Midland Birth Injury Attorney

While bringing a new life into the world is supposed to be a beautiful moment in any family’s life, it’s far too often marred by complications. There are myriad reasons why birth injuries can occur, and in many cases, could have been prevented through timely medical attention.

In cases where neglect or other forms of medical malpractice occurred, it may be possible to file a lawsuit to seek compensation to help cover the cost of ongoing medical care for you or your child, the pain and suffering it caused, and any other damages associated with these preventable incidents. A Midland birth injury lawyer can help.

Birth injuries can have serious long-term consequences for both the child and parents, and it’s important to take the steps you need to fight for your rights when your safety and that of your newborn infant are violated. If you are looking to take legal action, it’s important to work with a law firm you can trust. At Barrera Law Group LLC, we have spent years managing these types of cases at the negotiation table and in court. We’re ready to help fight for the justice you deserve. Give us a call to discuss your case.

Risk Factors Associated With Birth Injuries

Understanding and identifying potential risk factors is a key step in addressing and potentially preventing birth injuries before they occur. Both the mother and fetus can show warning signs that issues may affect the health of the child during the birth. It’s important for your doctor to keep a close eye out for any of these signs and take steps to mitigate or prepare solutions for them before they progress too far, such as:

Maternal Risk Factors

The following factors may leave moms prone to injuries during the labor and delivery process:

• Pelvis shape and size: Certain pelvis can cause problems when giving birth to a child. In these cases, the child could twist around and struggle to pass through the birth canal, potentially leading to asphyxia.
• Difficulty throughout labor or during the delivery: Also known as dystocia, extended difficulty through the birthing process can be a sign that the fetus is awkwardly positioned or that the cervix is having difficulty expanding, both serious conditions that can leave the child stuck in the birth canal for an extended period.
• Prolonged labor: In most cases, the longer it takes for the child to exit the birth canal, the higher the risk of a birth injury or defect is to occur.

Infant Risk Factors

Babies are most at risk of suffering birth injuries when there is a/an:

• Abnormal fetal position: If the fetus is positioned feet or buttocks-first (breech position) or lying sideways (transverse position), there is an increased risk of birth injury. If the fetus remains in either of these positions after about the 36-week mark, it’s vital to have a conversation with your doctor about potential ways to avoid complications.
• Premature birth: Giving birth before the 37^th week of pregnancy can be extremely dangerous to the health of a child, with increasing risk the earlier the baby is born, per the Centers for Disease Control and Prevention (CDC). Some of the key factors that can lead to an increased chance of a preterm birth include teen pregnancy, women over the age of 35, carrying more than one fetus (twins, triplets, etc.), infections during pregnancy, tobacco and drug use, and more.
• Abnormally large fetuses: Infants weighing more than eight pounds 13 ounces, also known as macrosomia, have an increased risk of a difficult delivery, thereby increasing the risk of a birth injury or defect.

Common Types of Birth Injuries

Birth injuries affect thousands of newborn children every year, many of which could have been prevented through proper medical care and attention. Some of the most common types of injuries that occur during childbirth include:

• Brachial Plexus: One of the most prevalent birth injuries involves damage to the brachial plexus, a network of nerves controlling movement and sensation in the arms and hands. Also known as Erb’s palsy, this injury often occurs during a difficult delivery, especially when excessive force is applied to the baby’s head and neck. According to the American Academy of Orthopedic Surgeons, brachial plexus injuries happen in approximately one to two infants per 1,000 births.
• Cerebral Palsy: This condition refers to a group of disorders affecting a person’s ability to move and maintain balance and posture. Although it is not always a result of birth trauma, complications during delivery can contribute to its development. Widely available online statistics suggest that as many as 10,000 babies are diagnosed with cerebral palsy every year.
• Hypoxic-Ischemic Encephalopathy: Also known as HIE or birth asphyxia, this is a severe type of brain damage that can occur when the infant is deprived of oxygen for a prolonged period. It is one of the leading causes of neonatal death and occurs in an estimated 1% to 2% of live births.
• Facial Nerve Injuries: Pressure on the baby’s face during delivery can sometimes lead to facial nerve injuries. This can cause temporary or, in rare cases, permanent facial paralysis.
• Fractures and Bone Injuries: Fractures and bone injuries can occur, particularly during a difficult delivery or with the use of forceps. While fractures heal with time, they can cause discomfort and require careful attention.
• Intracranial Hemorrhage: Intracranial hemorrhage refers to bleeding within the baby’s skull, potentially leading to brain damage. This condition can result from trauma during delivery. The incidence rate is relatively low, occurring in about two to four cases per 1,000 live births.

