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Birth Injuries

Olmos Park Birth Injury Lawyers

Has Your Newborn Child Suffered Injury Due to Medical Negligence?

The birth of a child is supposed to be a time of joy and celebration. However, when something goes wrong during childbirth, and a baby suffers a birth injury, the consequences can be devastating for families. If your child has suffered from a birth injury, you may be facing extensive medical care, emotional distress, and financial burdens. Maloney Law Group, P.L.L.C., is here to help families in Olmos Park, TX, who are affected by birth injuries. Our experienced team understands the complexities of these cases and is dedicated to advocating for the compensation and justice you deserve.

To schedule a free consultation, contact us today at (210) 361-2997.

What is a Birth Injury?

A birth injury refers to physical harm or trauma sustained by a newborn during the birthing process. While some minor injuries may heal on their own, others can result in lifelong disabilities, requiring ongoing medical care, therapy, and support. Birth injuries can affect the brain, muscles, bones, or nerves, and in severe cases, can even lead to death. It's important to distinguish birth injuries from congenital conditions, which are present before birth. Birth injuries typically result from complications during labor and delivery, which may be preventable with proper medical care.

Some common types of birth injuries include:

  • Cerebral Palsy: Often caused by a lack of oxygen to the brain during labor, cerebral palsy affects motor skills, coordination, and muscle tone. It can lead to lifelong disabilities.
  • Erb's Palsy: This occurs when the nerves in the baby's shoulder (brachial plexus) are damaged during delivery. It can result in partial or complete paralysis of the arm.
  • Fractures: Difficult or traumatic deliveries can lead to broken bones, most commonly fractures of the clavicle or collarbone.
  • Brain Damage: Oxygen deprivation or physical trauma during childbirth can result in brain damage, leading to intellectual disabilities, developmental delays, or other cognitive impairments.
  • Facial Nerve Damage: Excessive pressure on the baby's face during delivery can cause damage to the facial nerves, resulting in temporary or permanent facial paralysis.
  • Hypoxic-Ischemic Encephalopathy (HIE): This condition occurs when the baby's brain does not receive enough oxygen or blood flow during birth. It can result in severe cognitive and developmental issues.

Common Causes of Birth Injuries

Birth injuries are often preventable, and they usually occur as a result of medical negligence or errors during the labor and delivery process. Some of the most common causes of birth injuries include:

  • Delayed Cesarean Section (C-Section): If a doctor fails to order a timely C-section in cases of prolonged labor or fetal distress, the baby may suffer from oxygen deprivation or other complications that lead to birth injuries.
  • Misuse of Forceps or Vacuum Extractor: These tools are sometimes used to assist in delivery, but improper use can cause physical trauma to the baby, including fractures, nerve damage, or brain injuries.
  • Failure to Monitor Fetal Distress: Medical professionals are responsible for monitoring the baby's vital signs during labor. Failure to recognize or respond to signs of fetal distress, such as an irregular heartbeat, can result in oxygen deprivation and brain damage.
  • Improper Use of Medications: The use of certain medications during labor, such as inducing drugs like Pitocin, must be carefully managed. Misuse can lead to excessive contractions, increasing the risk of injury to both the baby and mother.
  • Prolonged Labor: When labor takes too long, it increases the risk of complications, such as oxygen deprivation, that can result in serious birth injuries.
  • Excessive Force During Delivery: In some cases, the medical team may apply too much force during the delivery, particularly when dealing with shoulder dystocia or a breech birth, causing damage to the baby's nerves, bones, or brain.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case can be complex, as multiple parties may be responsible. In most cases, liability will fall on the medical professionals involved in the labor and delivery, including:

  • Doctors: Obstetricians, gynecologists, and other physicians responsible for monitoring and managing the pregnancy and delivery may be liable if their negligence leads to a birth injury.
  • Nurses: Nurses assisting during labor are tasked with monitoring the baby and mother's condition. If they fail to report signs of distress or make other critical errors, they may be held accountable.
  • Hospital: The hospital itself may also be held liable if it fails to provide adequate staffing, properly train its employees, or maintain the necessary equipment to ensure safe childbirth.
  • Anesthesiologists: In some cases, mistakes made during the administration of anesthesia can lead to birth injuries. Anesthesiologists may be held liable if their actions contribute to the harm of the baby.

Why Choose Us?

At Maloney Law Group, P.L.L.C., we understand the emotional and financial toll a birth injury can have on a family. Our experienced Olmos Park birth injury lawyers are committed to holding negligent medical professionals accountable and fighting for the compensation you need to care for your child. Compensation in a birth injury case may cover:

  • Medical expenses, including past and future medical treatments
  • Physical therapy, occupational therapy, and other rehabilitation services
  • Costs associated with long-term care
  • Pain and suffering for both the child and family
  • Lost wages, if a parent must leave work to care for the child
  • Punitive damages, in cases of particularly egregious negligence

Call (210) 361-2997 or contact us online today to learn how we can help you and your family.

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What Makes Maloney Law Group, P.L.L.C. Unique?

  • Family History

    We have been a part of the San Antonio Community for decades.

  • Boutique Law Firm

    You will receive personalized and dedicated attention.

  • Experienced & Prepared

    We are equipped to handle the most complex cases.

  • Reputation for Success

    We have earned a reputation for relentless advocacy.

Our Settlements & Verdicts

  • $7,620,000 Birth Injury

    Birth injury involving hypoxic-ischemic encephalopathy (2022) Contingency Fee: $3,048,000.00 Reimbursable Expenses: $161,503.71 Net to Client: $4,410,496.29

  • $7,200,000 Birth Injury

    Birth injury involving hypoxic-ischemic encephalopathy (2023) Contingency fee: $2,880,000 Reimbursable expenses: $179,405.64 Net to client: $4,166,466.64

  • $7,000,000 Birth Injury

    Birth injury involving hypoxic ischemic encephalopathy (2020) Contingency Fee: $2,800,000.00 Reimbursable Expenses: $75,578.00 Net to Client: $4,124,421.00

  • $5,750,000 Birth Injury

    Birth injury involving hypoxic ischemic encephalopathy (2014) Contingency Fee: $1,786,738.72 Reimbursable Expenses: $170,000.00 Net to Client: $3,396,261.28

  • $3,600,000 Construction Accident Death

    Dangerous work conditions resulting in death (2015) Contingency Fee: $1,440,000.00 Case Expenses: $125,000.00 Net to Client: $2,035,000.00

Do Not Let an Injury Set You Back (210) 361-2997

Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.