How Are Birth Injuries Defined?

Birth injuries are defined as physical harm to an infant that occurs during labor or delivery. An adverse event at birth can cause impairment of the child’s body function or structure. While some birth injuries are unavoidable because of natural complications, others are the result of medical negligence. Medical providers, including hospitals, doctors, nurses, and midwives, may be held liable when their mistakes or failure to meet the standard of care lead to harm to an infant.

What Are Some Different Types of Birth Injuries?

The following are some of the most common birth injuries:

  • Bone fractures: Excessive force used by the medical team during a difficult delivery can fracture an infant’s bones, particularly the collarbone.
  • Facial nerve damage: Too much pressure applied to the baby’s face during delivery can cause facial nerve injuries and resulting muscle weakness or paralysis.
  • Hypoxic-ischemic encephalopathy (HIE): This is a serious condition caused by oxygen deprivation during birth. It can result in brain damage and developmental delays.
  • Brachial plexus injuries: The brachial plexus is a group of nerves that send signals from the spinal cord to the shoulder, arm, and hand. Brachial plexus injuries can occur when these nerves are stretched, squeezed, or torn during delivery, resulting in paralysis or weakness.
  • Cerebral palsy: One of the most serious birth injuries, cerebral palsy is caused by a lack of oxygen to the infant’s brain during labor or delivery. It can lead to problems with movement, coordination, and development. 

Common Birth Injuries Suffered By Mothers

During childbirth, mothers can experience injuries due to complications in labor or delivery. Some of the most common birth injuries include:

  • Perineal tears: Lacerations between the vagina and anus, often requiring stitches for repair.
  • Pelvic floor damage: Injury to muscles or nerves, leading to incontinence or discomfort.
  • Uterine rupture: A rare but severe condition where the uterus tears during delivery.
  • Bladder or bowel injury: Damage to internal organs that may need surgical intervention.
  • Postpartum hemorrhage: Excessive bleeding after birth that can pose significant health risks.

If you’ve experienced a birth injury, it's important to seek medical attention and discuss potential legal options to address the harm caused.

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Common Causes of Birth Injuries 

Medical malpractice occurs when a healthcare institution or medical professional fails to meet the expected standard of care, and that failure results in injury or death to a patient. Birth injuries due to medical malpractice are often preventable, resulting from mistakes made during prenatal care, labor, or delivery. The following are common examples of medical negligence that can lead to birth injuries:

Medication errors

Incorrect doses of Pitocin, which is used to induce labor, can cause uterine tachysystole (hyperstimulation of the uterus). This puts the baby at risk of not getting enough oxygen because contractions restrict blood flow between the mother and the baby. 

Failure to monitor

When the medical team fails to properly monitor the baby’s heart rate or the mother’s vital signs, distress can go undetected, leading to oxygen deprivation and other complications.

Improper use of forceps or vacuum

Although forceps and vacuums can be useful tools for tricky deliveries, improper use can lead to serious birth injuries. Too much pressure from vacuum deliveries can affect the child’s brain, scalp, skull, neck, arms, shoulder, or torso. Forceps delivery complications may include bone or skull fractures, brain damage, bruises, and lacerations. 

Delayed C-section

A timely C-section may be required if labor is not progressing, or the baby is showing signs of distress. A delay in this critical decision could result in serious harm.

When Can I File a Birth Injury Claim in Texas?

In Texas, you can file a birth injury claim if the injury was caused by medical negligence during labor or delivery. The statute of limitations for such claims is typically two years from the date of the injury or from when the injury is discovered. It’s important to act promptly to ensure your rights are protected. At Scheuerman Law Firm, we can help you understand the specifics of your case and guide you through the legal process to seek compensation.

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Potential Damages That Can Be Recovered

In a birth injury case, various types of damages may be recoverable depending on the circumstances. These can include:

  • Medical expenses: Costs for treatment, surgery, therapy, and ongoing care.
  • Pain and suffering: Compensation for physical and emotional distress caused by the injury.
  • Lost wages: If the injury impacts your ability to work or care for your child.
  • Future medical costs: Long-term care or treatments needed due to the injury.
  • Punitive damages: In cases of gross negligence, these damages aim to punish the responsible party.

If you or your child has suffered a birth injury, contact Scheuerman Law Firm to discuss the potential damages you may be entitled to recover.

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How Can a Birth Injury Lawyer in San Antonio Help?

Birth injuries are complex cases, requiring a thorough understanding of both medical and legal issues. Our experienced birth injury lawyer in San Antonio at Scheuerman Law Firm can help you navigate the process of bringing a cause of action against negligent healthcare providers. We can investigate the incident, gather evidence, secure expert testimony to support your claim, and fight tenaciously for the compensation your family deserves. If medical negligence has caused birth injuries to your child, contact us for personal attention, dedicated advocacy, and skilled representation in a medical malpractice claim. 

Birth Injury FAQ

Can you sue a hospital for birth injuries?

What is the average payout for a birth injury?

Who can be held liable in birth injury cases?

How do you prove that medical negligence caused the injury?

What should I do if I suspect my child suffered a birth injury?

Can you sue a hospital for birth injuries?

Yes, you can sue a hospital if the birth injury was caused by medical negligence, such as errors by doctors, nurses, or other healthcare providers. Hospitals can be held accountable for the actions of their staff.

What is the average payout for a birth injury?

The average payout for a birth injury varies greatly depending on the severity of the injury, the long-term care needed, and the damages proven in court. Settlements can range from thousands to millions of dollars.

Who can be held liable in birth injury cases?

Liable parties in birth injury cases can include doctors, nurses, hospitals, or even manufacturers of medical devices if their negligence or errors contributed to the injury.

How do you prove that medical negligence caused the injury?

To prove medical negligence, you must show that the healthcare provider failed to meet the standard of care, that this failure directly caused the injury, and that the injury led to damages. Expert testimony and medical records are crucial to building a strong case.

What should I do if I suspect my child suffered a birth injury?

If you suspect a birth injury, seek immediate medical attention for your child and consult an experienced birth injury attorney. The Scheuerman Law Firm can help you understand your legal rights and guide you through the process of filing a claim.

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