You should be able to trust the people in your delivery room, especially your doctor and the nurses helping with the birth of your child. However, that ideal situation is not always the case for families. Delivering a child can turn into a traumatic event if the mother or the child isn’t well-cared for before, during, or after birth.
Doctors and nurses who, through negligence or malpractice, create an unsafe and sometimes deadly delivery room should be held accountable. If you or your child have experienced birth injuries, our team is ready to help you hold those accountable for your suffering.
The lawyers at Pastrana & García Injury Law can give you the compassion and necessary birth injury legal advice you’re looking for, all while helping you file your claim. No parent should have to experience a traumatic birth; we are an empathetic firm willing to fight for you. You deserved better care during your birth experience, and we can help you receive justice.
What Are Birth Injuries?
Birth injuries are injuries that are sustained during or immediately after birth; they might also be received before the birth occurs, particularly if the mother has medical or health issues that are not addressed by the medical staff. Birth injuries happen at a rate of 7 out of 1,000 and are responsible for almost 4,000 deaths each year in the United States. Birth injuries are not only damaging or fatal to the baby, but they can be deadly to the mother. Some of the most common injuries are described below.
Broken bones can happen during a traumatic birth. The collar bone is particularly prone to fracturing during birth; infant skulls can also receive fractures. While these damages may heal, they are extremely traumatic for both the babies and the parents and can lead to further complications.
Nerve and spinal cord damage can lead to extremely complex issues in infants. These injuries might include facial nerve damage or nerve damage radiating from the arm, possibly from being pulled out of the birth canal. Brachial plexus injuries can lead to Erbs or Klumpke’s Palsy, conditions that may limit arm mobility or cause paralysis in an upper limb.
A severe brain bleed can compress a baby’s nerves and cause neurological damage, affecting movement and development. It can even be a cause of cerebral palsy.
While many babies experience jaundice, doctors or nurses are responsible for monitoring infants closely for jaundice. Severe cases of jaundice can cause damage to the brain through acute bilirubin encephalopathy or kernicterus. The lasting effects, apart from the brain damage, can be muscle spasms and hearing loss.
One of the major types of birth injuries that can severely influence the way a child lives and grows is cerebral palsy. Cerebral palsy often occurs when the brain isn’t getting enough oxygen during birth, but it can also occur from infections or premature birth. There are four types of cerebral palsy:
Cerebral palsy can cause the following symptoms, among others:
- Speech or vision issues
- Mobility issues necessitating the need for walking assistance or a wheelchair
Cerebral palsy is not something that can be cured, and the symptoms are what are treated. It might not be apparent that your child has cerebral palsy at first. Most cases are diagnosed within 1 to 2 years, but you may not be aware of their condition for the first few months of your child’s life. This lost time is essential because of the statute of limitations placed on birth injury victims.
Birth Injuries and Texas Statute of Limitations
If your child has mobility or developmental difficulties, it’s important to be able to pinpoint the cause sooner so that you can file and reclaim compensation. Children with birth injuries might need more medical or developmental assistance or therapy, which can cost hundreds of thousands of dollars. If your child’s injuries are the result of a birth injury caused by the negligence of the medical staff, then you deserve to be compensated to help your child and your family.
It’s essential to be as informed as possible about your child’s medical state to receive the care they need.
Common Causes of Birth Injuries
Birth injuries can be caused by a traumatic or difficult birth or by the doctor or nurses not paying enough attention to their patient’s needs. Some common causes of birth injuries include:
- Specific tools being used during the delivery, including forceps or vacuums
- A longer-than-usual labor that can result in damage to the baby
- A withholding of advice or options from the parents (including an advised c-section for a difficult or dangerous birth, etc.)
- The mother’s health or medical history is not taken into consideration or not treated (for example, ignoring preeclampsia or maternal diabetes)
- A premature birth
- Lack of care or checking in with the new parent and child immediately following birth, including an early release
Doctors and medical professionals have a responsibility to care for their patients leading up to and throughout the entire birth. When they don’t live up to those medical standards, our birth injury lawyers will take up your cause.
Legal Rights for Birth Injury Victims
As a parent, you’re entitled to fight for your child and receive compensation for the traumatic experiences your family incurred if you have enough evidence that the medical provider committed medical malpractice. When you hire us as your lawyer, we will help you prove medical malpractice. In your claim, you have a right to request compensation for the following:
- Medical bills related to the birth injury
- Ongoing treatment and care that your child will need
- Any treatments, surgeries, therapies, or medication
- Treatments for anxiety, PTSD, or depression for the parents
You may hold anyone who assisted you during your birth or anyone who was supposed to take care of you afterward responsible for the trauma you or your child experienced. This includes the delivering doctor, nurses who assisted, and even the receptionist who may have discharged you too soon.
Mothers and Birth Injuries
Birth injuries are often focused on the infant but may also occur to the parent giving birth and can be just as traumatic. These birth injuries may include:
- Vaginal tearing
- Ruptured uterus
- PTSD (postnatal traumatic stress disorder)
A distressing birth puts a strain on the mother and the child and can affect the course of both their lives. Our lawyers know that every family deserves happiness, and even though we can’t change your experience giving birth, we can try to make the future better for your family.
Contact Pastrana & García Injury Law
No parent should have to experience this alone. That’s why our birth injury lawyers are waiting for your call and can help you through this harrowing time. We understand that your family means everything to you, and we are willing to fight for your justice. With 30 years of experience in personal injury law and compassion for our clients, you want our trusted attorneys on your team. Call us today at 512-474-4487 or connect with us online.