San Antonio Birth Injury Attorneys

Let Experienced Team Help You & Your Family

The birth of a child should be a joyful occasion. Unfortunately, medical negligence or errors during childbirth can result in serious injuries to both mother and child. If you or your baby has suffered due to a preventable birth injury, you need experienced legal representation. At Kemmy Law Firm, P.C., our San Antonio birth injury lawyers have recovered millions of dollars on behalf of our clients. Get 40 years of legal experience on your side!

Contact us today at (830) 264-6297 to request an initial case evaluation.

What is a Birth Injury?

A birth injury refers to any harm or trauma a baby suffers during labor and delivery. While some minor injuries are unavoidable and heal quickly, others are the result of medical negligence and can have life-altering consequences. Birth injuries can affect a child’s physical, cognitive, and emotional development, leading to long-term medical needs, therapy, and financial strain on families.

Common Types of Birth Injuries

Birth injuries can range from mild to severe. Below are some of the most common types of birth injuries:

• Cerebral Palsy: Often caused by oxygen deprivation during childbirth, this condition affects movement, coordination, and muscle tone. It may also lead to cognitive and developmental delays.
• Brachial Plexus Injuries (Erb’s Palsy): These injuries involve damage to the nerves controlling the arm and hand, often resulting from excessive force during delivery.
• Fractures: Babies can suffer broken bones, particularly in the collarbone or shoulder, due to improper use of force or tools like forceps.
• Hypoxic-Ischemic Encephalopathy (HIE): This condition arises from a lack of oxygen and blood flow to the brain during delivery, potentially leading to severe brain damage.
• Intracranial Hemorrhage: Bleeding inside the skull, often caused by the improper use of delivery tools or prolonged labor.
• Facial Nerve Injuries: Damage to the nerves in the baby’s face, often due to the misuse of forceps or vacuum extractors.
• Spinal Cord Injuries: Rare but severe, these injuries can occur due to excessive force or improper handling during delivery.

Common Causes of Birth Injuries

Birth injuries are often preventable and result from medical negligence. Common causes include:

• Failure to Monitor: Failing to monitor the mother and baby’s vital signs during labor can lead to missed warning signs of distress.
• Delayed Cesarean Section (C-Section): Not performing a timely C-section can result in oxygen deprivation and other complications.
• Improper Use of Tools: Misuse of delivery tools like forceps or vacuum extractors can cause significant injuries to the baby.
• Medication Errors: Administering the wrong medication or dosage during labor can harm both mother and baby.
• Failure to Diagnose Complications: Conditions such as umbilical cord prolapse, breech presentation, or maternal infections require immediate attention and action.
• Excessive Force: Applying too much force during delivery can result in fractures, nerve damage, or spinal injuries.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case can be complex. Multiple parties may be responsible, including:

• Doctors: Obstetricians and other medical professionals involved in the delivery process may be liable if they fail to meet the standard of care.
• Nurses and Support Staff: Negligence in monitoring or assisting during labor and delivery can contribute to birth injuries.
• Hospitals: Hospitals can be held accountable for inadequate staffing, poor training, or failure to maintain proper equipment.
• Pharmaceutical Companies: In some cases, medication errors caused by defective drugs can lead to liability for the manufacturer.

Recovering Compensation

Birth injuries often require extensive and lifelong care. Compensation can help relieve the financial burden and ensure your child has access to the resources they need.

Damages may include:

• Medical Expenses: From immediate neonatal care to future surgeries, therapy, and assistive equipment, compensation can cover all current and projected medical needs.
• Rehabilitation and Therapy: Many children require physical therapy, occupational therapy, speech therapy, and long-term developmental support.
• In-Home and Long-Term Care: Severe birth injuries may require specialized care for years or even a lifetime.
• Pain and Suffering: Compensation may be available for both the child’s suffering and the family’s emotional trauma.
• Loss of Earning Capacity: If the injury affects the child’s future career opportunities, damages may reflect those lost earnings.
• Special Education Needs: If the child requires specialized learning tools, aides, or programs, these costs may be included.

Our role is to build a strong claim backed by evidence, expert testimony, and detailed evaluations of your child’s long-term needs. Our San Antonio birth injury lawyers fight for the maximum compensation your family deserves.

Birth Injury Claim FAQs

How do I know if my child’s birth injury was caused by medical negligence?

In many cases, families are not immediately told the full truth. If something feels wrong, or if your baby was diagnosed with a condition often linked to oxygen deprivation or trauma, we can review your medical records to identify signs of malpractice.

How long do I have to file a birth injury claim in Texas?

Texas generally allows two years to file a medical malpractice claim, but birth injury cases involving minors often have extended timelines. It’s important to contact an attorney as soon as possible to protect your rights.

Will filing a claim affect my relationship with the hospital?

A birth injury claim is filed against the responsible individuals or institutions—not against individual nurses or staff members personally. The goal is to hold negligent providers accountable and secure compensation for your child’s future.

What if the injury wasn’t discovered right away?

Some conditions, like developmental delays or cognitive issues, become apparent months or years after birth. Texas laws may allow additional time in these situations, depending on the circumstances.

How much is my birth injury case worth?

Every case is unique. The value depends on the severity of the injury, required medical care, long-term impacts, and available evidence of negligence.

Why Hire Our Firm?

At Kemmy Law Firm, P.C., we understand the emotional and financial toll birth injuries take on families. Our experienced legal team will:

• Investigate Your Case: We will thoroughly review medical records, consult with experts, and gather evidence to determine the cause of the injury.
• Establish Liability: We’ll identify the parties responsible for your child’s injury and prove their negligence.
• Pursue Maximum Compensation: We’ll fight to secure compensation for medical expenses, therapy, lost wages, pain and suffering, and more.
• Provide Compassionate Support: We’re here to guide you every step of the way, ensuring you feel supported during this difficult time.

Call (830) 264-6297 or contact us online today to let our firm help you secure your family's entitled compensation.