There is no greater joy than bringing your child into the world. There’s a mix of emotions with excitement, love, and a little fear. You have an overwhelming urge to protect your child at all costs. The last thing you should ever have to worry about is your medical team causing injuries to your new baby. 

The unfortunate truth, though, is that birth injuries happen quite often. In 2019, there were 3,869 birth injuries reported in Texas. These injuries may have been caused by medical negligence and could have been prevented. You may feel as if you’re lost in the process of seeking justice for your baby. We’re here to help with navigating legal issues after a birth injury. 

Types of Birth Injuries 

Many different types of injuries can occur during childbirth. While not all ailments can be prevented, in several cases, negligent doctors and medical teams are the cause of preventable birth injuries. Whether it be from improper use of medical equipment or failure to check the health and safety of mom and baby properly, your medical team has a duty to provide the best care possible. Here are some of the most common types of birth injuries. 

  • Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. Cerebral palsy can be caused by permanent brain damage that occurs during childbirth due to oxygen deprivation or trauma. 
  • Brachial plexus injuries are injuries to the nerves that control the muscles in the shoulder, arm, and hand. Brachial plexus palsy injuries, such as Erb’s palsy, can occur when the baby’s shoulder becomes stuck during childbirth. 
  • Brain damage can occur when medical professionals fail to provide immediate care to babies in distress or when certain diseases go undiagnosed. 
  • Spinal cord injuries can cause paralysis, weakness, or loss of sensation in the affected areas of the body. A spinal cord injury can occur during difficult deliveries or when professionals don’t take appropriate and necessary caution during childbirth. 

Each type of birth injury can significantly affect the child’s development and quality of life for the entire family. If you suspect your child could have been injured due to negligence during birth, it is important to contact a qualified personal injury attorney. They will evaluate your case and guide you on the next steps. 

Common Medical Malpractices 

Many people think medical malpractice only refers to the intentional misuse of medications, and these are common issues in these cases. However, medical malpractice during childbirth can happen in many different ways. 

Intentional or not, incorrect dosage or type of medication can lead to complications. The same could be said for the inappropriate use of medical equipment. Misusing forceps or vacuum extractors and causing physical injuries could lead to a medical malpractice suit as well. Even after a healthy delivery, maneuvering the baby without proper care could lead to nerve damage or other injuries. 

Aside from these well-known forms of negligence, one of the most common forms of medical malpractice is the failure to monitor or neglect to properly monitor the baby’s and mother’s vital signs. If there are natural complications during childbirth, it is your medical team’s responsibility to act immediately. 

For example, if the mother or the baby is in distress, that may require an emergency C-section to save the lives of both individuals. If the doctor delays this procedure, or your medical team fails to report the signs of distress, they could be liable for injuries in a medical malpractice suit.  

Compensation Available in Texas 

In Texas, parents of a child who has suffered a birth injury due to medical negligence may be entitled to various forms of compensation to relieve the costs of ongoing medical care. 

  • Medical expenses, covering both current and future medical treatments necessary for the child’s condition. 
  • Rehabilitation costs, including physical therapy, occupational therapy, and other necessary services. 
  • Lost wages for any time parents have to take off work to care for their injured child. 
  • Non-economic damages such as pain, suffering, and loss of quality of life for the affected child and their family. 

Many families are discouraged from seeking financial compensation after their child has suffered an injury. However, there should be no shame in seeking justice for your loved one. While no amount of money could make up for the injuries and distress you and your family have experienced after a birth injury, you shouldn’t be left to handle the financial burden caused by medical negligence. 

Why You Should Hire an Attorney 

Navigating legal issues after a birth injury can be complex and overwhelming, especially with a new baby! You don’t have to go through this alone. A personal injury attorney can offer guidance and reassurance during a difficult and emotional time for your family. 

While you focus on caring for your child, a skilled personal injury attorney can determine the validity and strength of your case based on medical records and expert testimony. They can also help you gather evidence and collect necessary documentation and medical expert opinions to support your claim. 

The insurance company is in the business of minimizing claims. So, when it’s time to negotiate a settlement, your attorney will engage with insurance companies and hospital representatives to obtain full value on your behalf. Most personal injury cases are handled outside of the courtroom. However, if the insurance company refuses to play fair, your attorney will help you file a lawsuit. From there, they will advocate for you in court to secure the best possible outcome for your case. 

A knowledgeable attorney can help you and your child receive the justice and compensation you deserve, allowing you to focus on what’s most important—your child’s health and well-being.