In short, the answer is, "It depends." Every year, approximately one out of every 33 babies in South Carolina is born with a birth defect. The fact is that the cause of most of these birth defects is unknown. In cases where the cause of the defect cannot be identified, it can be very hard to prove medical malpractice.
The medical profession by necessity is one that is highly detail-oriented. The margin for error in making a timely and correct diagnosis, or in performing a surgical procedure, is often very small; and the consequences for even a seemingly minor mistake can be disproportionately serious. A good example of this phenomenon is when health care workers commit errors with medications.
Most of the time "medical malpractice" is associated with physical harm to a patient that results from a medical mistake like a surgical error or a misdiagnosis. But medical malpractice can also have an administrative component, which includes injury to patient privacy rights.
Recent reports listed South Carolina as one of the states in which newborns are most at risk. Support for this conclusion came, in part, from the fact that 80 infants died in 2013 due to premature birth or because their weight at birth was too low.
Hospitals can be imposing places. Even a community hospital in a medium-sized or small town can be a multi-story building with several doctors and surgeons accompanied by a multitude of staff and carrying the latest in medical technology. None of these personnel or their equipment are cheap, for you or for the hospital; all of this speaks to the financial resources that are available to the hospital, and those resources include having not just one but typically several attorneys available to represent it.