Nothing can ever prepare you for receiving bad news after a difficult labor and delivery. The happy and joyful emotions of welcoming a new child into the world can be overwhelmed by negative feelings of sadness, anger, and confusion when you learn that something went wrong.
Rest assured that these feelings are completely normal, and having questions is not only normal but necessary for your baby’s health and future well-being. As you begin to process what happened during your delivery, you may find yourself wondering: Could my baby’s injury have been prevented?
At Brown Trial Firm, experienced Fort Worth birth injury attorney Laura Brown is dedicated to helping families like yours get the answers they deserve.
Laura understands the emotional and financial toll a birth injury can take on a family. That’s why she’s committed to listening to your family’s story and investigating your case thoroughly to help you determine if medical negligence may have played a role in your child’s injury.
Learn more about how Brown Trial Firm can help your family get the justice and compensation you deserve by scheduling a free consultation today.
What is the difference between a birth defect and a birth injury?
A birth defect is a condition that occurs while a baby is developing in the womb, often due to genetic factors, environmental exposures, or unknown causes. Birth defects are typically present at birth and can affect various parts of the body, such as the heart, brain, or limbs. These conditions may be unavoidable and are often detected during pregnancy through prenatal screenings or after birth.
A birth injury, on the other hand, can occur during pregnancy, during the labor and delivery process, or immediately after birth. While some birth injuries result from unforeseen complications that occur during natural, healthy births, others are a direct result of medical mistakes. Unlike birth defects, birth injuries are often preventable with proper medical care and attention.
What are the birth injuries due to negligence?
Birth injuries caused by medical negligence occur when health care professionals, like OB-GYNs and delivery room nurses, fail to provide the standard of care expected during pregnancy, labor, or delivery, resulting in harm to the baby.
Common birth injuries due to negligence include:
- Cerebral palsy (CP). CP is often the result of delayed or improper responses to signs of fetal distress, such as prolonged oxygen deprivation (hypoxia) during delivery. This condition can lead to permanent brain damage, affecting movement, muscle tone, and posture.
- Hypoxic-ischemic encephalopathy (HIE). HIE occurs when a baby suffers from oxygen deprivation during birth, often due to a delay in performing a necessary C-section or a failure to respond to signs of fetal distress from problems like umbilical cord issues or placental complications. This condition can result in serious brain damage with long-term developmental consequences, including cerebral palsy.
- Brachial plexus injuries. These involve damage to the nerves that control the arm and hand, often causing weakness or paralysis, with Erb’s palsy being a common type. Brachial plexus injuries often result from the use of excessive force or improper handling during delivery, particularly when the baby’s shoulder becomes stuck (shoulder dystocia) and medical staff fail to follow proper protocols.
- Fractures. Mismanagement of labor complications or the improper use of delivery tools like forceps or vacuum extractors can cause broken bones, such as a fractured collarbone.
- Facial nerve damage. Facial nerve damage can occur when excessive pressure is applied to the baby’s face, either from difficult delivery conditions or improper use of instruments like forceps or vacuum extractors. This pressure can compress the facial nerves, especially during prolonged or complicated deliveries involving larger babies or cephalopelvic disproportion, leading to temporary or permanent facial paralysis.
- Meconium aspiration syndrome. Meconium aspiration syndrome can occur when medical professionals fail to properly monitor the baby’s distress in utero, allowing the baby to inhale meconium (the baby’s first stool) before delivery. This can lead to severe respiratory problems, as the meconium can block the baby’s airways.
These injuries are often preventable with appropriate medical care. When negligence occurs, families may have the right to pursue compensation for the injury and the impact it has on their child’s future.
How do you diagnose a birth injury?
Diagnosing a birth injury involves a multi-faceted approach that typically includes:
- Physical examination. A detailed physical exam of the newborn is performed, focusing on neurological function, reflexes, muscle tone, and any signs of trauma or distress.
- Imaging studies. Depending on the suspected injury, various imaging studies may be ordered, such as:
- Ultrasounds. Used to assess internal organs, bleeding, or swelling.
- X-rays. Can reveal fractures or dislocations.
- CT scans. Provides detailed images of the brain and other structures, helping to identify bleeding or other abnormalities.
- MRIs. Offers even more precise images of the brain and spinal cord, essential for detecting subtle damage.
- Neurological assessments. These may include tests like electroencephalograms (EEGs) to measure brain activity and detect seizures or other neurological dysfunction.
- Genetic testing. In some cases, genetic testing may be recommended to identify potential underlying causes of birth injuries, especially if there is a family history of certain conditions.
- Developmental assessments. This involves tracking the child’s progress over time in reaching developmental milestones, with the goal of identifying any delays or concerns.
Early diagnosis is critical for birth injuries, as prompt treatment and intervention can significantly improve outcomes and help children reach their full potential. If you suspect your child may have sustained a birth injury, it’s essential to seek an immediate medical evaluation and consult with a qualified birth injury attorney to explore your legal rights.
Common myths & facts about birth injuries
Learn about some of the biggest misconceptions surrounding medical malpractice during labor and delivery.
How do I know if my baby’s birth injury was a medical mistake?
Determining if your baby’s birth injury was a result of a medical mistake can be a complex and emotionally challenging process. It hinges on the concept of standard of care, which refers to the level of care that a reasonably competent medical professional would have provided in a similar situation.
If a health care provider deviated from this standard of care and their negligence caused an injury, it may constitute medical malpractice.
A birth injury attorney can play a vital role in proving a doctor or other medical professional did not provide the appropriate standard of care and that failure led to a birth injury. They have the expertise and resources to:
- Review medical records meticulously. They can identify any red flags or inconsistencies that suggest negligence.
- Consult with medical experts. Attorneys work with experienced medical professionals who can provide expert opinions on the standard of care and whether it was breached.
- Investigate the circumstances surrounding the birth. This may involve interviewing witnesses, obtaining additional medical records, investigating any past medical negligence by the provider, and reviewing hospital policies and procedures.
Based on their findings, an attorney can assess whether there is enough evidence to pursue a medical malpractice claim.
Get help from an experienced Fort Worth birth injury attorney
As a parent, nothing is more devastating than learning that your baby’s suffered a preventable birth injury. The emotional pain, confusion, and anger you feel are completely valid, and it’s natural to have questions about what went wrong and whether it could have been prevented.
At Brown Trial Firm, skilled Fort Worth birth injury attorney Laura Brown understands the immense challenges your family is facing and is here to help. With her experience and compassion, Laura is dedicated to investigating your case thoroughly to help you determine if medical negligence played a role in your child’s injury.
If you’re seeking answers and justice for your child, don’t wait. Contact Laura Brown today to schedule a free consultation and learn how she can assist you in obtaining the compensation your family deserves for your child’s care and future.
