The birth of a child should be one of the most joyful and life-affirming moments in a family’s life. But when a preventable injury occurs during labor or delivery, that joy can quickly turn into devastation. A mistake made in the delivery room can lead to long-term physical, emotional, and financial consequences for both the newborn and the family.
At McWhirter, Bellinger & Associates, we understand the pain and uncertainty families experience when a child is harmed due to medical negligence. Our experienced labor and delivery injury attorneys fight on behalf of South Carolina families to hold healthcare providers accountable and pursue justice for birth-related injuries.
What Is a Labor and Delivery Injury?
A labor and delivery injury is any harm caused to the baby or mother during the birthing process. While some injuries may occur despite the best medical care, others result from medical negligence, when doctors, nurses, or other healthcare providers fail to follow accepted standards of care before, during, or immediately after childbirth.
These mistakes can have lifelong consequences. In many cases, timely intervention could have prevented or significantly reduced the harm.
Common Types of Labor and Delivery Injuries
Labor and delivery injuries can affect both the baby and the mother. Below are some of the most common injuries associated with negligent care during childbirth:
For the Baby:
- Brachial Plexus Injuries (Erb’s Palsy): Damage to the nerves controlling the arm and shoulder, often caused by excessive pulling during delivery.
- Cerebral Palsy:Â A neurological disorder resulting from brain damage, often due to lack of oxygen during delivery.
- Facial Paralysis: Caused by pressure on the baby’s face during labor or the improper use of forceps or vacuum extractors.
- Fractured Bones:Â Particularly the clavicle or collarbone, often due to rough or rushed delivery techniques.
- Oxygen Deprivation (Hypoxia):Â Can cause severe brain injury, developmental delays, or even death.
- Intracranial Hemorrhage:Â Bleeding in or around the brain, often linked to trauma during birth.
For the Mother:
- Uterine Rupture:Â A rare but life-threatening condition that may occur during a vaginal birth after cesarean (VBAC).
- Hemorrhaging:Â Excessive bleeding that can lead to organ damage or maternal death if not managed promptly.
- Infections:Â Often due to improper hygiene, delayed C-section decisions, or failure to monitor vital signs.
- Anesthesia Errors:Â Including epidural complications or improperly administered pain relief during labor.
Causes of Preventable Labor and Delivery Injuries
Not all birth complications are avoidable, but many occur due to human error or system failures. Common causes include:
- Failure to monitor fetal distress
- Delayed decision to perform a C-section
- Improper use of forceps or vacuum extraction
- Failure to respond to maternal complications
- Mismanagement of high-risk pregnancies
- Inadequate staffing or supervision
- Miscommunication between medical personnel
When these mistakes occur, they may be considered medical malpractice under South Carolina law.
Who Can Be Held Liable?
Depending on the circumstances, several parties may be responsible for labor and delivery injuries, including:
- Obstetricians or attending physicians
- Nurses and delivery room staff
- Anesthesiologists
- Midwives or birthing center staff
- Hospitals or medical facilities
At McWhirter, Bellinger & Associates, we thoroughly investigate each case to determine who was responsible and build a compelling claim on your behalf.
What Must Be Proven in a Birth Injury Case?
To establish medical malpractice in a labor and delivery injury case, your attorney must prove the following:
- A provider-patient relationship existed.
- The provider owed a duty of care based on accepted medical standards.
- The provider breached that standard through negligent actions or inaction.
- The breach directly caused injury to the mother or baby.
- The injury resulted in damages, such as medical costs, disability, or emotional suffering.
We work with top medical experts to analyze records, interpret fetal monitoring data, and testify about how the provider’s actions deviated from accepted standards.
Damages Available in Labor and Delivery Injury Cases
A successful medical malpractice claim can help recover compensation for a wide range of economic and non-economic losses, including:
Economic Damages:
- Medical bills, including neonatal intensive care, surgery, and follow-up care
- Rehabilitation and therapy costs
- Home health care or special education expenses
- Lost future earnings (for both the child and parents)
- Assistive devices and adaptive technologies
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Permanent disfigurement or disability
- Loss of consortium or companionship
In tragic cases involving maternal or neonatal death, the family may also pursue a wrongful death claim.
How Our Labor and Delivery Injury Attorneys Can Help
At McWhirter, Bellinger & Associates, we understand how difficult it is to face a birth injury diagnosis. Our team is here to provide the compassion and strength families need to navigate this painful experience.
When you hire our firm, we will:
- Provide a free, confidential consultation
- Review all medical records and delivery room reports
- Consult with experienced medical professionals
- Identify all liable parties
- Calculate the full value of your damages
- Pursue a settlement or take your case to trial, if necessary
We operate on a contingency fee basis, which means you pay nothing unless we recover money for you.
Contact McWhirter, Bellinger & Associates Today
If your family is dealing with the consequences of a birth injury, you deserve answers, and you may be entitled to compensation. Let our skilled labor and delivery injury attorneys fight for the justice your family deserves.
We have seven offices across the Midlands of South Carolina and are proud to help families throughout the state. Your child’s future matters. Let us help you protect it.
Call McWhirter, Bellinger & Associates today. It won’t cost you anything to see if we can help.®
