Was your baby born with complications or serious injuries such as hypoxia or birth asphyxia due to a nuchal cord? Call the Dallas birth injury attorneys at Rasansky | McKenzie Law today for a free consultation at (214) 651-6100. We charge nothing upfront to get started on your case.
The umbilical cord carries oxygen and nutrients from the mother to the child’s bloodstream. It contains one vein and two arteries and usually doesn’t cause serious birth complications.
Unfortunately, in some cases, the umbilical cord can become tangled around the child’s neck and pose a serious risk of brain damage or fetal death. This is referred to as a “nuchal cord.”
A nuchal cord can and should be detected via ultrasound during the mother’s prenatal checkups. While most instances of a nuchal cord do not result in the need for emergency surgery or cesarean section, once medical professionals are aware of the issue, your child’s fetal distress signals should be closely monitored—especially during labor. If they are not, and a birth injury occurs, the medical facility or doctor could be held liable for damages.
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Birth Injuries Caused by a Nuchal Umbilical Cord
The baby’s body and brain depend on the umbilical cord to receive everything it requires during gestation. Oxygen helps the brain develop, grow, and thrive, and any disruption of blood or oxygen supply to the brain may lead to massive brain cell death, ending in neonatal encephalopathy, cerebral palsy, or severe brain damage at birth.
A nuchal cord can also result in umbilical cord compression (flattening due to pressure) or knotting, potentially cutting off the baby’s supply of oxygen as well.
Nuchal cords are notorious for causing birth asphyxia. This is the cutting off of the supply of oxygen to the brain, and most often occurs during labor. It is the responsibility of nurses and doctors to monitor fetal heart rate during labor since this is the one thing that will let them know if there is an oxygen supply interruption.
Should there be signs of fetal distress, these medical professionals must act fast to mitigate any potentially preventable harm to the child.
It is estimated that 20 percent of all births are complicated by nuchal cord problems. In addition, your child is more likely to be born with a nuchal cord if they are too big for their gestational age, if there are twins or triplets in the womb, if there is a family history of nuchal cords, if the umbilical cord is extraordinarily long, or if the baby is born via breech, shoulder or face presentation.
Warning Signs of Fetal Brain Injury Caused by Birth Asphyxia
There are many different ways an infant may begin to show signs that they have experienced a obtain injury. Here are some of the most common:
- Weak or non-existent cry at the time of delivery
- Seizures
- Refusal of the baby to feed
- Respiratory problems
- Organ failure
- Fever
- A blue tint to the skin
- Abnormal muscle tone, either too floppy or too tense
- A low Apgar score
- Hyperglycemia or hypoglycemia (high or low blood sugar)
Recovering Compensation Through a Birth Injury Lawsuit
While we understand that the birth of any child is a joyous and celebratory time, it is undeniable that a child born with severe brain damage will likely put an incredible ongoing financial strain on the family. If a doctor’s negligence or inexperience led to your child suffering from what should have been a preventable brain injury, the additional financial burdens of raising a disabled child should not fall on the family.
Get the help you need and deserve by calling our Dallas birth injury lawyers today at (214) 651-6100 or email us using the contact form found on this page for a free confidential consultation. We’re happy to look into the facts of your case at no charge and advise you of your family’s legal options moving forward.
If you need to pursue a claim, we will work with you on a contingency fee basis, meaning you owe us nothing unless and until we secure a payout for you and your family.
Frequently Asked Questions
What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
Speak With a Texas Birth Injury Attorney For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. Call us 24/7 at (214) 651-6100.
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