Leave It To Our Texas Personal Injury Lawyers To Fight For Every Dollar Your Family Deserves
What should be a joyous occasion can turn tragic in a matter of minutes when a doctor’s treatment falls below the accepted standard of practice in the medical community. After a birth injury, your child’s life can be negatively affected and forever changed. Mental, physical, educational, and work abilities have all been altered forever.
Many birth injuries and deaths can and should have been prevented. If your child’s birth injury was caused by the negligence of the medical staff involved or by mistakes made during the delivery process, your family may be entitled to compensation – something a trained birth injury lawyer can help you obtain. The costs of caring for a child with severe birth injuries are staggering. You, as a parent, must hold those responsible accountable for their actions. Not only can you prevent this from happening to someone else’s child, but you will get the financial relief you will desperately need to pay for the child’s upbringing and care.
A Dallas birth injury lawyer can understand and address the legal challenges associated with a medical malpractice claim involving a birth injury. As soon as you become aware of a potential problem due to an issue during labor or delivery, contact an experienced Dallas birth injury attorney. The sooner you bring in legal support for the situation, the more likely you will be fairly compensated for what your family has experienced due to medical negligence.
At Rasansky | McKenzie Law, we fight for families to seek justice and compensation for their suffering child. We have decades of experience fighting on behalf of families who have been negatively impacted by medical malpractice. Our team will review the circumstances surrounding your case, work with experts, and take the specific steps necessary to ensure your legal rights are protected moving forward. Contact our Dallas birth injury attorneys for a free consultation as soon as possible to find out how we can assist you.
If your child has suffered a birth injury due to medical malpractice, you should speak with our Dallas birth injury attorneys at (214) 651-6100.
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.
What is a birth injury?
Children can suffer from a variety of birth injuries that can lead to short or long-term consequences. Some of the more common injuries include:
- Cerebral palsy
- Infant brain damage
- Erb’s palsy
- Asphyxia
- Neonatal Encephalopathy
- Learning Disabilities
- Speech-language disorders
- Klumpke’s palsy
- Broken bone
- Brachial plexus injuries
- Shoulder dystocia
- Birth trauma
- Skull fracture/head trauma
- Behavioral problems
- Microcephaly
- Neonatal Encephalopathy (NE)
- Temporary or permanent paralysis
- Hypoxia or HIE
- Facial nerve palsy
- Wrongful death
- Permanent Disability
- Periventricular Leukomalacia (PVL)
- Motor Impairments
- Vision and hearing impairments
- Seizure disorder
- Spinal cord injuries
- Epilepsy
- Prolonged Labor
Doctors, nurses, midwives, and healthcare facilities can all contribute to causing birth trauma with their negligent actions, mistakes, or even lack of action. Healthcare providers must respond quickly in a crisis. If medical professionals fail to respond fast enough or make a crucial mistake when treating unexpected bleeding, umbilical cord entrapment, or signs of fetal distress, a devastating birth injury or even wrongful death can occur. Additionally, some birth injuries are caused by malfunctioning medical equipment or improper medication.
Birth Injury Causes
Birth Injuries Caused by Neglectful Use of Birthing Tools
During difficult labor, medical professionals have the ability to use forceps and vacuum extractors to assist. These tools require extensive training, care, and consideration. When medical professionals do not use these tools correctly, it can have a detrimental impact on the health and well-being of a child. In some cases, the improper use of birthing tools can lead to permanent impairments. Some of the injuries we commonly see as a result of the negligent use of birthing tools include, but are not limited to:
- Seizure disorders and epilepsy
- Skull fractures
- Skull malformation
- Subdural hemorrhages
- Subarachnoid hemorrhages
- Cephalohematoma
- Fetal strokes
It is imperative that medical professionals know the proper techniques for using these tools; otherwise, permanent and life-threatening injuries can occur. If your child sustained a birth injury as a result of the negligent, reckless, or careless use of a birthing tool, contact our knowledgeable Dallas personal injury attorneys to explore the legal options available to you.
