Greenville Birth Injury Lawyer
What we are providing
An unexpected diagnosis or extended NICU stay can raise questions about the care provided during pregnancy, labor, or delivery. Some birth injuries are unavoidable, while others may result from missed warning signs, delayed intervention, or preventable delivery errors.
At Mooneyham Berry, our Greenville birth injury lawyers represent families when medical errors cause serious or permanent harm to a child. We examine delivery records, fetal monitoring, and other medical evidence to identify where the child's care may have broken down.
If you believe a preventable error contributed to your child's birth injury, contact our attorneys to discuss the circumstances and your options.
Is It a Birth Injury or a Birth Defect?
A diagnosis after delivery does not always explain when or why a child's condition developed. A birth defect generally develops while the baby is forming during pregnancy and may involve genetic, chromosomal, or developmental factors. A birth injury results from harm that occurs during pregnancy, labor, delivery, or the period surrounding birth.
Some birth injuries are apparent immediately, while others become clearer as the child develops. Cerebral palsy is one example where the diagnosis alone does not establish the cause. Medical records may be needed to determine whether oxygen deprivation, delivery trauma, infection, or another event contributed to the child's condition.
Our birth injury attorneys examine prenatal records, fetal heart rate tracings, delivery notes, neonatal findings, and later diagnostic testing. Together, those records can help establish when the injury occurred and whether events during pregnancy, labor, or delivery played a role.
Birth Injuries That May Be Linked to Delivery Errors
Birth injuries can affect the brain, nerves, muscles, and other parts of a child's body. Some become apparent immediately, while others are diagnosed as a child develops.
Common birth injuries involved in these cases include:
- Hypoxic-ischemic encephalopathy (HIE) caused by oxygen deprivation
- Brachial plexus injuries and Erb's palsy
- Skull fractures and brain bleeds
- Nerve injuries associated with difficult deliveries
- Injuries related to untreated maternal or neonatal infections
- Harm associated with delayed cesarean delivery
Cerebral Palsy and Birth Injuries
Cerebral palsy is often associated with difficult births, but a diagnosis alone does not establish that a delivery error caused it. The CDC estimates that about 1 in 345 children in the United States has cerebral palsy.
Most cases are not caused by oxygen deprivation during delivery. When questions arise, we examine fetal monitoring, delivery records, neonatal findings, and other evidence surrounding the child's birth.
The timing and cause of the brain injury are especially important. Medical experts can help determine whether an event during pregnancy, labor, or delivery contributed to the child's condition.
Brachial Plexus Injuries and Erb's Palsy
Brachial plexus injuries affect the network of nerves controlling movement and sensation in the shoulder, arm, and hand. They can occur during difficult deliveries, including those involving shoulder dystocia.
These injuries occur in approximately 1 to 3 per 1,000 live births. Many infants recover significant function, while more severe injuries can cause lasting weakness or limited movement.
When a serious injury follows a difficult delivery, we examine how the medical team manages the delivery and whether excessive force contributes to the damage.
When Labor and Delivery Errors Cause Birth Injuries
Some complications can occur even when a medical team provides appropriate care. Difficult fetal positioning, stalled labor, and other delivery complications can create genuine risks.
Concerns arise when providers miss warning signs, delay necessary intervention, or use improper techniques during delivery. The records can help establish what happens and when the medical team responds.
Delayed Intervention During Labor
Timing can be critical when fetal or maternal conditions begin to change. A concerning fetal heart rate may require closer monitoring, additional measures, or an expedited delivery.
The medical record can show when a concerning pattern begins and how the care team responds. It can also document when a cesarean section is ordered and when delivery actually occurs.
That timeline helps determine whether a delay contributes to oxygen deprivation or another birth injury.
Staffing and Monitoring During Delivery
Labor requires ongoing observation of both the mother and baby. Staffing can become relevant when the available records suggest that important changes go unnoticed or unaddressed.
Nursing assignments and staffing records can show who is responsible for monitoring the patient during different stages of labor. We may compare those records with fetal monitoring and nursing documentation.
This can help identify periods when concerning changes appear without a documented response.
Communication During Shift Changes
A labor can span multiple nursing or physician shifts. Incoming providers depend on accurate information about the mother's condition, fetal heart rate patterns, medications, and earlier concerns.
A missed detail during a handoff can affect decisions made later in labor. Shift-change documentation can help establish what information passes between providers and what may have been overlooked.
We review those records alongside the broader delivery timeline to identify where communication may have affected the child's care.
