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 Common 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. 
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What Constitutes Medical Malpractice Leading to 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.

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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 San Antonio birth injury attorney 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. 

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Tyler Scheuerman - Super Lawyers 2023
Board Certified - Texas Board of Legal Specialization
Martindale-Hubbell Peer Review Rated logo
AV Preeminent 2016 award
Super Lawyers Tyler Scheuerman - 15 years
American Board of Trial Advocates logo
Texas Bar College logo
State Bar of Texas logo

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