In the United States, more than 28,000 babies suffer birth injuries each year. Many newborns are left with debilitating conditions as a result of brain injuries and damages. Brain damage is a serious and debilitating consequence of a rough and negligent delivery. In many cases, babies sustain traumatic brain damage as a result of medical malpractice. Although brain damage is often preventable, between one and three babies out of every 1,000 births experience some form of head trauma or damage. These conditions are marked by breathing problems, depressed reflexes, impaired levels of consciousness, and seizure disorders in newborns.
When newborn babies experience brain damage as a result of a negligent medical professional, they often require immediate and long-term medical treatment. When children suffer severe brain damage, such as brain bleeds, they often require immediate surgery.
Many times, baby brain damage can be directly attributed to medical mistakes made by doctors or other hospital personnel during the delivery process. These are specific problems that are often described by the generic terms “birth injury” or “birth trauma,” and they can range from mild to severe.
Regardless of the type of brain injury the child sustains, they often require ongoing, costly medical treatment. When children sustain traumatic head and brain injuries as a result of negligence, it is crucial that their families seek legal guidance from a qualified and knowledgeable brain damage attorney in Dallas as soon as possible. Families may be entitled to compensation to help alleviate the financial burdens they will face.
We at Rasansky | McKenzie Law have decades of experience helping our clients recover after they are subjected to dealing with a traumatic brain injury or damage due to the negligence of a medical professional. Our team provides competent and trusted legal representation to ensure our clients are in the best position possible to recover after being harmed. If your child sustained brain damage, and you believe negligence played a role, contact our brain damage lawyers in Dallas as soon as possible.
One of the most severe conditions occurring in brain damaged babies is cerebral palsy. Severe brain damage often results in life altering complications with extremely high emotional and monetary costs. Our experienced baby brain damage lawyers can help you discover what caused these problems and whether or not your have legal standing to sue for damages that will help your child live the best life possible.
- Using excessive force during delivery
- Delay in performing a C-section
- Inaccurate assessment of the baby’s size
- Negligence in monitoring fetal distress
In general, there is a multitude of causes for brain damage and injuries in newborns. These injuries are often caused by oxygen deprivation. Babies are at a heightened risk of suffering oxygen deprivation to the brain when they are subjected to medical malpractice and negligence. Some of the leading causes of brain damage we see in Texas include, but are not limited to:
- The use of forceps and vacuum extractors: When medical professionals lack adequate training on how to use birthing tools, they are more likely to cause serious and life-altering injuries to newborns. In most cases, these tools are beneficial in helping guide babies out of the birth canal. Forceps and vacuum extractors can mitigate the need for a C-section while allowing a mother to deliver naturally. When medical professionals use the tools improperly, it can lead to strokes, brain bleeds, traumatic brain injuries, and a host of other types of brain damage.
- Infections: There are many cases where mothers have an infection during their pregnancy and the birthing process. When mothers pass infections to their children during the birthing process, it can result in life-threatening injuries. Medical professionals need to use extreme caution in delivering babies when a mother has an infection or should consider performing C-sections to avoid transmission.
- Umbilical cord issues: Complications with the umbilical cord are a common cause of brain damage. When the umbilical cord becomes compressed, it can interrupt the blood flow and ultimately oxygen to the baby’s brain. Conversely, a prolapsed umbilical cord can wrap around the child’s neck and cut off oxygen to the brain. When an umbilical cord is knotted, too short, or has an infection in it, it can cause an array of complications in the flow of blood between the mother and the child.
- Placental abruption: This situation requires emergency medical intervention. When the placenta tears away from the uterus, it can cause a complete stop to the flow of oxygen-rich blood to the child. This can lead to severe brain damage or death.
- Uterine rupture: Tearing in the layers of the womb can lead to severe hemorrhaging in the mother’s abdominal area. This condition can cause the baby to spill out of the mother, leading to massive blood loss. This can be life-threatening for both the mother and the unborn child. If the child survives a uterine rupture, it can have long-lasting brain damage due to oxygen deprivation.
- Oligohydramnios: Complications that arise when there are low levels of amniotic fluids surrounding the baby in the wound are called oligohydramnios. This condition occurs when the mother’s water breaks before she goes into active labor. A loss of fluid can cause the umbilical cord to prolapse or compress. This condition not only leads to brain damage, but it can result in underdeveloped lungs and many other complications.
