The Role of Hospital Negligence in Birth Injury Cases

When birth injuries occur, the joy of childbirth can be replaced with unimaginable heartache and a future filled with uncertainty. According to the CDC, roughly 3 in every 1,000 births result in a serious birth injury, leaving families struggling with overwhelming medical bills and the lifelong needs of their child.

Here at Rasansky Law Firm, we understand the depth of this pain. We've seen firsthand how hospital negligence during childbirth can devastate families and forever alter the course of a child's life. But we also know there is hope. We're dedicated to fighting for families affected by birth injuries caused by medical mistakes. 

This page will explore the role hospital negligence plays in birth injury cases and how we can help you navigate the legal system and pursue the justice and compensation you deserve.

What is a Birth Injury Case?

A birth injury case arises when a baby suffers harm during pregnancy, labor, or delivery due to medical error or negligence. This can encompass a wide range of injuries, from cerebral palsy and Erb's palsy to brain damage and breathing difficulties. 

If you suspect your child's injury could have been prevented with proper medical care, our Texas birth injury lawyers can help you understand your legal options.

How Does Hospital Negligence Cause Birth Injuries?

While childbirth is a natural process, it can sometimes present complications. Thankfully, skilled medical professionals are there to guide you through this journey and ensure the safety of both mother and baby. 

However, negligence on the part of these professionals can sometimes lead to preventable birth injuries. Here's a closer look at how hospital negligence can contribute to birth injuries:

Failure to Monitor Mother and Baby

Close monitoring throughout pregnancy and labor is vital for identifying potential risks early on. This includes monitoring fetal heart rate, maternal vitals, and signs of fetal distress. When healthcare providers fail to adequately monitor these factors, they may miss critical indicators of trouble, leading to a delay in necessary interventions and potentially causing oxygen deprivation or other complications to the baby.

Delayed or Improper Cesarean Section (C-Section)

Sometimes, vaginal delivery can pose a risk to the baby's health. In such situations, a timely C-section can be life-saving. However, delays in ordering a C-section, even if the need becomes apparent during labor, can lead to oxygen deprivation and other serious birth injuries. Additionally, improper C-section techniques can also cause injuries to the baby.

Improper Use of Forceps or Vacuum Extraction

Forceps and vacuum extractors are medical instruments used to assist with delivery in cases where a vaginal birth becomes difficult. However, improper application of these instruments can lead to severe birth injuries like brachial plexus injuries (affecting nerves and muscles in the arm), bone fractures, or facial injuries to the baby.

Medication Errors

Medication errors during pregnancy or labor can have serious consequences for both mother and baby. Administering the wrong medication, incorrect dosage, or failing to consider potential interactions with other medications can lead to complications like fetal distress, breathing difficulties in the newborn, or even birth defects.

Failure to Diagnose or Treat Maternal Infections

Certain maternal infections during pregnancy can pose a risk to the baby's health. If healthcare providers fail to diagnose or treat these infections promptly and appropriately, it can lead to premature birth, infections in the newborn, or even brain damage.

Failure to Recognize Shoulder Dystocia

Shoulder dystocia occurs when the baby's shoulder becomes lodged behind the mother's pubic bone during delivery. If this condition is not recognized and managed appropriately, it can lead to brachial plexus injuries, nerve damage, or even fractures in the baby's arm.

Inadequate Staffing or Communication

During childbirth, clear communication and collaboration among healthcare professionals are crucial. Staffing shortages or communication breakdowns can result in missed warnings, delayed responses to emergencies, or inadequate care, ultimately increasing the risk of birth injuries.

Understanding these potential causes of hospital negligence can help you be more informed and ask questions during your pregnancy and childbirth. It's important to remember that not every birth injury is the result of negligence. 

However, if you suspect that your child's injury could have been prevented with proper medical care, seeking legal guidance can be an important step towards securing the resources and support your family needs.

How to Prove Hospital Liability in a Birth Injury Case

If you suspect hospital negligence played a role in your child's injury, understanding the legal process of proving liability is crucial. Building a strong birth injury case is based on establishing four key elements:

• Duty of Care: The hospital and its staff had a legal obligation to provide a reasonable standard of care during your pregnancy, labor, and delivery.
• Breach of Duty: Medical professionals deviated from the standard of care through actions or inactions.
• Causation: This breach of duty directly caused your child's birth injury.
• Damages: Your child and family have suffered significant physical, emotional, and financial losses due to the injury.

Proving these elements often requires the expertise of a medical malpractice lawyer. They can work with medical specialists to review your child's medical records, identify any deviations from the standard of care, and establish a causal link between the negligence and the injury.

This process is complex and can involve gathering evidence beyond medical records, such as witness statements from medical professionals present during the delivery. Remember, the sooner you seek legal guidance, the sooner your lawyer can begin building a strong case to fight for the compensation your family deserves.

Contact a Texas Birth Injury Lawyer Today

We understand the immense emotional and financial burdens families face after a birth injury caused by medical mistakes. At Rasansky Law Firm, we're dedicated to fighting for your justice and the compensation you deserve.

Our team of experienced Texas birth injury lawyers will meticulously review your case, investigate potential negligence, and fight to hold the responsible parties accountable. We offer a free consultation to discuss your legal options and answer your questions. Don't hesitate to reach out – we're here to help you navigate this difficult time.

Call us today at (214) 651-6100 or fill out this form for a free case evaluation.