San Antonio Birth Injury Lawyers

Securing Justice for the Victims of Birth Malpractice in Texas

Some of the saddest medical malpractice cases are those in which an infant is harmed during birth. In the worst cases, the injuries to the child or mother are fatal. Knowing that these tragedies occurred due to the negligence of trusted healthcare providers is almost too much to bear.

At Maloney Law Group, P.L.L.C., we know how to hold medical providers responsible for tragic losses and injuries when they fail to meet the accepted level of care owed to a patient, resulting in a birth injury. 

If your child was injured before, during, or shortly after birth or delivery, or if you lost your child or your wife during childbirth, you may have cause to bring a medical malpractice suit against the medical staff and facility that handled the birth. Let our San Antonio birth injury attorneys help at every step of the way, so you can focus on your family while we focus on your case.

We've Recovered Millions for Birth Injury Clients

Maloney Law Group, P.L.L.C. has a long history of success in birth injury cases, such as:

• $7,620,000: Birth injury involving HIE
• $7,200,000: Birth injury involving HIE
• $7,000,000: Birth injury involving HIE
• $5,750,000: Birth injury involving HIE

On This Page

• What is a Birth Injury?
• How Do Birth Injuries Happen?
• Common Causes of Birth Injuries
• Common Injuries to Infants
• Common Injuries to Mothers
• Signs of a Birth Injury
• Do I Have a Case?
• Who Is Liable for a Birth Injury?
• Damages You Can Recover 
• Contact Our San Antonio Office

When a child's birth goes catastrophically wrong, we're here to help. Contact us online or call (210) 361-2997 to request a consultation with our birth injury lawyers in San Antonio.

What is a Birth Injury?

A birth injury is an injury suffered by an infant during, before, or shortly after labor or delivery, often resulting from medical negligence or improper care. While some birth injuries are temporary when treated quickly, most cause long-term complications or disabilities. For families, a birth injury can bring emotional, financial, and physical challenges, as they may face ongoing medical treatments, therapy, or altered life plans. If a birth injury occurred due to a healthcare provider’s negligence, under Texas law, the child’s parents may have the legal right to seek compensation and hold those responsible accountable for their pain and loss.

How Do Birth Injuries Happen?

Unfortunately, some medical professionals fail to uphold the correct standard of care. When obstetricians, nurses, midwives, and doctors make mistakes or act negligently, the consequences can be devastating to the unborn or newly born child. If you believe a medical provider’s negligent or wrongful conduct caused or contributed to your injury, your child’s injury, or your loved one’s injury, you could have grounds for a birth injury lawsuit.

Some of the most common causes of birth injuries include:

• Failure to diagnose/treat maternal conditions, such as infections
• Prolonged labor/failure to order a timely cesarean section (C-section)
• Improper use of medical tools, such as forceps or vacuum extractors
• Failure to monitor vital signs in the mother and/or baby
• Failure to identify/address signs of fetal distress (low oxygen levels, etc.)
• Difficult labor/delivery, including complications
• Use of excessive force during delivery
• Failure to diagnose/treat conditions in the infant (jaundice, infections, etc.)

What Are Some Common Birth Injury Causes?

Some of the common causes of birth injuries include:

• Failure to diagnose/treat maternal conditions, such as infections
• Prolonged labor/failure to order a timely cesarean section (C-section)
• Improper use of assistive birth devices, such as forceps or vacuum extractors
• Failure to monitor vital signs in the mother and/or baby
• Failure to identify/address signs of fetal distress (low oxygen levels, etc.)
• Difficult labor/delivery, including complications such as a cervix that does not expand
• Use of excessive force during delivery (pulling the child from the birth canal)
• Failure to diagnose/treat conditions in the infant (jaundice, infections, etc.)

While most births do not result in serious birth injuries or complications, there are many things that can go wrong during pregnancy, labor, or delivery. If you suspect that your child suffered a birth injury, seek medical attention right away. Then, contact our at Maloney Law Group, P.L.L.C. to learn more about your rights and legal options.

What Are the Most Common Types of Birth Injury?

Birth injuries can be devastating for both mothers and children. They can cause long-term physical, emotional, and mental harm, as well as financial strain due to medical bills and other costs.

Some of the most common birth injuries include:

• Brachial plexus injury: Damage to the nerves of the shoulder, arm, and hand caused by excessive stretching.
• Shoulder dystocia: Occurs when the baby’s shoulder is stuck behind the pelvis during delivery.
• Cerebral palsy: A neurological disorder that affects muscle coordination and voluntary movements.
• Erb’s palsy: An injury to a group of nerves in the neck causing weakness or paralysis in one or both arms.
• C-section errors: Mistakes during the process of performing a C-section, often putting both the mother and child at risk.
• Hypoxic-ischemic encephalopathy (HIE): Caused by low blood-oxygen levels, typically during prolonged labor or complicated pregnancy.
• Facial paralysis/nerve injuries: Weakness or paralysis on one side of the face due to damage to facial nerve branches.
• Fetal stroke: A lack of oxygen supply resulting from a stroke can cause cognitive injuries to an unborn baby.
• Permanent neurological damage (CPN): Brain damage during birth, which can cause permanent disability such as seizure disorders, learning disabilities, cerebral palsy, and other similar conditions requiring lifelong medical care.
• Intracranial hemorrhage: Bleeding within brain tissue due to trauma during the delivery process resulting in serious consequences for the infant’s health and development.
• Cephalohematoma: Bleeding that forms between the infant’s scalp and scull, which might not affect brain functions but can still be extremely dangerous.
• Skull fractures and broken bones: Bone fractures sustained during labor or the delivery process due to medical negligence often require surgery and long recovery times to heal.

