Brownsville Birth Injury Attorney

Facts about birth and infant mortality rates in Texas

In 2021, there were nearly 373,600 babies born in Texas, a fertility rate of 60.7 births per 1,000 women ages 15 to 44, according to the Centers for Disease Control and Prevention (CDC).   

Sadly, there were 1,946 infant deaths in Texas in 2020 alone—an infant mortality rate of 5.2 deaths per 1,000 live births, slightly lower than the national rate of 5.4. 

In addition to the tragic infant deaths that occur every year in Texas, countless other babies are left with birth injuries that often impact the rest of their lives.

Is your baby suffering from one of these common birth injuries?

A birth injury refers to any physical harm or damage that occurs to a newborn before, during or shortly after the birthing process. These injuries can vary in severity, ranging from mild, temporary conditions to more severe, long-lasting issues that require lifelong medical care.

Below are some of the most frequently encountered birth injuries:

• Fractures. The clavicle (or collarbone) is the most commonly fractured bone during birth, usually due to shoulder dystocia or breech delivery.
• Facial nerve injury. The facial nerve can be damaged due to the use of forceps or from pressure on the baby’s face during the passage through the birth canal. This can result in temporary or permanent facial paralysis.
• Brachial plexus injury. This involves damage to the bundle of nerves that control the arms and hands, often caused by excessive pulling during delivery or shoulder dystocia.
• Intracranial hemorrhage. This is bleeding within the baby’s brain, usually caused by a traumatic delivery or the use of forceps.
• Hypoxic-ischemic encephalopathy (HIE). This is a brain disorder caused by a lack of oxygen that can lead to conditions like cerebral palsy.
• Cerebral palsy. Often caused by oxygen deprivation, this long-term condition can cause permanent brain damage that affects movement, muscle tone, posture and more.
• Meconium aspiration syndrome. Meconium aspiration syndrome can happen if a newborn inhales a mixture of meconium and amniotic fluid during birth, potentially leading to respiratory distress. This condition typically requires immediate medical intervention, such as suction or supplemental oxygen, to ensure the infant’s airways are clear and lungs function properly.
• Caput succedaneum and cephalohematoma. These are both conditions that can affect a newborn’s head. While caput succedaneum involves swelling of the soft tissues due to pressure from passing through the birth canal, cephalohematoma is the collection of blood between the skull and its covering membrane, usually caused by birth trauma like the use of forceps. Caput succedaneum typically resolves on its own within a few days, whereas cephalohematoma may take weeks or months to heal and sometimes requires medical intervention.

What is the most common cause of birth injury?

While these birth injuries can result from various factors, some of the most prevalent causes include the following:

• Oxygen deprivation. This can result from a number of issues, including prolonged labor, abnormal fetal position or problems with the umbilical cord or placenta. Failure to monitor oxygen levels and respond with appropriate interventions can lead to birth injuries.
• Improper use of birth-assisting tools. The incorrect use of forceps or vacuum extractors can cause physical harm to the baby, such as fractures or nerve damage.
• Delayed C-section. Failing to perform a timely cesarean section (C-section) in response to fetal distress can result in birth injuries.
• Medication errors. Incorrect administration of medication to either the mother or the baby can lead to various complications.
• Excessive force. Pulling too hard on the baby during delivery can lead to injuries like shoulder dystocia or brachial plexus injuries, affecting the nerves that control the arms and hands.
• Failure to monitor. Failing to adequately monitor for signs of fetal distress can result in delayed action during critical moments, leading to potential injury.

It’s crucial to note that not all birth injuries are the result of medical malpractice or negligence. However, if you suspect that an injury occurred due to inadequate or improper medical care, you should consult a birth injury attorney for help exploring your options for compensation.

Can forceps cause nerve damage after delivery?

Yes, the improper use of forceps or vacuum extractors during childbirth can lead to nerve damage in the baby. While these tools are often used to assist in challenging deliveries, if they’re not positioned correctly or if excessive force is applied, there’s a heightened risk of injuring the baby’s nerves. 

The consequences can range from temporary dysfunction that improves with time and treatment to permanent damage requiring long-term care.

Can a baby recover from nerve damage?

The potential for a baby to recover from nerve damage depends on several factors, including the type of nerve injury, its severity, and the promptness and effectiveness of treatment. Some types of nerve damage are temporary and can heal on their own or improve with interventions like physical or occupational therapy. For example, mild brachial plexus injuries or minor facial nerve damage often improve over time and may not have long-lasting effects.

However, severe nerve damage may result in permanent impairment. In these cases, various treatments, such as surgical intervention, long-term physical therapy, and other specialized care, may be required. Even with such treatments, full recovery may not be possible.

It’s important to consult health care providers for an accurate diagnosis and appropriate treatment plan if nerve damage is suspected. Early intervention often provides the best chance for recovery. 

What are the birth injuries due to negligence?

Negligence, in the context of a birth injury, refers to a failure on the part of medical professionals (doctors, nurses, hospitals, etc.) to adhere to an accepted standard of care during the pregnancy, labor or delivery process. When a health care provider’s negligent actions or omissions lead to a birth injury, they may be held legally responsible. 

To prove negligence, you generally need to establish 4 key elements:

1. Duty of care. You must prove that the health care provider owed you and your baby a duty of care. This is already assumed in a doctor-patient relationship.
2. Breach of duty. You must demonstrate that the health care provider failed to adhere to the accepted standard of care.
3. Causation. You need to link the health care provider’s breach of duty directly to the birth injury.
4. Damages. Finally, you must show that the birth injury resulted in physical, emotional or financial harm.

Please note that medical procedures are complex, and it’s not always straightforward to establish a direct link between a health care provider’s actions and the injury. Additionally, birth injuries can sometimes occur due to natural complications or pre-existing conditions, making it difficult to prove that the health care provider’s actions were the sole cause. 

Therefore, proving negligence in a birth injury case often requires extensive medical records, expert witnesses, and a thorough understanding of both the medical and legal systems.

What is birth trauma compensation?

What is the statute of limitations on birth injury in Texas?

In Texas, parents have 2 years from the date of injury or the discovery of the injury to file a birth injury lawsuit. This means that if a child’s birth injury isn’t evident at birth, like cerebral palsy or some nerve-related injuries, but is discovered later when they fail to meet their milestones, parents may still be able to file a lawsuit as long as they file one within 2 years of becoming aware of the birth injury. 

Schedule an appointment with the top-rated birth injury attorney in Brownsville

If you believe your child is suffering from a birth injury caused by a medical mistake, don’t miss out on the compensation they deserve. Experienced Brownsville and Dallas birth injury attorney Laura Brown is happy to offer free consultations to give her potential clients the information they need to make the right decision for their children and families. 

If you decide to move forward with a lawsuit, rest assured that at Brown Trial Firm, you never have to worry about any upfront fees. Laura’s services come at no cost to you unless she wins your case. Learn more by scheduling a consultation today.