Bringing a new life into the world is meant to be a moment of profound joy and celebration. But when something goes wrong during labor, delivery, or the critical hours following birth, that joy can turn to heartbreak, especially when the injury was preventable. Neonatal birth injuries can have lasting consequences for infants and their families, ranging from minor bruising to lifelong disability or even death.
If your newborn has suffered an injury you suspect was caused by a medical mistake, you may have the right to pursue justice through a birth injury claim. At McWhirter, Bellinger & Associates, our experienced neonatal birth injury attorneys help South Carolina families understand their legal rights and recover the compensation needed to care for their children.
What Is a Neonatal Birth Injury?
A neonatal birth injury refers to harm that occurs to a baby during labor, delivery, or the first 28 days of life. Some injuries are minor and heal on their own, but others are serious and can lead to permanent physical, neurological, or developmental challenges.
While not every birth injury is caused by negligence, many occur because a healthcare provider failed to follow established medical standards during critical moments. When that happens, the hospital, doctor, or nurse may be held legally responsible.
Common Neonatal Birth Injuries
Birth injuries can result from trauma during delivery, lack of oxygen, infection, or improper handling of the baby immediately after birth. Some of the most common neonatal injuries include:
Brachial Plexus Injuries (Erb’s Palsy)
Nerve damage to the baby’s shoulder and arm, often caused by excessive pulling or shoulder dystocia during delivery.
A neurological condition caused by brain damage, often resulting from oxygen deprivation (anoxia or hypoxia) during or after birth.
- Skull Fractures or Intracranial Hemorrhage
Head trauma during delivery, especially with forceps or vacuum extraction, can cause bleeding or fractures.
- Facial Paralysis
Pressure on facial nerves during labor may result in weakness or lack of movement in the baby’s face.
- Fractured Clavicle (Collarbone)
A common birth injury, sometimes occurring when providers apply excessive force to deliver a stuck baby.
- Oxygen Deprivation
Delayed recognition of fetal distress or umbilical cord problems can result in brain damage or organ failure.
- Seizures or Neurological Disorders
These can result from brain trauma, infection, or complications such as untreated jaundice or maternal infections.
Causes of Neonatal Birth Injuries
Preventable birth injuries are most often caused by errors in judgment or delayed responses by medical professionals. Common causes of neonatal injury include:
- Failure to monitor fetal heart rate
- Delayed decision to perform a cesarean section
- Improper use of forceps or vacuum extractors
- Mishandling umbilical cord complications
- Failure to diagnose or treat maternal infection
- Delayed resuscitation after delivery
- Inadequate monitoring in the neonatal intensive care unit (NICU)
Every provider in the delivery room has a responsibility to act promptly and appropriately. When they don’t, the consequences can be lifelong.
Signs That a Neonatal Injury May Be Malpractice
Not all complications at birth are avoidable, but certain red flags may indicate that a neonatal injury was caused by negligence:
- Your baby was not breathing at birth and required resuscitation
- There were long delays between recognizing fetal distress and performing a C-section
- Labor was prolonged or complicated without appropriate intervention
- Your baby showed signs of seizures or brain damage shortly after birth
- You were told that “something went wrong” but weren’t given clear answers
If you’ve heard conflicting information from your doctors, or none at all, it may be time to speak with a qualified birth injury attorney.
Who Can Be Held Liable?
One or more healthcare providers may be responsible for a neonatal injury, depending on the situation. Potentially liable parties include:
- Obstetricians or delivery doctors
- Nurses or midwives who failed to monitor or respond appropriately
- Anesthesiologists involved in pain management or C-section procedures
- Pediatricians or neonatologists in charge of newborn care
- Hospitals or birthing centers, if their policies, staffing, or equipment were inadequate
At McWhirter, Bellinger & Associates, we conduct a thorough investigation into what went wrong and who may be legally responsible.
What Can You Recover in a Birth Injury Lawsuit?
The costs of caring for a child with a birth injury can be overwhelming. A successful malpractice claim can help your family obtain the resources needed to provide care and improve your child’s quality of life.
You may be entitled to compensation for:
Economic Damages:
- Neonatal intensive care and hospitalization
- Surgeries and long-term medical care
- Physical, occupational, and speech therapy
- Special education and adaptive equipment
- Loss of future earning potential
- Modifications to your home or vehicle
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Permanent disability or disfigurement
- Loss of companionship
If negligence led to the death of a newborn, families may also pursue a wrongful death claim for funeral costs, grief, and future losses.
Proving a Neonatal Birth Injury Case
To bring a medical malpractice claim in South Carolina, your attorney must demonstrate that:
- A provider-patient relationship existed
- The provider owed a duty of care
- The provider breached that duty by failing to meet accepted medical standards
- The breach directly caused injury to your baby
- The injury resulted in significant damages
These cases often require expert medical testimony, detailed review of labor and delivery records, and careful analysis of the timeline and decisions made by the medical team.
Why Choose McWhirter, Bellinger & Associates?
We understand that navigating a neonatal birth injury can feel overwhelming. You may be grieving, exhausted, and unsure where to turn. At McWhirter, Bellinger & Associates, our attorneys bring not only legal expertise, but compassion and dedication to every case.
We offer:
- Free, confidential consultations
- Contingency fee representation (you pay nothing unless we win)
- Access to leading medical experts
- Personalized, family-centered legal care
- Seven convenient offices across South Carolina’s Midlands
You deserve answers. Your child deserves justice. We’re here to help you pursue both.
Contact a South Carolina Neonatal Birth Injury Attorney Today
If your baby suffered a preventable injury before, during, or shortly after birth, you don’t have to face this alone. Let our experienced team help you find the truth, secure your child’s future, and hold negligent medical providers accountable.
Call McWhirter, Bellinger & Associates today. It won’t cost you anything to see if we can help.®