Don’t Wait to Get Help for Your Child’s Birth Injury
Many parents are reluctant to seek the counsel of birth injury lawyers. This feeling is understandable, but here are some things you should know:
- Injured children face an uncertain future. While some children may fully recover from some types of birth injuries, other children with brain damage, cerebral palsy, or nerve injuries will have long-term needs that may change over time. If you don’t know what the future holds for your child, how can you plan ahead for his or her care?
- Expenses for a birth injury can be very high. How will you pay for all the care your child needs over the course of his or her life? Will you be able to take time off work or hire somebody to help you? Will your child need special medications or therapy? All of this can add up to a great deal of money. Seeking compensation through legal means may be the only way to ensure you have enough to pay for everything your child will need as they grow up.
- If you are reluctant to take legal action, you could run out of time. If enough time passes, legally, you and your attorney will no longer be able to seek justice for what the doctor or hospital did wrong. Even if not barred by the statute of limitations, if you wait too long, it may be hard to find the right medical records and other facts needed to support your case. The sooner you get legal support, the better.
Symptoms
Not all birth injuries are easy to see immediately when a baby is born, but they can still have a traumatic impact on the child. There are many signs and symptoms that babies and growing children exhibit that can indicate birth injuries. Some of the most commonly recognized symptoms include:
Temperament Issues: Babies who have birth injuries may cry more than usual or act unreasonably fussy. You may not be able to console them or comfort them easily. Although this is a common sign of a brain injury, it is not definitive. Children who have abnormal temperaments are not always diagnosed with brain injuries. Still, if you’re concerned, ask your pediatrician.
Abnormal Physical Appearance: Birth injuries in babies may present themselves as deformed spines, misshaped facial features, or even protruding foreheads. These injuries can make the facial appearance abnormal, especially when the injury is caused by significant force or pressure during the birthing process. Some babies experience facial, head, or shoulder swelling due to their injuries which can leave lasting effects.
Seizures: Seizures can occur up to 48 hours after birth if an injury occurs. In some cases, children can suffer neurological injuries that have a lifelong negative impact on their ability to grow and thrive.
Breathing Problems: Birth injuries, as a result of medical malpractice, may cause the baby to have problems breathing. In some cases, babies stop breathing during or after the birthing process as a result of their injuries. This can be life-threatening.
Sensory Issues: Babies who have suffered birth injuries, particularly brain injuries, may be extremely sensitive to light and loud noises. In some cases, babies and children may have difficulties focusing their eyes, and some can also experience tinnitus or ringing in the ears.
Developmental Delays: There are some instances where brain and other birth injuries are not detected at the time of birth or even within the first few weeks of the child’s life. In fact, the injuries can be undetected for many months. When children begin missing milestones, like being able to crawl, walk, and talk, it could mean that a brain injury is present.
Brain injuries often require extensive and costly treatment. Many children require treatment indefinitely. If your child sustained brain injuries due to medical malpractice, it is crucial that you seek legal guidance from a knowledgeable brain injury attorney in Dallas as soon as possible.
Get Help Now
Long-Term Conditions Caused by Birth Injuries
Two of the most common disabilities that victims of birth injuries can suffer from may include Cerebral palsy and Erb’s palsy. These conditions have a devastating impact on the mental and physical health and well-being of children. Each of these two conditions impacts the child in a different way.
Cerebral Palsy: This condition impacts the child’s ability to use and control their muscles. Cerebral palsy can be caused by childbirth injuries due to medical malpractice. For example, leaving the infant in the birth canal too long, using birthing tools improperly, or failing to identify a prolapsed umbilical cord can cause brain damage that leads to Cerebral palsy.
Most symptoms of this condition are notable before the age of three. The different types of Cerebral palsy include:
- Ataxia: The loss of the use of limbs and difficulty with fine motor skills
- Spasticity: Dragging of the feet or legs while walking
- Athetosis: The presence of involuntary, slow, writhing movements
Although there is no cure for Cerebral palsy, medication and therapy can greatly improve the child’s abilities as well as their mental and physical well-being. In order to pay for this kind of ongoing treatment, it may be imperative that you file a lawsuit for medical malpractice as soon as you become aware that it may have occurred.
