Critical Consequences: Medical Mistakes During Birth Could Lead to Lifelong Baby Injuries

Any mistake made by the doctors, nurses, or other medical staff could cause serious injuries for the remainder of the baby’s life. Birthing mothers can also have lifelong physical and emotional issues stemming from an avoidable birth issue. If your doctor or other medical professional made a mistake during the birth of your child, it is important to work with an experienced San Antonio birth injury lawyer who can help you hold the negligent doctor or medical professional accountable for his or her actions. At the Law Offices of Glenn W. Cunningham, we have over 30 years of experience handling cases involving birth injuries and birth defects.

Medical Mistakes During Delivery Types of Birth Injuries

Because childbirth is such a medically complex process, the doctor and hospital nurses must carefully follow all applicable standards of care and respond appropriately to any issues that come up for mother or baby. Any mistake could cause serious injuries or health conditions including:

  • Birth asphyxia: Perinatal asphyxia, neonatal asphyxia or birth asphyxia -- these are conditions that result from deprivation of oxygen for a newborn during birth causing physical harm and possible brain damage.
  • Deficient placenta misdiagnosis: A deficient placenta results in the inability to supply nutrients and oxygen to the infant from the mother’s bloodstream. It leads to health issues for both the infant and mother that can usually be avoided with early diagnosis.
  • Cerebral Palsy: Cerebral palsy (CP) is a type of brain damage that can result in severe and incurable mental and physical impairment. Cerebral palsy is often caused by medical errors, such as asphyxia before birth, hypoxia of the brain, birth trauma during labor and delivery, and complications in the perinatal period.
  • Shoulder dystocia: Shoulder dystocia occurs during childbirth when, after the delivery of the baby’s head, the infant’s anterior shoulder cannot pass below the mother’s pubic bone. It is diagnosed when the shoulders fail to deliver shortly after the fetal head. Shoulder dystocia is an obstetrical emergency that can lead to fetal demise if the infant is not delivered quickly and carefully due to compression of the umbilical cord within the birth canal.
  • Hydrocephalus: Also known as “water on the brain,” hydrocephalus is the buildup of too much fluid in the brain, which causes harmful pressure.
  • Erb’s Palsy: Erb’s Palsy is a common and very serious brachial plexus injury that may result from a shoulder dystocia presentation. Shoulder dystocia can result in a partial or complete paralysis of the arm that may be permanent.
  • Brachial plexus: Brachial plexus birth injuries are one of the most serious birth injures that can occur. Brachial plexus injuries occur when the baby’s head comes out of the womb and the shoulder gets caught on the mother’s pubic bone. Doctors usually have less than five minutes to resolve the emergency, and if they fail to correct the situation within that time, the result can be paralysis (typically arm paralysis), brain injury, or death.
  • Hypoxia: Birth hypoxia occurs when the brain is deprived of oxygen. Hypoxia happens during pregnancy or delivery and often results in brain damage. It often contributes to cerebral palsy and other disabilities and can lead to infant death. Many parents do not realize the extent of their child’s brain damage until developmental delays become apparent. Children who have suffered hypoxia experience severe physical, mental and emotional problems, which require accommodations.
  • Preeclampsia: A common issue, preeclampsia involves high blood pressure and can lead to damage to the liver and kidneys. Beginning sometime after 20 weeks of pregnancy, a slight rise in blood pressure could be a symptom of this issue. Preeclampsia often results in serious and possibly fatal complications for the mother and child, which is why early detection is absolutely necessary.
  • Delayed C-Section: In many cases, delivery must take place immediately in order to protect the health of mother and child. Some common reasons for a C-Section include diabetes, active genital herpes, uterine ruptures, breech infant, and fetal distress, among others. If a C-Section is delayed or takes too long, it increases the risk of birth injury or death.
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Why choose Glenn W. Cunningham for your birth injury case?

Representing families throughout the state of Texas in medical malpractice cases, the Law Offices of Glenn W. Cunningham is a compassionate, client-centric firm that goes above and beyond for its clients. Glenn W. Cunningham is a seasoned trial lawyer who intentionally takes on a low volume of cases so he can give each client his focused, unwavering attention and demand swift justice and the maximum compensation for each individual. He has recovered tens of millions in settlements, allowing victims and their families to rebuild their lives and enjoy a more stable, reliable future despite being wronged by the healthcare industry.

Glenn W. Cunningham is on the Executive Committee of The National Trial Lawyers, is a Past President of the Texas Trial Lawyers Association, and a Past President of the San Antonio Trial Lawyers Association. Additionally, Glenn W. Cunningham was chosen as one of the Top 50 Super Lawyers in Central and West Texas, one of the Top 100 Trial Lawyers in Texas by The National Trial Lawyers, and a Top Medical Malpractice Lawyer in San Antonio by S.A. Scene. 

Close up of woman kissing a baby's forehead.

