Becoming a parent is a moment filled with joy, anticipation, and hope for the future, but sometimes that dream takes an unexpected turn. If your child has been diagnosed with a birth injury, or if you suspect something may have gone wrong during your pregnancy, labor, or delivery, you’re likely facing a whirlwind of emotions and a mountain of questions.
- Was this preventable?
- What does this mean for my child’s future?
- How will I afford the necessary medical care and therapies?
Birth injuries can be devastating, not only emotionally but also financially. The costs associated with ongoing medical treatment, specialized therapies, adaptive equipment, and long-term care can be overwhelming. In Austin, families facing these challenges need answers, support, and often, legal guidance.
At Brown Trial Firm, we understand the immense challenges you’re facing. That’s why experienced Austin birth injury lawyer Laura Brown has dedicated her practice to helping families like yours find answers, seek justice, and pursue the compensation they deserve.
Do you have a sinking suspicion that something went wrong during delivery?
Laura Brown can help uncover the truth. Schedule your free consultation today.
What is the definition of a birth injury?
A birth injury is any physical harm or damage that occurs to a baby during pregnancy, labor, delivery, or shortly after birth. These injuries can vary in severity from mild injuries that completely resolve on their own to severe injuries that significantly impact a child’s quality of life.
Some birth injuries arise from natural complications that aren’t preventable, but many are the result of medical mistakes. With any birth injury, it’s crucial to get a clear understanding of the circumstances that led to the injury to determine if medical negligence played a role.
What is the most common type of birth injury?
A study published in The Journal of Pediatrics found that about 80% of all birth injuries involve the scalp. These injuries, often caused by the use of instruments like forceps or vacuum extractors during delivery, include bruising, swelling, and hematomas, such as caput succedaneum or cephalohematoma.
While many scalp injuries resolve without long-term effects, other more serious birth injuries, like the ones listed below, can have lifelong consequences.
Brain injuries
- Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs when a baby doesn’t get enough oxygen during pregnancy, labor, or delivery, often due to delayed medical interventions, issues with the umbilical cord, or placenta complications. This condition can lead to developmental delays, seizures, and cerebral palsy (CP).
- Cerebral palsy (CP) is a lifelong condition affecting motor skills, muscle tone, and movement. It is frequently linked to oxygen deprivation or brain trauma during or shortly after birth.
- Periventricular leukomalacia (PVL) refers to damage to the brain’s white matter, commonly associated with premature birth or prolonged periods of low oxygen levels.
- Stroke can happen when blood flow to a baby’s brain is disrupted during or shortly after delivery, potentially leading to developmental challenges or physical impairments. The most common causes in newborns are structural abnormalities and blood clots.
- Brain bleeds (intracranial hemorrhages) are often caused by prolonged labor or physical trauma due to misuse of instruments, abnormal fetal positioning during birth, or macrosomia (an above-average-size fetus). Brain bleeds can lead to long-term complications, including HIE and CP.
- Kernicterus is a severe type of brain damage caused by untreated jaundice, which occurs when bilirubin levels in the baby’s blood become dangerously high.
Paralysis
- Facial paralysis occurs when a baby’s facial nerves are damaged, often due to excessive pressure or improper use of forceps during delivery.
- Brachial plexus injuries, such as Erb’s palsy and Klumpke’s palsy, result from damage to the network of nerves controlling the arms and shoulders. These injuries are frequently caused by pulling or stretching during difficult deliveries, such as when the baby is in the breech position or the baby’s shoulder gets stuck behind the mother’s pelvic bone (shoulder dystocia).
Fractures
- Broken bones, especially in the collarbone (clavicle), are common during challenging deliveries. They can happen if the baby’s shoulders get stuck or the baby’s head is too large to fit through the mother’s pelvis (known as cephalopelvic disproportion).
Spinal cord injuries
- Spinal cord injuries, while rare, can occur when excessive force is used during delivery. These injuries can lead to partial or complete paralysis and are among the most severe birth injuries.
To prevent these injuries, medical professionals must closely monitor both the baby and mother throughout pregnancy, labor, and delivery. Effective communication between delivery room nurses and doctors is essential to ensure any complications are identified and addressed promptly.
Birth injury facts every parent should know
Get answers to some of the most frequently asked questions about birth injuries and compensation.
Can you sue for birth injury?
Yes, you can sue for a birth injury if it was caused by medical negligence. All medical professionals have a duty of care to provide competent and reasonable treatment during pregnancy, labor, and delivery.
If they fail to meet this standard—through improper actions, inaction, or poor judgment—and it directly results in harm to the baby or mother, they may be held liable.
Potentially liable parties in a birth injury lawsuit include:
- Doctors and OB-GYNs who made errors in diagnosing or treating issues in the mother or baby during pregnancy, labor, or delivery or immediately after birth.
- Nurses who failed to follow protocols or communicate critical issues to physicians.
- Pharmacists who dispensed incorrect medications, wrong dosages, or failed to warn about potential side effects that could harm the baby or mother.
- Hospitals for inadequate staff training, equipment malfunctions, or poor policies.
An experienced birth injury attorney can help determine who is liable and build a case to seek compensation for medical expenses, long-term care, and emotional damages.
How do you prove birth injury?
A successful birth injury lawsuit requires a combination of medical and legal expertise to establish that the birth injury was caused by negligence. Attorneys begin by thoroughly reviewing the baby’s and mother’s medical records to identify deviations from the standard of care during pregnancy, labor, or delivery.
This includes examining fetal monitoring strips, delivery notes, medication logs, and other relevant documentation to determine if proper procedures were followed and whether any delays, errors, or poor decisions occurred.
To strengthen the case, attorneys often work closely with medical experts who can analyze the records, provide professional opinions, and testify on how the injury could have been prevented. These experts help establish a direct connection between the medical provider’s actions—or inaction—and the injury.
By combining this detailed analysis with legal knowledge, attorneys can build a strong case that demonstrates liability and proves the harm caused to the baby or mother was avoidable.
Where can I find the best birth injury attorney in Austin to help with my child’s case?
If your child has suffered a birth injury, choosing the right attorney is critical. Laura Brown is a leading birth injury attorney in Austin with years of experience and a practice dedicated entirely to birth injury law.
Her focused expertise means she understands the complexities of these cases, from uncovering medical mistakes to building a strong case for justice and compensation. Laura knows how to navigate the legal and medical challenges to ensure your family receives the answers and support you deserve.
Contact Laura at Brown Trial Firm today to schedule a free consultation to learn how she can help protect your child’s future.
References
Gupta, R., & Cabacungan, E. T. (2021). Neonatal Birth Trauma– Analysis of Yearly Trends, Risk Factors, and Outcomes. The Journal of Pediatrics, 238. https://doi.org/10.1016/j.jpeds.2021.06.080