Erb’s Palsy: This debilitating condition is a permanent result of injuries to the brachial plexus region. These injuries can result in paralysis of the arms, shoulders, or hands of a child. Typically, only one side of the body is affected by this condition. Erb’s palsy can result in permanent paralysis and other disabilities.
In addition, children can suffer permanent muscle, bone, and nerve injuries during birth that severely impact their health and well-being. If your child sustained a birth injury as a result of a negligent medical professional, call Rasansky | McKenzie Law to see how we can help you.
Birth Injuries vs. Birth Defects: How To Tell The Difference
Knowing the difference between a birth injury and a birth defect can be important when determining if medical malpractice is involved in an infant’s health issue. While the terms sound similar, they are different medical issues.
Birth Injuries
A birth injury is an injury that occurs during labor or delivery, usually due to medical negligence.
An error generally causes these injuries on the part of the attending physician or other health care provider, such as improper use of forceps or vacuum extraction during delivery.
Birth Defects
A birth defect is a congenital condition that affects an infant from conception. These conditions can range from mild to severe and are often genetic, meaning they are caused by genetic abnormalities that may have been present in either parent before the child is conceived.
In 2010, one million US children were diagnosed with Congenital Heart Defects, according to research published in the American Heart Association’s publication, Circulation. Other common birth defects include cleft lip/palate and Down syndrome.
Birth defects are not caused by the malpractice or negligence of a medical professional involved in the birth of the child.
Compensation
How Long Does a Birth Injury Case Take?
Should you decide to pursue legal action, the time from filing to resolution will vary depending on your case.
Your Dallas birth injury attorney must first take the time to analyze the case carefully. This process may include gathering medical records, interviewing witnesses, and consulting experts. All of this can take considerable time due to the complexities of these cases.
Resolving a medical practice claim can take two to five years, depending on whether your case goes to trial or settles out of court. Additionally, the period may be longer if the defendant appeals an unfavorable court decision. A settlement could take less time than a full trial.
Financial Compensation in a Dallas Birth Injury Case
You may be entitled to financial compensation if your child suffers a birth injury due to medical negligence. A child’s birth injury case can potentially entitle you to a range of financial reimbursements as well as additional awards, depending on the unique circumstances of your case. With the help of a medical malpractice attorney, you can find out if your case qualifies for the following:
Economic Damages
Economic damages are intended to “compensate” you for past and future costs associated with your child’s injury. These are things that have calculated totals based on documentation. In the case of birth injuries, these damages can include:
- Medical bills
- Future care costs
- Lost wages due to missed work
Non-Economic Damages
Courts can also award non-economic damages in a birth injury case. These awards compensate individuals who have suffered emotional distress or mental anguish due to serious injuries sustained during childbirth. This includes anxiety and depression resulting from physical trauma such as paralysis or disfigurement from surgery associated with birth injuries.
Examples of non-economic include the following:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium (for a child’s parents)
When negligence causes psychological trauma during childbirth, non-economic damage awards can provide reimbursement for psychiatric treatments such as counseling. These awards exist to compensate the injured beyond what can be seen on medical bills and receipts.
Punitive Damages
Punitive damages punish the defendant for their negligence and are intended to serve as a deterrent for all healthcare providers to avoid causing another birth injury. Courts may grant these damages in cases of gross negligence or intentional misconduct. This award is typically limited to cases where the defendant’s conduct was particularly reprehensible.
Are you seeking to recover compensation for your child’s injuries during childbirth due to alleged medical negligence? An experienced birth injury attorney can review your case and tell you which financial awards would apply in this instance. Reach out to an experienced legal professional for a free legal consultation.
Legal Options
Birth Injury Claims: Who Can Be Held Liable?
