Bringing a new life into the world should be a joyful experience, but when something goes wrong during pregnancy, labor, or delivery, it can leave parents feeling heartbroken and full of questions.
If your child has been diagnosed with a birth injury—or if you suspect that a medical mistake may have caused their condition—you’re not alone. Many parents in El Paso face these same concerns, wondering if their child’s birth injury was preventable and how they can ensure the best possible future for their child.
At Brown Trial Firm, knowledgeable El Paso birth injury attorney Laura Brown is here to help. With years of experience and a practice dedicated solely to birth injury cases, she understands the legal complexities involved in these situations and the immense toll this can take on your family. That’s why she offers free consultations to answer your questions and help you understand your legal options.
Do you have a sinking suspicion that a medical error caused your child’s birth injury?
Laura Brown can uncover the truth and help you get the compensation you need to secure your child’s future.
Contact Brown Trial Firm to schedule a free consultation today.
Is a birth injury the same as a birth trauma?
No, a birth injury and a birth trauma are not exactly the same, although the terms are often used interchangeably.
Birth injury
Birth injury refers to any physical harm or damage a baby suffers during pregnancy, labor, delivery, or shortly after birth. These injuries can range from mild (such as minor bruising) to severe (such as brain damage or nerve injuries). While many birth injuries are caused by medical negligence, others result from unexpected complications during pregnancy, labor, or delivery that cannot be prevented.
Birth trauma
Birth trauma is a broader term that often encompasses the physical and emotional impact of injuries sustained during the birth process on both the baby and the parents. Birth trauma can involve both preventable and non-preventable circumstances but tends to focus on the overall experience of distress or harm during delivery.
While there is overlap between the two, “birth injury” is a more clinical term focusing on the physical injury itself, whereas “birth trauma” often refers to both the physical and emotional aftermath of a difficult or harmful birth experience.
What birth injuries most often result from medical mistakes?
While not all birth injuries result from a health care provider’s mistake, certain birth injuries are more commonly linked to medical errors during pregnancy, labor, or delivery. These injuries can have a wide range of symptoms and long-term effects, depending on the severity of the injury and the underlying cause.
Below are some examples of common birth injuries due to negligence, their symptoms, and the mistakes that can lead to them:
- Hypoxic-ischemic encephalopathy (HIE). HIE is a type of brain injury caused by a lack of oxygen and blood flow to the baby’s brain. Symptoms can include seizures, breathing difficulties, low Apgar scores, and developmental delays. This condition often occurs due to delayed responses to fetal distress, failure to perform an emergency C-section when necessary, or the mishandling of complications during delivery like fetal malposition (e.g., breech birth), a prolapsed umbilical cord, or a nuchal cord, where the umbilical cord is wrapped around the baby’s neck.
- Cerebral palsy (CP). Cerebral palsy is a group of neurological disorders affecting movement, muscle tone, and coordination, often resulting from brain damage during or immediately after birth. Symptoms of CP include muscle spasticity (abnormal muscle tightness), delayed milestones, and difficulties with speech or swallowing. Medical mistakes such as ignoring signs of oxygen deprivation during labor or mismanaging placental problems like placental abruption can lead to CP.
- Brachial plexus injuries (Erb’s palsy). A brachial plexus injury involves damage to the network of nerves controlling the shoulder, arm, and hand. This injury can result in weakness, paralysis, or abnormal arm positioning. Common causes include excessive pulling during delivery, improper use of vacuum extractors or forceps, or poor handling of shoulder dystocia.
- Fractures. Fractures during delivery, such as a broken clavicle, can cause limited movement, swelling, and pain. These injuries are commonly caused by improper handling of a large baby (macrosomia) or complications from a breech birth.
- Brain bleeds. A brain bleed (or intracranial hemorrhage) occurs when blood vessels in the baby’s brain rupture, often leading to seizures, lethargy, and even CP, depending on the area of the brain affected. This injury is frequently caused by excessive use of delivery tools (like vacuum extractors), failure to address prolonged labor, or mismanagement of situations involving large babies (known as fetal macrosomia) or cephalopelvic disproportion (where the mother’s pelvis isn’t big enough to deliver the baby).