While birth injuries are not the norm, understanding their potential causes and effects is crucial for parents and families. Awareness of these common types of injuries is essential for those who may be forced to navigate the complexities of legal action.

Whether you or your baby have suffered one of these injuries or a different one, you owe it to yourself to learn more about your rights. A Midland birth injury lawyer like ours can advise you of them during an initial consultation. So, reach out to us to schedule one now.

Long-Term Effects of Birth Injuries From Malpractice

Birth injuries resulting from malpractice can have lasting effects on a mom, baby, and the family, often requiring ongoing care and support. It can be both financially and emotionally taxing to care for a child with severe birth injuries, especially when those injuries could have been prevented. Some of the long-term effects that can be caused by birth injuries include:

• Motor function impairments
• Speech and language challenges
• Limited range of motion
• Muscle weakness
• Facial asymmetry
• Swallowing issues
• Cognitive impairments
• Behavioral challenges
• Orthopedic issues
• Chronic pain
• Neurological impairments
• Developmental delays

It’s crucial to recognize that the long-term effects of birth injuries can extend beyond physical implications. Families may experience emotional distress, financial strain, and lifestyle adjustments when caring for a child with a birth injury caused by malpractice. In a prior report from the CDC, birth injuries had an average lifetime cost of nearly $1 million (roughly $1,715,565, now accounting for inflation).

What Steps Can You Take After a Birth Injury?

Learning that your child may be facing a lifetime of additional struggles because of something that happened at birth can be all-consuming, making it extremely difficult to plan and prepare beyond that moment. However, when those birth injuries were caused by malpractice or negligence, taking action to secure the compensation you may need to pay for medical treatment, physical therapy, counseling, and more is vital. Determining the cause of a birth injury can be complex, and proper documentation and evidence collection are essential for legal proceedings.

In addition to documenting the incident and gathering evidence, it’s also essential for families to seek medical and legal guidance upon discovering a birth injury. Prompt medical assessment can provide crucial insights into the nature and extent of the injury, while legal assistance can help families understand their rights and the potential avenues when seeking recourse.

If you are looking to take legal action, there are two key types of birth injury lawsuits: medical malpractice and wrongful death cases. Wrongful death cases can be filed if the infant’s death could have been prevented with timely medical care or if an action taken by a medical professional during pregnancy, the delivery, or shortly following the delivery resulted in death. Proving negligence, either in a wrongful death case or in a medical malpractice case can be difficult, but an experienced birth injury attorney can help you uncover the necessary evidence and craft a case that helps you secure the compensation you deserve.

Why You Should Hire a Midland Birth Injury Lawyer

If you are looking to file a lawsuit against a doctor, nurse, medical facility, or some combination of the responsible parties in Texas, it’s important to work with a law firm you can trust. At Barrera Law Group LLC, we have dedicated our careers to fighting for the rights of injured victims and their families. Medical malpractice cases, especially ones involving birth injuries, can be extremely complicated and taxing processes to manage, both because of the complexity of the legal arguments and because of the emotional turmoil surrounding newborn infants.

Each Midland birth injury lawyer in our office is well-versed in what it takes to fight for and secure the maximum compensation possible. Since we first opened our doors, we have successfully secured more than $100 million in verdicts and settlements, and we are committed to providing the fierce and knowledgeable legal representation our clients deserve in their time of need. If your child suffered a serious birth injury because of medical malpractice or negligence, reach out to our firm to schedule a free, no-obligation consultation and discuss your legal options today.