A child’s birth injury can have lifelong consequences for both the baby and the parents. It is crucial to understand who can be held accountable for birth injury cases so you can seek compensation for damages incurred due to the birth injury. Understanding who is responsible for your claim is key when seeking justice for your injured child.
The Hospital or Health Care Provider
Hospitals, medical staff, and healthcare providers can all be held liable for injuries sustained during childbirth. In a birth injury case, the hospital is usually the primary party at fault. Medical professionals such as OB/GYNs and nurses may also be named in the claim if their negligent actions resulted in an avoidable outcome for the mother and baby.
For example, an OB/GYN may be responsible for failing to perform a timely c-section, or a nurse may have failed to monitor the baby’s vital signs. The hospital can be liable if it fails to adequately staff its medical team or provide the necessary resources and equipment for a successful birth.
Here’s a list of other medical professionals who can be sued:
- Midwives
- Anesthesiologists
- Respiratory Therapists
- Laboratory Personnel
- Ultrasound Technicians
- Neonatal Intensive Care Unit Staff
Pharmaceutical Companies
Pharmaceutical companies can also be liable in birth injury cases if their drugs result in an adverse outcome. Sometimes, a mother may be prescribed medication during her pregnancy that is known to affect the baby’s health negatively.
The pharmaceutical company may be liable for failing to warn of potential risks associated with taking their drug during pregnancy.
Examples of pharmaceuticals-related birth injuries include:
- Seizures
- Brain damage
- Cleft palate
No parent or child should ever have to suffer from a birth injury due to medical negligence or defective medical products.
Should You Settle a Dallas Birth Injury Case?
Settling out of court can be beneficial in some birth injury cases, but there are some situations where it would be better to pursue legal avenues. There is no definitive answer to this question without speaking to a birth injury lawyer about your unique case.
We will carefully examine your case’s medical records, lab results, and witness statements before assessing whether the facts meet Texas’ legal standards for a medication malpractice claim. Depending on the facts of your birth injury claim, you may be advised to settle out of court rather than going through a lengthy trial process.
Medical Device Manufacturers
In addition to hospitals and medical staff, medical device manufacturers can be held liable. For example, the manufacturer can be responsible for any injuries if a faulty medical device is used during childbirth.
Examples of devices that can lead to birth injuries include:
- Fetal monitoring equipment
- Forceps
- Vacuum extractors
These devices are designed to assist in delivering a baby safely, but if they malfunction, the manufacturer can be held responsible for any resulting birth injuries.
When to Consider Settling Out of Court
If the doctor or hospital has admitted fault and you can agree on compensation before filing suit, then settling out of court could be the best option. This choice is often the fastest way to receive compensation for your child’s injuries without going through a lengthy medical malpractice trial. Additionally, accepting an out-of-court settlement allows you to avoid costly birth injury attorney fees and other expenses associated with litigation. Just make sure that you at least speak to a birth injury lawyer before signing anything, because sometimes the insurance company will try to offer you far less than what you actually need.
When You Might Need To Sue
If the doctor or hospital doesn’t admit fault or a mutually agreed upon settlement can’t be reached, then suing may be the best option for securing justice. Taking legal action can ensure fair compensation for the pain and hardship inflicted on your child due to medical negligence.
Advantages Of Working With A Dallas Birth Injury Lawyer
Filing a birth injury claim is an intensive process that requires extensive knowledge of medical malpractice law. Navigating this process can be intimidating.
With the help of an experienced birth injury attorney, you can ensure your family receives all available compensation for your child’s injuries. They know how to get the most effective evidence and present it to the court to maximize your chances for success.
Establishing Negligence in a Birth Injury Claims
When it comes to medical malpractice lawsuits, there is no one-size-fits-all solution, and every case is unique and must be evaluated on its own merits. However, regarding birth injury cases, you must first prove that the doctor or healthcare provider was negligent in caring for the mother or baby.
This is often done by establishing four key elements: duty of care, breach of duty of care, causation, and damages.