- Prolonged or arrested labor: Contractions can have a restrictive impact on a child’s ability to obtain oxygen during the labor process. The longer a baby is subjected to these conditions, the more likely they are to suffer from oxygen deprivation. Prolonged deprivation can result in permanent brain damage to the child. The use of Cytotec and Pitocin used to strengthen contractions during the labor process can drastically increase the chances of anoxic brain injuries during the birthing process.
- Placenta Previa: When the placenta does not grow at the expected rate, it can result in a blocking of the mother’s cervix. If the placenta remains either fully or partially covering the cervix during late-term pregnancy, it can result in the need for a C-section due to the risk of bleeding.
- Mistakes with anesthesia: When anesthesia is not administered correctly, it can cause the mother to experience a hypotensive crisis. This causes the mother’s blood pressure to drop, which can decrease the amount of oxygen that reaches the baby.
- Fetal strokes: If there are any blocks or restrictions to the blood vessels in the baby’s brain, it can result in a fetal stroke. These can have a detrimental impact on the child and their physical and mental development. The chances of brain damage are greatly increased when medical professionals use forceps or vacuum extractors to assist with the birth.
- Abnormal presentation: Babies should present in a head-first position. When they do not, the baby can experience oxygen deprivation, brain bleeds, or other forms of traumatic injuries to their head. The chance of suffering brain damage is increased when there are problems related to the umbilical cord. Babies who are transverse, breeched, or a face-up presentation, the birthing process can be particularly traumatic for the baby.
- Preeclampsia and eclampsia: Mothers who experience preeclampsia during their pregnancies have consistently high blood pressure readings. The increased blood pressure rate can drastically decrease the blood flow to the baby. Various factors associated with preeclampsia and eclampsia can cause severe damage to the baby and constrict vessels in the placenta, which can result in oxygen deprivation and brain damage to the child.
Brain damaged babies most often suffer their injuries from oxygen deprivation. If your baby experienced brain damage after a delivery, our baby brain damage lawyers have resources to help you through this difficult time. Contact our birth injury lawyers today to discuss your legal options before you run out of time.
Babies who sustain brain damage during the birthing process often exhibit a variety of signs and symptoms. The type of injury as well as its severity have a critical impact on the type of symptoms a baby will have. Some of the most common symptoms of brain damages include:
- Abnormal Temperament: Although some fussiness and crying are to be expected, babies who continue to cry inexplicably or act fussy without having the ability to be consoled or comforted may have brain damage. It is crucial to understand that an abnormal temperament can be a sign of brain damage, but it is not always associated with this type of injury.
- Abnormal Physical Appearance: Babies with brain damage may have some physical abnormalities. In many cases, babies have misshaped facial features and have protruding foreheads. A deformed spine may also be present.
- Sensory Problems: Sensory problems are another common indication of a brain injury in newborns. Babies who have brain damage can have difficulties focusing their eyes and may also be sensitive to lights and sounds. Ringing in the ear may be experienced by children with brain damage.
- Missed Milestones and Developmental Delays: There are some instances where brain damage is not detected soon after birth. As children grow, their injuries may become more noticeable when they start missing milestones and have an inability to talk, walk, or crawl.
Babies who suffer from brain damage not only experience the immediate impacts of these injuries, but they have issues that continue to follow them indefinitely. The mental, emotional, and financial impacts of these injuries are significant. If your child sustained brain damage as a result of a negligent medical professional, it is crucial that you seek legal guidance from a Dallas brain damage attorney as soon as possible. You may be entitled to compensation to help alleviate the costs of care your child needs moving forward.
Seeing your baby struggle with a debilitating brain injury can be devastating. The mental and emotional consequences families are forced to endure often impact their health and wellbeing. In many cases, brain damage causes significant delays in both the growth and development of children. Injuries caused by brain damage greatly impact their health and quality of life. Although there are numerous causes of brain injuries, far too many babies sustain these life-changing injuries as a result of medical malpractice. If your baby was left with a life-changing brain injury as a result of a negligent nurse, doctor, or medical professional, it is imperative that you seek legal guidance from a qualified and knowledgeable brain damage attorney in Dallas right away. You may have legal options available to help your family.
The Dallas medical malpractice attorneys at Rasansky | McKenzie Law have decades of experience fighting on behalf of injured Texans and their families. Our attorneys strive to help victims protect their legal rights and maximize their financial recovery after being harmed. We truly understand the overwhelming consequences victims and their families are forced to endure after babies suffer brain damages during the birthing process. Not only do these injuries prevent babies from thriving and living a normal life, they often leave children in need of constant care. It is crucial that you protect your legal rights and get the compensation you need for both immediate and long-term care.
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) 390-6736.
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.
