Have you suffered a serious injury related to childbirth? We may be able to help you and your family recover compensation.
Injuries to the mother during labor or delivery can be very serious, and sometimes deadly. While it’s true that accidents do occur and not every injury can be prevented, certain types of birth-related injuries are 100% attributed to malpractice.
Childbirth is a stressful event for all involved: for the family waiting for the baby to arrive, anxiety and emotions run high. For the mother, panic and pain intertwine, and for the unborn baby, a new world awaits. While the vast majority of deliveries go relatively smoothly, what is a family to do following a serious birth-related injury?
Doctors are required to monitor both the mother and baby’s vital signs at all times during labor and ensure that any anomalies are addressed and mitigated promptly. If a doctor, nurse, or other medical professional fails in their duty to provide treatment that falls within accepted standards of practice in the medical community and this results in an injury, by law, they have committed medical malpractice and are subject to a lawsuit.
Evidence isn’t easy to find if you’re not working with an experienced Texas birth injury attorney, so it is important to choose your legal representative carefully. These cases tend to be complex and require the assistance of an attorney who has extensive experience specifically with birth injury cases.
Did you suffer injuries while giving birth? Please call our Dallas birth injury attorneys today at (214) 651-6100 for a free and confidential consultation. We’ll listen to the facts of your case and advise you of your best options moving forward.
Our entire legal team is focused on one word: You. You are the most important part of our practice: you, your family, your suffering, your livelihood, and your needs. Let us put our passion for helping others to work for you.
Common Causes of Birth Injuries to the Mother
As a soon-to-be mother, you expect doctors presiding over your delivery to be professionals who know what they are doing. While certain types of injuries to the mother are a foreseeable risk, others should never be allowed to occur in the first place. Some of the most common malpractice-related injuries tend to be caused or preceded by the following:
- Failure to accurately interpret and monitor vitals during labor
- The use of forceps and vacuum pumps to forcefully birth the baby
- The use of Pitocin to induce strong reactions
- Mishandling of the placenta, leading to massive bleeding
- Lack of experience or plain negligence on the delivery doctor’s part
- Failure to treat prenatal complications or infections in a timely manner
- Ruptured uterus
- An improperly performed cesarean section
Serious Injuries Related to Childbirth
- Pre-eclampsia, whereby untreated high blood pressure leads to damage to organs in the mother’s body. Since it starts at around the 20th week of pregnancy, it is important that presiding prenatal doctors treat it immediately to avert complications such as blood vessel and heart diseases, placental abruption, and elevated liver enzymes
- Postpartum hemorrhage, whereby one can bleed out to the point of wrongful death if not treated in a timely manner
- Tears and fissures due to improper or forceful labor can lead to the formation of holes between tissues, leading to infections and bacteremia (the spreading of bacteria to one’s bloodstream) which can have fatal results if not properly identified and treated
The Importance of Hiring a Birth Injury Attorney
Birth injuries to the mother are catastrophic and affect all family members. Affected individuals also have to contend with further treatment, bed rest, rehabilitation, and the loss of enjoyment of life—all of which can be quite costly and taxing.
It should not be on the victim to have to suffer financially due to the negligent actions of someone else, and this is where we can help. Birth injury cases can be very complex and difficult in Texas, but Rasansky | McKenzie Law has considerable experience in this field (see our past case results), and can give you your best chance at a successful claim. Hiring us costs nothing out of pocket, as our firm only works on contingency. We invite you to give us a call today at (214) 651-6100 for your free and confidential consultation.
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 Dallas Birth Injury Attorney For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
