San Antonio Birth Injury Lawyers
Birth Injury Lawsuits
Some of the saddest medical malpractice cases are those in which an infant is harmed during the birthing process. These injuries can be sustained in the child's body, caused by unnecessary rough handling, or in the child's brain, which may be damaged for life. In the worst cases, the child or mother dies. Knowing that these tragedies occurred due to the negligence of trusted health care providers is almost too much to bear.
At Maloney Law Group, P.L.L.C., we hold medical providers in the highest respect for their dedication and the good work they do. But when providers fail to meet an expected level of quality care, it is right for the people responsible to share in the loss.
If your child was injured during the birthing process 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—and our San Antonio birth injury attorneys can help.
On This Page
- How Do Birth Injuries Happen?
- Common Causes
- Common Injuries to Infants
- Common Injuries to Mothers
- Types of Birth Injury Cases We Handle
- Damages You Can Recover
- Representing Injured Mothers, Children & Their Loved Ones
When a Child's Birth Goes Catastrophically Wrong, We Can Help
Contact us online or call (210) 361-2997 to request a consultation with our team.
How Do Birth Injuries Happen?
Most medical providers are highly skilled, caring individuals who draw on their training and experience to provide the level of treatment and care we have come to expect. Unfortunately, some medical professionals fail to uphold this standard of care. When obstetricians, nurses, midwives, and doctors make mistakes or act negligently, the consequences can be devastating.
While some birth defects and injuries are the result of uncontrollable factors, including genetics and environmental conditions, others are entirely preventable. 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.
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 team 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. Birth injuries range from mild complications that require minimal treatment to severe cases that may result in lifelong disabilities or even death.
Some of the most common birth injuries include but are not limited to:
- Brachial Plexus Injury: Damage to the nerves of the shoulder, arm, and hand caused by excessive stretching.
- 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.
- Facial Paralysis / Nerve Injuries: Weakness or paralysis on one side of the face due to damage to facial nerve branches.
- Fetal Stroke/Brain Injury: 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 in Brain: Bleeding within brain tissue due to trauma during the delivery process resulting in serious consequences for the infant’s health and development.
- Skull Fractures & Broken Bones: Bone fractures sustained during labor or the delivery process due to medical negligence; often requires surgery and long recovery times in order to fix.
In all cases of birth injury, it is important to seek legal help if negligence or wrongdoing is suspected on the part of a healthcare provider. With the right support and guidance from experienced birth injury attorneys, families can get the justice they deserve by filing a lawsuit against those responsible for their child’s suffering.
What Are Common Types of Birth Injuries Suffered by Mothers?
In the age of modern medicine, no mother should have to suffer a severe injury during childbirth. Yet medical negligence can lead to birth injuries that cause immense physical and emotional trauma for 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 health care providers accountable for their actions.
Some of the injuries mothers may suffer due to medical errors or neglect include but are not limited to:
- 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 process.
- Infection: An infection may occur when bacteria enters the mother's body through her vagina, cervix, uterus, fallopian tubes or other incisions made during labor and delivery; can cause sepsis if left untreated resulting in death for mother and baby alike.
- 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.
At Maloney Law Group, P.L.L.C., we understand how difficult it is to go through this kind of traumatic experience, and our San Antonio birth injury attorneys are here to provide compassionate legal assistance throughout your case.
Types of Birth Injury Cases We Handle
At Maloney Law Group, P.L.L.C., we have the knowledge, experience, and resources to see your case through to a successful conclusion, including going to trial.
Our firm handles birth injury cases throughout Texas involving:
- Cerebral palsy
- Erb's palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Oxygen deprivation
- Brain injuries
- C-section delivery errors
- Umbilical cord compression
- Shoulder dystocia
- Ruptured uterus
- Uterine hyperstimulation
- Pitocin administration errors
This is not an exhaustive list; if you, your child, or the mother of your child suffered any type of injury due to a medical provider’s negligence, reach out to our firm to learn how we can help.
What Damages Can Be Recovered in Birth Injury Cases?
Sadly, a serious birth injury can result in long-lasting consequences for the child and his or her family. Often, these 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 these situations are, as well as the immense physical, emotional, and financial impact birth injuries have on families. Our goal is to recover the maximum compensation you and your child deserve so that you can ensure he or she gets the medical treatment and ongoing care he or she needs.
Depending on the specifics of your birth injury case, you may be entitled to compensation for 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
- 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.
Representing Injured Mothers, Children & Their Loved Ones
Mothers can be injured in the birth process, too. It is possible that a mother was given the wrong drugs, misdiagnosed, or denied the proper treatment until it was too late. The results can be profoundly damaging and sometimes fatal. The mother and her baby may require extensive therapy, surgery, in-hospital equipment, and long-term home care. When any of these conditions occur, parents seek answers. Maloney Law Group, P.L.L.C. provides the support you need during this difficult time.
We put our trust in our doctors and other providers. When this trust is violated, especially through reckless or inept conduct, justice must be sought. Our San Antonio birth injury attorneys understand what you are going through and are here to help you through this.
Learn more about how we can fight for you by calling (210) 361-2997.
Birth Injury $7,620,000
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
Birth Injury $7,000,000
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
Birth Injury $5,750,000
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
Construction Accident Death $3,600,000
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
Failure to timely diagnose aortic clot causing paralysis (2023) Contingency Fee: $1,380,000.00 Reimbursable Expenses: $274,988.73 Net to Client: $1,795,011.27
Trucking Accident $3,000,000
Trucking accident resulting in death (2015) Contingency Fees: $1,000,000.00 Case Expenses: $93,455.68 Net to Client $1,906,544.32
Surgical Error $2,845,730.83
Surgical errors resulting in drop foot (2022) Contingency Fee: $1,138,292.33 Reimbursable Expenses: $51,291.24 Net to Client: $1,656,147.26
Brain Aneurysm $1,820,000
Failure to diagnose ruptured brain aneurysm in the Emergency Department resulting in serious injury (2020) Contingency fee: $712,090.00 Reimbursable expenses: $157.285.61 Net to client: $950,624.39
Back Surgery Paralysis $1,600,000
Negligence during back surgery resulting in paralysis (2014) Contingency Fee: $640,000.00 Case Expenses: $170,000.00 Net to Client: $790,000.00
Bowel Leak (2023) $1,440,033
Failure to treat bowel leak resulting in a colostomy and drop foot Contingency Fee: $576,013.41 Reimbursable Expenses: $90,033.53 Net to Client: $773,986.60
What Makes Maloney Law Group Unique?
- 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.
Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.(210) 361-2997