Fetal Monitoring and Evidence in a Birth Injury Claim
Fetal heart rate monitoring can provide important evidence about the baby's condition throughout labor. Obstetric providers use these tracings to identify changes that may require closer monitoring or intervention.
Fetal heart rate patterns are commonly classified into three categories. Category I is considered normal, while Category III is abnormal and can require prompt intervention. Category II includes patterns that fall between those classifications.
A Category II tracing alone does not establish that a delivery error occurred. We examine how the obstetric team responds as the pattern develops and whether additional concerns appear.
Our birth injury attorneys typically evaluate:
- The complete fetal heart rate tracing alongside obstetric and nursing notes
- How the labor and delivery team responds to signs of fetal distress
- Whether an obstetric or maternal-fetal medicine expert identifies a point when intervention becomes necessary
- Delivery records showing cesarean decisions, delivery techniques, and other obstetric interventions
- Whether a delay or delivery error contributes to the child's diagnosed injury
Connecting an Obstetric Error to the Child's Injury
Identifying a concerning fetal heart rate pattern is only part of the analysis. The medical evidence must also connect the delay or obstetric error to the child's injury.
That can require input from maternal-fetal medicine specialists, obstetric experts, pediatric neurologists, and other physicians. Each may address a different part of the pregnancy, labor, delivery, or child's diagnosis.
For a child with a brain injury, for example, experts may examine when oxygen deprivation occurs and whether earlier delivery changes the outcome.
This combination of fetal monitoring, delivery records, and specialist review helps establish what occurs during labor and how it affects the child.
Why Choose Mooneyham Berry for a Birth Injury Case?
Birth injury cases require careful review of obstetric records, fetal monitoring, neonatal care, and long-term medical needs. Mooneyham Berry brings more than 40 years of combined litigation experience to complex injury claims.
Experience With Complex Birth Injury Evidence
Our team works with medical records and expert testimony to evaluate what occurs during pregnancy, labor, delivery, and neonatal care.
That experience is backed by more than 100 cases tried to verdict in South Carolina state and federal courts. Our firm also includes a member of the American Board of Trial Advocates.
We bring complex civil litigation experience from both South Carolina and Georgia. This background helps us prepare cases involving disputed obstetric evidence, serious childhood injuries, and extensive future care needs.
Insight Into How Birth Injury Claims Are Defended
Our firm also brings prior experience representing hospitals, physicians, and their insurers. That perspective provides firsthand knowledge of how birth injury claims are evaluated and challenged.
Hospitals and obstetric providers may argue that an injury results from an unavoidable complication rather than an error during pregnancy or delivery. Disputes can also center on when an injury occurs or whether earlier intervention changes the outcome.
We anticipate those questions when reviewing fetal monitoring, delivery records, neonatal findings, and expert opinions.
Compensation After a Birth Injury
A serious birth injury can create medical and financial needs that continue throughout childhood and into adulthood. Compensation may account for both the child's current needs and the long-term effects of the injury.
A South Carolina birth injury claim may include:
- Past and future medical expenses
- Physical, occupational, and speech therapy
- Specialized medical equipment and assistive technology
- In-home care or other long-term assistance
- Future educational and developmental support
- Lost future earning capacity
- Pain and suffering
- Permanent impairment or disability
For children with significant neurological or physical injuries, future care can represent a substantial part of the claim. Medical experts and life care planners can help identify those needs and estimate their lifetime cost.
We consider how the injury may affect the child's healthcare, mobility, independence, education, and ability to work as an adult.
How Long Do Families Have to File a Birth Injury Claim?
Claims involving an injured child can have different filing deadlines than claims involving adults. The child's deadline may also differ from a parent's claim arising from the same delivery.
Families should not assume an extended deadline means there is no reason to investigate the birth injury early. Fetal monitoring, obstetric records, staffing information, and other evidence can become harder to obtain as time passes.
We review the applicable timeline early to determine which deadlines apply to the child and family.
Protect Your Child's Future After a Birth Injury
Questions about a child's birth injury often begin with the pregnancy, labor, and delivery records. Those records can show when complications develop, how providers respond, and when important decisions are made.
Mooneyham Berry reviews fetal heart rate tracings, obstetric records, nursing documentation, delivery notes, and neonatal records when evaluating these cases. We also consider the child's diagnosis and ongoing medical needs.
When specialist review is necessary, we identify the medical questions surrounding the delivery and the cause of the child's injury. For serious injuries, we also examine how the child's needs may change over time.
If you believe an error during pregnancy, labor, or delivery caused your child's injury, contact our Greenville office. Our birth injury lawyers can review the circumstances and discuss your family's legal options.