What Are Common Types of Birth Injuries Suffered by Mothers?

Birth injury lawsuits are a way for mothers who have been wrongfully injured in the birthing process to get the compensation they deserve, as well as hold negligent healthcare providers accountable for their actions.

Birth injuries suffered by mothers can include:

• Uterine rupture: A tear in the uterine wall that can lead to serious complications, such as infection and hemorrhage.
• Perineal tears/lacerations: Tearing or laceration of tissues between the vagina and rectum during childbirth due to excessive stretching or pressure from the baby’s head during delivery.
• Postpartum hemorrhage (PPH): Heavy bleeding after birth caused by blood vessels not constricting properly, often caused by medical negligence or mishandling of instruments during delivery.
• Infection: An infection may occur when bacteria enter the mother's body through her vagina, cervix, uterus, fallopian tubes, or other incisions made during labor and delivery and can cause sepsis if left untreated.
• Sepsis: Severe infection leading to organ failure; often caused by an untreated infection that starts with a minor wound sustained during labor and birth process; requires intensive monitoring and treatment by medical professionals to prevent worst-case scenarios from occurring.

Signs of a Birth Injury

Immediate signs of a birth injury can include:

• Immediate need for breathing assistance or cardiopulmonary resuscitation
• Initiation whole-body cooling upon transfer to the NICU
• Low Apgar scores
• Body stiffness or loose limbs because of muscle tone problems
• Seizures
• Constant, inconsolable crying

In many cases, a baby won’t show symptoms of a birth injury until months later. For instance, if your baby experiences cerebral palsy, you typically won’t know until they reach specific developmental milestones. You should be careful to track your baby’s progress as they get older. If they miss milestones or exhibit muscle tone problems, you should be sure to have a doctor diagnose them.

When Can a Birth Injury Claim Be Filed?

When a newborn suffers a birth injury due to medical negligence, the parents have the legal right to seek justice on their child's behalf by filing a lawsuit. Through legal action, families can pursue compensation for various damages, including medical expenses, ongoing care, therapy, pain and suffering, and other financial challenges caused by the injury. 

This process not only helps alleviate the financial burden if the lawsuit is successful but also holds accountable the healthcare providers or institutions whose negligence caused the harm and hardship. Families in Texas seeking legal guidance after a birth injury should always work with an experienced attorney to understand their rights, prepare a strong case, and work toward securing the support and justice their child deserves.

Who Might Be Liable for a Birth Injury?

Medical providers are typically the defendants or liable parties in a birth injury lawsuit, such as:

• Obstetricians and gynecologists: Obstetricians and gynecologists (OB-GYNs) are responsible for monitoring the health of both the mother and the fetus throughout pregnancy and identifying potential complications. Negligence or errors on the part of OB-GYNs can lead to severe birth injuries. For instance, failure to diagnose conditions such as preeclampsia or gestational diabetes, improper use of delivery instruments like forceps or vacuum extractors, and delayed decisions for emergency C-sections can all result in harm to the newborn. When such negligence occurs, OB-GYNs can be held legally accountable for the injuries suffered by the child and/or mother.
• Nurses and midwives: Nurse and midwife responsibilities include monitoring vital signs, administering medications, and assisting with the delivery. Mistakes made by nurses and midwives can contribute to birth injuries. For example, improper monitoring of fetal heart rates, failure to recognize signs of distress, or incorrect administration of medications can all lead to adverse outcomes.
• Anesthesiologists: Anesthesiologists may assist during childbirth in cases where epidurals or other forms of anesthesia are administered. Errors made by anesthesiologists can have serious consequences for both the mother and the child. Incorrect dosage, improper placement of the epidural needle, or failure to monitor the mother's vital signs can lead to complications such as oxygen deprivation, which can cause birth injuries.
• Hospitals: Hospitals and medical facilities are responsible for providing a safe environment for childbirth, such as keeping adequate staffing, maintaining proper hygiene protocols, and having the necessary equipment to handle emergencies. The same is true of emergency rooms and birthing centers that also admit patients who are going into labor. When hospitals fail to meet these standards, they can be held liable for birth injuries that occur as a result.

What Damages Can Be Recovered in Birth Injury Cases?

Often, birth injuries require extensive, ongoing medical treatment; in some cases, the injured child may need lifelong care. Some injuries, such as cerebral palsy, will permanently affect the child’s quality of life.

At Maloney Law Group, P.L.L.C., we understand just how devastating birth injuries often are, as well as the immense physical, emotional, and financial impact they have on entire families. Our goal is to recover the maximum compensation you and your child deserve so that you can get the right care and special treatments without worrying about your financial situation.

Depending on the specifics of your birth injury case, you may be able to demand the following damages:

• Current and future medical expenses
• Pain and suffering
• Lost/reduced quality of life
• Lost income/wages
• Reduced or lost earning capacity
• Future lost earnings
• Disfigurement
• Inconvenience
• Emotional distress and trauma
• Funeral/burial expenses

Our attorneys can meet with you to discuss your potential case. We do not collect any attorneys’ fees unless we recover compensation on your behalf.

Call Our San Antonio Birth Injury Lawyers Today

Maloney Law Group, P.L.L.C. provides the moral support and legal guidance you need after your child was born with a serious birth injury. When the trust you put in your medical provider is violated, especially through reckless or inept conduct, it’s only right to want to seek justice and compensation for your family. Our San Antonio birth injury attorneys understand what you are going through and are here to help you with your claim or lawsuit, every step of the way.

We are located at:  
1007 S. Alamo St.,   
San Antonio, TX 78210

Call: (210) 361-2997

Learn more about how we can fight for you and your child. Call (210) 361-2997 and request a free, confidential consultation.