Medical errors during delivery can have far-reaching consequences and sometimes cause permanent disability.
A newborn is especially vulnerable during labor and the first hours of life, and a mistake by the medical team during this period can affect the child’s brain, nerves, and physical development. The nature and severity of the harm depend on the type of error and how quickly it is recognized and corrected.
When a preventable error during delivery harms a newborn, Texas law allows the family to seek compensation for the resulting medical needs and losses. Attorneys at firms like Van Wey & Metzler in Dallas can examine the delivery records, work with medical experts, and determine whether the child’s condition resulted from a departure from accepted standards of care.
Brain and Neurological Effects
The newborn brain is highly sensitive to interruptions in oxygen and blood flow. When the medical team fails to monitor fetal distress or delays a necessary cesarean, the resulting oxygen deprivation can cause hypoxic-ischemic encephalopathy, a form of brain injury.
The effects depend on the severity and duration of the deprivation. When the injury is recognized quickly, a treatment known as therapeutic hypothermia, which cools the infant’s body, can reduce the extent of brain damage, but a delay in recognition can foreclose that option.
A child may develop cerebral palsy, which impairs movement and muscle control, or a seizure disorder that requires lifelong management. Cognitive and learning disabilities can also follow, becoming apparent only as the child grows. Because brain tissue does not regenerate, these effects are often permanent and shape every stage of the child’s development.
Nerve Damage and Physical Injuries
Errors in the physical management of delivery can injure a newborn’s nerves and bones.
Excessive force with forceps or a vacuum extractor, or improper handling during a difficult delivery, can stretch or tear the brachial plexus, the nerve network that controls the arm and hand. The resulting condition, known as Erb’s palsy, can leave a child with weakness or paralysis in the affected arm, sometimes permanently.
Facial nerve injuries can occur from pressure during delivery and affect movement on one side of the face. Bone fractures, most often of the collarbone, can also result from a traumatic delivery. Some of these injuries heal with treatment, while others cause lasting functional limitations.
Effects of Untreated Infection
A newborn can be harmed when the medical team fails to identify or treat an infection during labor and delivery. An untreated maternal infection, such as Group B streptococcus, can pass to the infant and lead to sepsis, pneumonia, or meningitis. These conditions can develop rapidly in a newborn and cause serious, sometimes permanent, harm if antibiotics are not administered promptly.
Meningitis in particular can result in hearing loss, vision problems, and neurological damage. Timely screening and treatment are well-established components of obstetric care, and a failure to provide them can constitute negligence.
Developmental and Lifelong Impact
The consequences of errors during delivery often extend far beyond infancy. A child with a brain or nerve injury may face delays in reaching milestones, difficulty with speech and movement, and challenges in school. Some require assistive devices, ongoing therapy, or specialized education. Families frequently adjust their homes, work schedules, and finances to meet the child’s needs.
The full scope of harm may not become clear for years, as certain cognitive and developmental effects emerge only as a child is expected to perform more complex tasks.
Accounting for Long-Term Care
Because many delivery-related injuries require lifelong support, the financial impact on a family can be substantial. A life care plan, prepared by a qualified specialist, projects the cost of future medical treatment, therapy, equipment, and attendant care over the child’s expected lifespan.
This projection helps ensure that any compensation reflects the true cost of the injury. Economic analysis may also account for the income the child may be unable to earn as an adult.
Legal Deadlines in Texas
Texas law sets firm time limits for pursuing a claim. Under Chapter 74 of the Texas Civil Practice and Remedies Code, a health care liability claim generally must be filed within two years of the negligent act.
The statute appears to give minors under 12 until their 14th birthday, but the application of that provision has been challenged on constitutional grounds, so families should not rely on it. A statute of repose bars any claim brought more than 10 years after the act, regardless of when the harm is discovered.
Conclusion
Medical errors during delivery can affect a newborn’s brain, nerves, and overall development, with consequences that may last a lifetime. Understanding how these errors lead to specific harms can help families recognize the seriousness of a child’s condition and take timely action to secure both treatment and accountability.