The Consequences of a Birth Injury

Birth injuries are some of the most traumatic events a parent can experience. Some injuries are readily apparent while others may not seem all that significant at birth but ultimately turn out to have devastating, long-lasting effects that will forever impact your child. The most common consequences of birth injuries include:

  • Cognitive impairment
  • Emotional impairment
  • Psychological problems
  • Neurological problems
  • Musculoskeletal problems

Contact an Experienced Texas Birth Injury Lawyer

If your doctor made a mistake during childbirth, we can help you get justice. While a financial recovery may not heal your baby, it ensures the negligent doctor is held accountable and that you have the funds you need for lifelong treatment of issues stemming from a birth injury. Contact us online or call our office to schedule your free initial consultation with an experienced San Antonio medical malpractice attorney.

Client Testimonials

I can’t say enough good things about Glenn Cunningham and his firm.

He took my case and fought for me from day one. Glenn and his staff were professional and caring. They kept me updated on all aspects of my case. We were able to go to mediation and reach a settlement that was more than fair. I would recommend Glenn to any of my friends and family. I am beyond pleased with how my case was handled and ultimately settled.


Glenn Cunningham is tough, smart, experienced.

A very deep heartfelt thank you to the whole team at the Law Offices of Glenn W. Cunningham. Glenn is tough, smart, experienced, and he will do everything in his power to make sure that you or your loved one get the best outcome possible from whatever personal tragedy you may be facing. He fought for me when no one else would. He will do the same for you.


I am grateful to Glenn Cunningham for the hard work he did

I am very pleased with the legal services provided by Glenn Cunningham. He is very competent, knowledgeable, caring, personable, and professional. If you are seeking justice for medical malpractice or wrongful death, Glenn will fight for you. He is tenacious and assertive on behalf of his clients. He also keeps you informed of the status of your case on a regular basis.


Glenn Cunningham knows his job well.

Glenn was amazing! Very knowledgeable, and Nicole, his secretary, is very helpful and knowledgeable as well. We never had a problem reaching someone at the office, and our questions were always answered promptly.


This is by far the best attorney for your malpractice case.

I wanted to thank Mr. Cunningham and his staff for there amazing work and dedication to my case and fighting for me when I couldn't. They truly were amazing and always kept my family and I updated on everything that was happening.


Common Questions About Birth Injuries

What types of damages can be recovered from a birth injury case?

Damages that can be recovered in a birth injury case may include medical expenses, future care costs, loss of earning capacity, pain and suffering, and emotional distress. Each case is unique, and the recoverable damages depend on the specific circumstances of the birth injury.

What injuries can a mother experience during birth?

Mothers can experience a range of birth injuries, including but not limited to perineal tears, uterine rupture, pelvic organ prolapse, and postpartum hemorrhage. These injuries can have significant physical and emotional impacts on the mother and may require ongoing medical treatment.

How much does a birth injury lawyer cost?

Most birth injury lawyers work on a contingency fee basis, meaning they only receive payment if they win the case. This fee is typically a percentage of the final settlement or verdict, allowing families to pursue legal action without upfront costs.

What are the common signs of a birth injury in a newborn?

Common signs of a birth injury in a newborn may include seizures, difficulty breathing, abnormal reflexes, excessive crying, and physical abnormalities such as bruising or swelling. It's essential for parents to seek medical attention if they notice any unusual symptoms in their newborn.

What legal options are available if a birth injury occurs?

If a birth injury occurs due to medical negligence, legal options may include filing a medical malpractice lawsuit against the responsible healthcare providers or seeking compensation through a settlement. Consulting with a birth injury lawyer can help determine the best course of action.

How can parents ensure they have the necessary resources for the long-term care of a child affected by a birth injury?

Parents can secure the necessary resources for the long-term care of a child affected by a birth injury by pursuing legal action to obtain compensation for ongoing medical expenses, therapy, assistive devices, and other necessary support services.

What role do early detection and intervention play in preventing or minimizing the impact of birth injuries?

Early detection and intervention can play a crucial role in preventing or minimizing the impact of birth injuries. Timely recognition of potential issues and appropriate medical intervention can significantly improve outcomes for both the mother and the child.

What are the timeframes for taking legal action in cases of birth injuries?

The timeframes for taking legal action in cases of birth injuries are subject to statutes of limitations, which vary by state. It's important to consult with a birth injury lawyer as soon as possible to understand the specific deadlines that may apply to your case and take appropriate action within the required timeframe.

How can a birth injury lawyer help in holding negligent medical professionals accountable?

A birth injury lawyer can help hold negligent medical professionals accountable by conducting a thorough investigation, gathering evidence, consulting with medical experts, and advocating for the rights of the affected families. They can navigate the complexities of the legal system to seek justice and fair compensation for the harm caused.

How can the Law Offices of Glenn W. Cunningham assist in cases of birth injuries?

Glenn W. Cunningham has over 30 years of experience in handling birth injury cases. He understands the complexities of these cases and is committed to providing compassionate support and aggressive representation to families affected by birth injuries. He will work tirelessly to hold negligent medical professionals accountable and secure the compensation needed for lifelong care and support.

Let's hold health care professionals accountable when their neglect severely injures or kills a loved one.

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