Questions about Birth Injuries

What are birth injuries?

A birth injury is physical trauma to a newborn that arises during labor or delivery. Birth injuries can be catastrophic when the injury damages a newborn’s brain or nerves.

The most common birth injuries include:

  • Cerebral palsy
  • Erb’s palsy
  • Bone fractures
  • Facial paralysis
  • Brain damage from lack of oxygen
  • Skull fractures

These injuries can cause your child to face serious cognitive, behavioral, and physical challenges.

What causes birth injuries?

Birth defects can result if the mother is taking certain dangerous drugs without being informed of the possibility of birth defects. Birth injuries are typically preventable and caused by improper delivery techniques or a failure to respond to certain emergencies in the labor and delivery process. Although there are many ways a birth injury can arise, some of the most common causes are:

  • Improper use of forceps or vacuum devices during delivery.
  • Failure to perform a C-section, or a delayed C-section, in response to certain situations, such as a large baby that cannot be safely delivered vaginally.
  •  Proper techniques are not used to respond to common birth complications, such as the baby’s shoulder becoming stuck behind the mother’s pubic bone.
  • Improper use of medications or wrong medications administered.
  • Failure to provide proper care to the infant after delivery.
  • Failure to recognize signs of problems during labor, such as signs of fetal distress.

A birth injury may be considered medical malpractice when a doctor, nurse, anesthesiologist or other healthcare worker is careless or negligent in providing care.

Who is liable for my child’s birth injury?

If medical negligence caused your newborn’s injury, a member of your labor and delivery team may be liable. When a doctor, nurse ,or other health professional deviates from standards of care accepted by the medical community, then the person’s conduct may be considered negligent, and he or she may be held responsible for your newborn’s birth injury.

What should I do if my child appears to have suffered a birth injury?

If you think your child has suffered a birth injury as a result of medical malpractice, you should contact our birth injury lawyers in Greenville right away. A child’s birth injury can place emotional stress on your family and cause you to suffer greatly. You may be facing expensive medical bills for your newborn’s treatment. If the injury will cause lifelong debilitation, you will be facing many years of medical bills and other expenses. Our attorneys will fight aggressively to recover the compensation you deserve.

If you suspect your child has suffered a birth injury resulting from medical malpractice in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, Aiken, or the surrounding South Carolina areas, please contact the experienced medical malpractice attorneys in South Carolina at McWhirter, Bellinger & Associates, P.A., or call us at 888-353-5513.



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