Duty of Care
A doctor’s duty of care refers to their obligations as a healthcare provider. This includes providing a high standard of care for the patient and ensuring that any treatment they prescribe is appropriate for their condition. Evidence must demonstrate the doctor didn’t live up to their professional obligations.
For example, suppose a doctor did not take appropriate measures when complications arose during delivery. In that case, they may have breached their duty of care and thus be found liable for any resulting injuries sustained by the baby or mother.
Breach of Duty of Care
You must be able to prove that the duty of care was breached. To do so, you will need evidence such as medical records, expert opinions from other doctors in the field, or even witness testimony from those present at your delivery who can attest to any negligence from the doctor or healthcare provider.
It’s essential to point out that negligent behavior involves more than just making a mistake—it must be an error that reasonable care and skill could have prevented and one with direct consequences.
Causation
Once you have established that your doctor breached their responsibility, you must prove causation. In other words, you have to be able to prove that the doctor’s negligence directly caused the birth injury or illness due to either an act (or omission) on their part.
Was Your Child Injured At Birth? Get Answers Now!
Medical malpractice occurs when a doctor or healthcare provider fails to provide proper medical care when delivering a baby. In such cases, the standard of care is a guideline written into our law that is used to determine whether the health care provider was negligent in their duties and if they should be held liable for damages. Knowing the standard of care is vital if you’re considering a birth injury lawsuit.
In Texas, the standard of care for medical professionals in birth injury cases is based on what a reasonably prudent medical professional with similar training and experience would have done in similar circumstances. This legal concept is called the “reasonable medical probability” standard.
The standard of care considers factors such as:
- The type of care the doctor or health care provider should have provided.
- What level of knowledge and expertise is expected in the care they provide
- How other medical professionals would handle similar situations.
Damages
Lastly, you must prove that the injury caused by your doctor’s negligence resulted in damages and be able to show details evidence of those damages. This means demonstrating how the birth injury or illness has had a tangible, negative impact on your life or that of your baby.
For example, suppose your baby suffered permanent brain damage due to a doctor’s failure to monitor their heart rate during labor properly. In that case, you may be able to show that this caused physical and mental difficulties that have resulted in costly medical bills and emotional distress.
Damages may include medical expenses and treatment costs, lost income due to missed work, pain and suffering, mental anguish, and much more.
Get help from our Dallas birth injury attorneys today!
Our Dallas birth injury lawyers will do everything in our power to get you and your child the compensation you deserve and help you prepare for the future with a detailed life care plan. This plan will ensure that changing medical, financial, and other needs are taken into account so that your child will be taken care of no matter what the future may bring.
Get the help that you and your family need right now by contacting the birth injury lawyers at Rasansky | McKenzie Law. We accept cases related to birth trauma, brain damage, wrongful death, and cerebral palsy. Don’t wait; your case evaluation is always FREE, and we take all birth injury cases on contingency. That means you don’t pay us anything until we win your case.
Want to read more about birth injuries?
Get this valuable book, “The Epidemic of Birth Injuries Caused by Medical Mistakes & Understanding Your Rights” at no cost, and learn about your legal rights.
Inside his FREE book, Dallas birth injury attorney Jeff Rasansky explains in much greater detail everything about birth injuries, medical mistakes, and the legal options available to you. You will also find valuable information about:
- The types and causes of birth injuries
- Medical malpractice and birth injury statistics
- How medical malpractice cases are evaluated
- In-depth review of actual case files and lessons learned
- The legal process and how to choose the right attorney
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.
Contact Us
Speak With a Dallas Birth Injury Attorney For Free
The Dallas birth injury attorneys at Rasansky | McKenzie Law strive to help families move forward after enduring the negative consequences of birth injuries caused by medical malpractice. Our team is dedicated to fighting on behalf of our clients to ensure they are in the best position possible to move forward and get the medical treatment they need. If your child sustained a birth injury, contact our law firm at your earliest convenience.
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.