Houston Birth Injury Attorney
Bringing a child into the world is one of life’s most precious experiences. However, when something goes wrong during childbirth, it can turn a joyful occasion into a devastating ordeal. Simple mistakes or neglect by healthcare professionals could leave you or your child dealing with a lifetime of physical and cognitive challenges and place heavy emotional and financial burdens on your family.
If your child has suffered from a birth injury in Texas, it’s important to seek legal assistance from a qualified Houston birth injury lawyer. In fact, this can be the key step in protecting your child’s rights and securing the compensation you’ll need to cover medical expenses, therapies, and future care. At Barrera Law Group LLC, we are here for you during these difficult times.
Birth Injury Statistics
The Centers for Disease Control and Prevention (CDC) reported that there were 3,591,328 births in the U.S. in 2023. According to a research study by Medscape, for every 1,000 live births, six to eight newborns suffer injuries in our country.
While it’s true that Houston has its share of world-class hospitals, medical institutions, and healthcare professionals, birth injuries are a common occurrence. Unfortunately, injuries still happen to mothers and newborns.
Birth injuries don’t just affect the child. Family members and other loved ones also have to deal with the emotional and financial costs of these medical mistakes. Fortunately, there are legal options to help hold healthcare professionals and institutions accountable for medical negligence.
What Is a Birth Injury?
Birth injuries are physical injuries that an infant may suffer during labor or delivery. These can range from minor to severe, with some conditions being temporary while others result in lifelong disabilities.
While some birth injuries are simply unavoidable, others happen due to medical negligence or improper care during labor and delivery. A birth injury lawyer in Houston can help determine whether your child’s injury was preventable and if medical malpractice was a factor.
Mothers can also suffer preventable injuries during the labor and delivery process due to healthcare provider negligence and other factors.
Common Types of Birth Injuries
Common examples of injuries infants may suffer during childbirth include:
- Cerebral palsy: A group of disorders affecting movement and muscle coordination. Often linked to brain damage during childbirth due to oxygen deprivation or trauma. Over their lifetime, these children may face mobility, coordination, and speech challenges. They’ll likely need long-term therapy and assistance to help with their medical condition.
- Brachial plexus injuries: These occur when the nerves that control movement and sensation in the arms and hands are damaged during childbirth. Well-known brachial plexus injuries include Erb’s palsy or Klumpke’s palsy, affecting the baby’s ability to move their arm or hand.
- Bone fractures: Fractures of the clavicle (collarbone) or other bones may occur during childbirth, especially in cases of shoulder dystocia or breech presentations. While these injuries often heal without long-term consequences, they can cause pain and discomfort in the newborn.
- Hypoxia and anoxia: If oxygen deprivation occurs during birth, that can lead to brain damage. Both of these conditions can cause long-term neurological issues, developmental delays, and cognitive impairments.
- Spinal cord injuries: If there was damage to the spinal cord during birth, that can also result in paralysis or other neurological issues. As a result, a child may experience mobility issues and sensory functionality impairments. Managing these injuries often requires medical intervention, including years of rehabilitation and therapeutic care.
Many of these injuries require extensive medical care and long-term rehabilitation, creating a potentially massive financial burden for parents. Accidental circumstances may have caused some injuries, but some directly result from medical negligence.
In the latter types of cases, proving these circumstances can be the deciding factor in your ability to seek fair compensation for your damages and losses.
It can be helpful for you to consult with a Houston birth injury lawyer to assess whether you have a pursuable claim. Meeting with our attorneys at Barrera Law Group LLC to discuss your case is free.
Birth Injuries to Mothers
While much of the focus of birth injuries is on the infant, mothers can also suffer injuries and birth trauma as a result of medical negligence. The most common of these injuries can include:
- Vaginal tears: For those who give birth vaginally, they may experience perineal tears between the vagina and anus.
- Obstetric fistula: This complication involves a tear between the vagina and the bowel or bladder. In turn, the mother may not be able to control the passage of stools.
- Mechanical injuries: The improper use of birth-assisting tools, such as forceps or vacuum extractors, during childbirth can result in a range of complications and injuries for both the mother and the baby.
- Uterine Rupture: For the mother, injuries such as perineal tears or uterine rupture can occur.
Medical Malpractice and Birth Injuries
If you or your child has suffered any type of birth injury, it may be the result of medical malpractice.
Many times, these cases involve a breach of the duty of care. With this duty, there’s a legal obligation for doctors, nurses, or other healthcare providers to provide an accepted standard of care.
These healthcare providers owe this duty of care not only to you but also to your unborn child during pregnancy and childbirth. When a healthcare provider fails to meet the expected standard of care, it constitutes medical negligence. Often, this can include:
- Misdiagnosing conditions during pregnancy
- Failing to recognize signs of fetal distress during labor
- Mishandling delivery instruments, like forceps, vacuums, etc.
If you suspect medical malpractice is to blame for the harm you or your baby suffered, you will want to seek legal advice from our Houston birth injury attorney.
A birth injury lawyer plays a critical role in helping families seek justice and compensation for injuries caused by medical negligence. These lawyers specialize in medical malpractice cases, with a special focus on birth injuries, so they understand the complexities of medical law and the importance of holding negligent providers accountable.
Your lawyer will thoroughly investigate the circumstances surrounding your child’s birth by reviewing medical records, consulting with relevant medical experts, and determining if there were any errors or deviations from the accepted standard medical practice.
If medical negligence is found to have caused your child’s injury, your lawyer will build a compelling case to secure the compensation your family needs for future care, therapies, and other expenses.
It’s also important to be aware that Texas has a statute of limitations for birth injury cases, generally two years from the date of the injury, though there are some exceptions depending on the specific circumstances.
Failing to file within the allowed time frame can mean losing the right to pursue compensation.
Understanding the “duty of care” that healthcare professionals are responsible for and recognizing the common causes of birth injuries can provide invaluable insights into birth injury claims as well.
Reach Out to Our Compassionate Houston Birth Injury Lawyer
At Barrera Law Group LLC, we have experience representing families affected by medical errors.
Our team will investigate the circumstances surrounding the injury and pursue legal action if negligence plays a role. In many cases, you can seek compensation for your and your child’s medical expenses, rehabilitation costs, and other ongoing care.
After your child has suffered a birth injury, the emotional and financial costs can be overwhelming. However, you are not alone.
Contact us today to schedule a free consultation with a skilled and knowledgeable Houston birth injury lawyer.