Timberwood Birth Injury Attorney
Let Our Firm Help You & Your Family
Bringing a new life into the world should be a time of joy and celebration, but when birth injuries occur, it can lead to lifelong challenges for both the child and the family. At Maloney Law Group, P.L.L.C., we understand the emotional, physical, and financial toll that birth injuries can cause. Our experienced Timberwood birth injury lawyers are dedicated to helping families pursue justice and fair compensation for the harm caused by medical negligence.
Call (210) 361-2997 or contact us online today to schedule a free case evaluation.
What is a Birth Injury?
A birth injury refers to any harm or damage that a newborn suffers during the labor and delivery process. While not all birth injuries result from medical negligence, many are preventable and occur due to improper medical care. Birth injuries can range from mild, temporary conditions to severe, life-altering disabilities. The effects of a birth injury can impact a child’s physical and cognitive development, requiring long-term medical care, therapy, and special accommodations.
Some of the most common types of birth injuries include:
- Cerebral Palsy: Cerebral palsy is a neurological disorder caused by brain damage during childbirth, often resulting from oxygen deprivation. It can lead to impaired motor function, muscle stiffness, and developmental delays. The condition can vary from mild to severe and may require lifelong care.
- Erb's Palsy: Erb's palsy occurs when the nerves of the brachial plexus are damaged during delivery, often due to excessive pulling on the baby’s shoulder. This injury can result in weakness or paralysis in the affected arm, sometimes requiring surgery or physical therapy to restore function.
- Fractures: Fractures, particularly of the clavicle or collarbone, can happen when too much force is applied during delivery. While most fractures heal with time, they can still cause significant pain and discomfort for the newborn.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when the baby's brain does not receive enough oxygen during labor or delivery. This condition can lead to severe developmental delays, seizures, and long-term cognitive impairments.
- Caput Succedaneum: This refers to swelling of the baby’s scalp caused by pressure during delivery. While it is typically harmless and resolves on its own, in some cases, it can lead to more severe complications.
- Facial Paralysis: Facial paralysis can occur when forceps or vacuum extraction tools are improperly used, causing nerve damage. Depending on the severity, this condition may be temporary or permanent.
Common Causes of Birth Injuries
Birth injuries can happen for a variety of reasons, but many of them are preventable with proper medical care. Some of the most common causes of birth injuries include:
- Improper Use of Delivery Tools: When tools like forceps or vacuum extractors are used incorrectly, they can cause serious injuries to both the mother and the baby. These tools should be used only when necessary and with great care.
- Failure to Monitor Fetal Distress: Fetal distress, such as changes in the baby’s heart rate, can signal potential complications. If medical professionals fail to monitor or respond to these signs, the baby may suffer from oxygen deprivation or other critical issues.
- Delayed C-Section: In some cases, a cesarean section (C-section) is necessary to ensure the safety of both the mother and the baby. Delaying or failing to perform a timely C-section can result in preventable injuries, including oxygen deprivation and trauma during delivery.
- Medication Errors: Improper administration of medication during labor, such as incorrect doses of Pitocin (a drug used to induce labor), can lead to excessive contractions, causing harm to the baby or mother.
- Prolonged Labor: Prolonged or difficult labor can increase the risk of birth injuries, especially if medical intervention is not provided in a timely manner. Babies can suffer from oxygen deprivation, physical trauma, or infections due to extended labor periods.
Who is Liable for a Birth Injury?
Determining liability in a birth injury case can be complex. Multiple parties may be held responsible, depending on the circumstances of the injury. Potentially liable parties include:
- Doctors: Doctors, including obstetricians and attending physicians, are often responsible for monitoring the mother and baby throughout pregnancy and delivery. If they fail to act according to accepted medical standards, they may be held liable for the injury.
- Nurses and Medical Staff: Nurses, midwives, and other medical staff involved in the labor and delivery process are also responsible for providing competent care. Errors or negligence on their part can contribute to birth injuries.
- Hospitals: Hospitals have a duty to ensure that their staff is properly trained and that their equipment is functioning correctly. If inadequate staffing, faulty equipment, or poor facility conditions contribute to a birth injury, the hospital may be held liable.
- Pharmaceutical Companies: If a birth injury is caused by a medication error or a defective drug used during labor, the pharmaceutical company that manufactured or supplied the drug may be held accountable.
Why Choose Us?
If your child has suffered a birth injury, you do not have to face the aftermath alone. At Maloney Law Group, P.L.L.C., our Timberwood birth injury lawyers are dedicated to helping families seek the justice and compensation they deserve. We will thoroughly investigate your case, consult with medical experts, and pursue every legal avenue available to hold the responsible parties accountable.
Our team understands the financial and emotional challenges that come with a birth injury, and we will work tirelessly to secure compensation for medical expenses, long-term care, pain and suffering, and other damages.
Contact us today at (210) 361-2997 to let our firm help you and your family.
What Makes Maloney Law Group, P.L.L.C. Unique?
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We have been a part of the San Antonio Community for decades.
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You will receive personalized and dedicated attention.
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We are equipped to handle the most complex cases.
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We have earned a reputation for relentless advocacy.
Our Settlements & Verdicts
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$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
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$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
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$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
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$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
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$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
Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.