- Kernicterus. Kernicterus is a severe form of brain damage caused by untreated jaundice, which leads to dangerously high bilirubin levels. Symptoms include a yellowing of the skin and eyes, high-pitched crying, lethargy, poor feeding, and abnormal muscle tone. This condition is often the result of failing to recognize or treat severe jaundice promptly after birth.
- Periventricular leukomalacia (PVL). PVL involves damage to the white matter of the brain and is commonly associated with oxygen deprivation or premature birth. Symptoms include delayed motor skills, poor coordination, and potential cognitive impairments. Medical negligence, such as inadequate monitoring of oxygen levels in preterm infants, can contribute to this condition.
- Cephalohematoma. Cephalohematoma is a collection of blood between the baby’s skull and periosteum, often caused by trauma during delivery. Symptoms include a firm, raised area on the head that develops hours after birth. It is commonly associated with the use of forceps or vacuum extractors.
This is not a complete list of birth injuries that can result from medical mistakes by an OB-GYN, midwife, delivery room nurse, or other health care professional.
If you suspect that your child’s birth injury may be the result of someone’s negligence, it’s crucial to discuss your situation with a local El Paso birth injury attorney before the statute of limitations expires, which would prevent you from filing a claim for compensation.
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What is childbirth accident compensation?
Childbirth accident compensation refers to financial support provided to families when a birth injury occurs due to medical negligence. If health care providers or hospitals fail to meet the expected standard of care during pregnancy, labor, or delivery, and this results in harm to the baby or mother, families may be entitled to compensation.
What does compensation cover?
Compensation can help alleviate the financial burden of a birth injury and may include:
- Medical expenses. This covers past, current, and future medical treatments, including surgeries, therapy, and medication.
- Ongoing care. This includes costs for long-term care or special accommodations, such as home modifications or assistive devices.
- Lost wages. If a parent must reduce or stop working to care for their child, this income loss can also be included in a compensation award.
- Pain and suffering. This includes compensation for physical pain and suffering and any emotional distress and reduced quality of life for both the child and their family.
- Educational needs. Expenses related to specialized education or learning support for the child can also be included.
What does it take to prove medical negligence?
To receive childbirth accident compensation, it must be shown that:
- A duty of care existed. The health care provider was responsible for ensuring the safety and well-being of the mother and child.
- A breach of that duty occurred. The provider’s actions or inactions fell below the accepted standard of care that a provider with a similar education and experience would have provided.
- The breach caused harm. The injury or complications directly resulted from the provider’s negligence.
- The harm resulted in damages. There are measurable impacts, such as medical costs or reduced quality of life.
Proving negligence can be complex, as it requires gathering evidence, consulting medical experts, and building a strong legal case. A birth injury lawyer can evaluate your case, guide you through the process, and compile the necessary evidence to get your family the compensation you need to secure your child’s future.
If you suspect medical negligence played a role in your child’s birth injury, don’t hesitate to seek legal advice. You have the right to answers and justice.
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How long do birth injury cases take to settle?
The time it takes to settle a birth injury lawsuit varies widely depending on factors such as the complexity of the case, the severity of the injury, and whether the case goes to trial. While some cases may settle within a few months if a doctor’s liability is clear, more complex cases involving detailed investigations, expert testimony, or disputes over fault and damages can take several years to resolve.
Consulting with an experienced birth injury attorney can help you understand the anticipated timeline in your child’s case so you know what to expect.
Where can I find a qualified El Paso birth injury attorney near me to help with my child’s claim?
Bringing a birth injury case to a successful resolution can be challenging, but you don’t have to navigate it alone. Laura Brown and the team at Brown Trial Firm are here to provide the guidance, support, and expertise that El Paso families need.
Since Laura focuses her entire practice on birth injury law, you can rest assured she has the knowledge and resources needed to tackle even the most complex cases. From investigating medical errors to building a strong legal claim, she’ll be by your side every step of the way.
Contact Brown Trial Firm today to schedule a free consultation, and let Laura Brown help secure a brighter future for your child.
