Houston, Texas Birth Injury Attorney

What are the common causes of birth injuries?

Birth injury or trauma is a natural part of the birthing process to some extent. After all, the baby is being squeezed through the mother’s pelvis, and during contractions the baby’s oxygen supply is temporarily stopped. Each phase of labor involves compression, twisting and tensing of the body. Even infants delivered by Cesarean section (or c-section) must first endure the stress of prolonged labor.

Children born with minor birth injuries typically recover on their own, without treatment. However, serious birth injuries can be life-threatening or cause long-term disabilities and impairment.

There are 2 main reasons why babies are injured during birth:

Oxygen deprivation (hypoxia)

Before, during and after delivery, babies must have a steady and reliable flow of oxygen. It can take as little as 6 minutes for a child to suffer from brain death. A baby may not receive enough oxygen if there is a uterine rupture, a placental tear, an infection or an umbilical cord that is kinked or wrapped around the baby’s neck.

When the baby is stuck inside the birth canal for too long or has a blockage of umbilical blood flow, their oxygen reserves run out. A lack of oxygen and buildup of carbon dioxide in the blood, tissues and organs is serious. Cerebral palsy, “perinatal asphyxia,” hypoxic-ischemic encephalopathy (HIE) and other types of lifelong brain damage are all caused by oxygen deprivation.

Physical trauma

Commonly, birth trauma injuries occur when a medical provider uses too much mechanical force during delivery. Cuts, bruises, bleeding, swelling, burst blood vessels, broken bones, damaged nerves and paralysis are all types of mechanical damage the baby might suffer on the way out. Usually, these injuries are considered “minor” and heal by themselves, but some types of nerve damage—like a severe brachial plexus injury—do not heal at all.

Medical providers may have difficulty delivering a baby when the baby is either too large or positioned abnormally. Medical providers may use forceps or vacuum extractors to reposition the baby or force the baby through the birth canal. The risks of injuries associated with these instruments can often be prevented by ordering and performing a c-section delivery.

Other common causes of birth injuries include:

• Delayed c-section delivery. During difficult labor or delivery, a cesarean section may reduce the risks of serious injury. Delivering the baby by c-section removes the baby from an environment where they’re not receiving sufficient oxygen. If a doctor waits too long to begin a c-section, the baby may be injured.
• Meconium aspiration syndrome. Meconium aspiration syndrome occurs when the baby breathes in a mix of feces (meconium) and amniotic fluid before or during birth. When a baby is experiencing stress during labor and delivery, the baby may involuntarily gasp. As the baby gasps, its lungs fill with meconium and amniotic fluid. Sometimes the lung is only partly blocked, and sometimes it is completely blocked. As a result, the baby’s lungs may collapse. Another risk is a lung infection, which comes as a result of inflammation of the lungs (pneumonitis).

Medical errors are a leading cause of birth injuries

Although they may be highly trained, physicians, nurses, midwives, hospital staff and EMTs are human and they can make mistakes that cause injury to newborns. Common medical errors that can lead to a birth injury or trauma include:

• Not monitoring the baby closely for signs of distress
• Improper use of forceps
• Improper use of vacuum extractor
• Excessive pulling or “traction” on the baby
• Giving medications to the mother shortly before or during delivery that put the child at risk
• Miscommunications or misunderstandings between medical staff
• Failing to perform an emergency C-section when needed

Some birth injuries simply wouldn’t exist if medical providers never made mistakes. Brachial plexus injuries, including Erb’s palsy and Klumpke’s palsy, are almost always caused by doctors or medical staff pulling or twisting the baby’s head and neck while trying to deliver it.

Birth injuryrisk factors

Even in the best of times, childbirth is a risky proposition for both the mother and the baby. When severe birth injuries occur, it’s usually a combination of risk factors and improper or slow medical intervention by the doctor.

The following factors pertaining to the baby or the mom are loosely associated with greater risk of fetal injury:

What to do if your child has a birth injury

If your child has a birth injury that you think could have been prevented or avoided with proper medical care, it’s important to act quickly. The sooner you get help, the sooner your child can get access to vital treatment, care and therapy. Intervening early with the right care can help minimize some of the long-term struggles your child may face.

Chronic medical issues caused by a birth injury can include:

1. Permanent disabilities to the brain and to the body.
2. Delayed development, difficulty in school and an inability to achieve independence in adulthood.
3. Significant medical costs, including hospitalizations, multiple surgeries, skilled nursing care, physical therapy, occupational therapy, customized equipment and round-the-clock caretaking.

After you’ve sought treatment from a different medical provider for your child’s birth injury, take the next step by consulting with an experienced birth injury attorney near you. The costs associated with a birth injury can be extremely high, and we can help you secure the funds you need to give your child the best future possible.

What are common birth injuries?

Actions have consequences. When medical providers deviate from the standard of care, they put their patients at risk of injury. Many types of birth injuries are caused by medical providers who aren’t watching for the warning signs of a birth injury. By following the standard of care and acting in a timely manner, many birth injuries can be prevented.

Medical malpractice cases typically start with an investigation into what happened to cause the birth injury and why. Common types of birth injuries caused by medical negligence include:

Birth injuries vs
birth defects

How to tell if your baby suffered a birth injury

First, there must be an evaluation of the medical records and information about the events that occurred during labor and delivery. The condition of the mom and the baby are important details. We also frequently get questions from parents about the APGAR scoring system and how an APGAR score relates to a birth injury.

An APGAR score is a tool commonly used to evaluate the health of a newborn. If you aren’t sure if your child has suffered a preventable birth injury, the best thing to do is to contact an experienced birth injury attorney for a consultation. Our knowledgeable attorneys can help investigate your case to find out what happened and whether the injury was preventable.

Contact an experienced birth injury attorney

Medical professionals are trained to do everything possible to keep a mother and child safe during labor and delivery. When they fail in their duty and cause birth injuries to your child, you have every right to take legal action.

If your child suffered a serious birth injury, you must act immediately. At Brown Trial Firm, our birth injury attorneys can help you find answers to your questions. We can advise you about your child’s legal rights, and whether you have a legal claim for compensation. You may be entitled to compensation for medical bills, hospital visits, and future care like therapy and medical caretaking.

The sooner you act, the better the result can be for your child. We will fight for you and for your family to ensure that you are fairly compensated for preventable losses. If you suspect your child’s birth injury was caused by a preventable medical mistake, please contact our birth injury attorneys. Consultations are completely free and there is no obligation.