faces in the first year. Our firm has recovered millions of dollars for injured people across South Dakota. Representative outcomes include a one-million-dollar settlement involving a minor and separate brain injury recoveries of $500,000 and $300,000. We prepare every claim to account for the child’s long-term needs.

Understanding Birth Injury Cases

Damages, Liability, and Compensation for Birth Injury Cases

A birth injury claim seeks compensation for the losses the injury causes a child and a family. Economic damages cover medical treatment, surgeries, therapy, assistive equipment, and future care. Non-economic damages address pain, disability, and reduced quality of life. A serious claim often relies on a life-care plan that projects the cost of therapy, equipment, and assistance for years to come. 

Establishing liability means proving negligence. South Dakota law holds medical providers to a duty of care, and a claim must show that a breach of that duty caused the harm. Not every medical error supports a lawsuit, so an honest review of the records comes before any filing. Our attorneys give families a candid assessment of what the evidence shows. The state also sets a two-year filing deadline for medical claims, shorter than many families expect, so early review protects a child’s rights. Because these deadlines can be strict, a family should speak with an attorney as soon as a problem is suspected rather than wait for a diagnosis to be confirmed.

What Are Important Aspects of a Birth Injury Case?

Strong medical evidence is essential to a birth injury claim, and it is both technical and time-sensitive. A few factors do the most to establish these claims.

• Complete medical records. The prenatal chart, fetal monitoring strips, and delivery notes show what the providers knew and when they acted.

• Independent medical review. Physicians assess whether the care met the accepted standard and whether a different response would have prevented the injury. This review often decides whether conduct amounts to medical malpractice.

• Proof of causation. The evidence must connect the provider’s conduct to the child’s injury and address unrelated explanations the defense may raise.

• Long-term prognosis. An assessment of the child’s future needs establishes what the claim is truly worth.

• Preserved evidence. Fetal monitoring records and other proof can be lost over time, so acting early protects the case.

What Is The Birth Injury Case Timeline?

Every birth injury case moves at its own pace, and the timeline depends on the child’s prognosis and whether the case resolves before trial. Speaking with a lawyer about suspected medical negligence early keeps the process on track. Most cases follow a familiar path.

• Diagnosis and prognosis establish the nature and extent of the injury.

• We obtain the complete medical records and have them reviewed.

• We calculate the child’s current and future needs.

• Negotiation with the providers and their insurers seeks a fair resolution.

• If no fair settlement is reached, we prepare the case for trial.

What Should You Bring to Your Birth Injury Consultation?

You do not need to gather everything before meeting with us, but a few items help us evaluate a claim during a first meeting.

• Your child’s medical records and any imaging

• Prenatal and delivery records, if you have them

• A written timeline of the pregnancy, labor, and delivery

• Notes on the child’s diagnosis and current treatment

• Any correspondence from the hospital or its insurer

We can also explain how claims are valued once we review the records. During the consultation, we go over these details, explain your options, and outline the next steps you can take. You are under no obligation, and there is no charge for the meeting.

Reach Out to Loos, Sabers & Smith, LLP to Schedule a Consultation

A birth injury changes a family’s future, and steady legal support helps secure the care a child will need. Our attorneys are ready to review the records and answer your questions. You can contact us to arrange a free consultation with a Rapid City birth injury attorney. Our office answers calls at any hour, so help is available when you reach out.