Birth Injuries

Sometimes babies are born with medical problems that don’t match their parents’ expectations. Sometimes it is because the baby is a victim of a birth injury that occurs during labor and delivery.

We are very familiar with the medicine, the law and the policies of hospitals all across Texas concerning the need for monitoring and possible emergency delivery of laboring moms to prevent injuries to babies. Many times these injuries are preventable if hospitals only ensured that safety policies were followed by their labor nurses, midwives and doctors.

Cerebral Palsy from Birth Injury

Cerebral palsy is a permanent motor disorder caused by brain damage during fetal development or birth. When caused by medical negligence, families have the right to pursue justice.

Common causes of preventable cerebral palsy:

• Failure to detect fetal distress during labor
• Delayed emergency C-section delivery
• Improper use of forceps or vacuum extraction
• Lack of oxygen to the baby's brain
• Unmanaged infections during pregnancy

Learn more about brain injuries →

Hypoxic-Ischemic Encephalopathy (HIE)

HIE occurs when the baby's brain doesn't receive adequate oxygen and blood flow during labor and delivery. This is one of the most serious birth injuries and a leading cause of childhood disability.

Signs a baby may have HIE:

• Poor muscle tone (floppy baby)
• Difficulty feeding or swallowing
• Seizures within the first 24-72 hours
• Excessive irritability or lethargy
• Abnormal reflexes

Brachial Plexus Injuries (Erb's Palsy)

Brachial plexus injuries occur when the nerves that control the arm are stretched or torn during delivery. Erb's palsy affects the shoulder, arm, and hand.

When is Erb's palsy a sign of negligence?

• Improper use of forceps or excessive traction
• Failure to manage shoulder dystocia (baby's shoulder stuck)
• Pulling the baby's head away from the body during delivery
• Rough or aggressive delivery techniques

Shoulder Dystocia & Delivery Trauma

Shoulder dystocia occurs when a baby's shoulder gets stuck behind the mother's pubic bone during delivery. While rare, how doctors respond determines if the baby is harmed.

Medical negligence in shoulder dystocia:

• Failure to recognize and manage the complication
• Excessive force or improper maneuvering
• Lack of proper training on emergency maneuvers
• Failure to call for assistance from pediatrics or surgery

Explore childbirth complications →

Monitoring Failures & Delayed C-Sections

Modern hospitals have fetal monitoring technology that alerts doctors to distress. When hospitals fail to act on concerning signs, babies suffer preventable injuries.

Common monitoring negligence includes:

• Misinterpreting fetal heart rate patterns
• Failing to notify the doctor of abnormal tracings
• Delay in performing emergency C-section
• Understaffing that prevents proper monitoring
• Failure to use electronic fetal monitoring at all

Infection-Related Birth Injuries

Infections like Group B Streptococcus (GBS) and chorioamnionitis can cause serious harm if not properly managed during pregnancy and delivery.

Preventable infection-related harms:

• Failure to test for GBS during pregnancy
• Failure to administer antibiotics during labor
• Missed diagnosis of chorioamnionitis (infected amniotic sac)
• Delayed delivery when infection is present
• Improper care for baby with suspected infection