The excitement and anticipation of parents expecting a newborn are the highest emotions felt by humans. Even before a child is born, the conversations parents have with their friends and family are filled with the hopes and dreams for their child.
Because of these heightened emotions, a birth injury can be absolutely devastating. Nothing can compare to the loss a parent feels when the vision for their child’s future is shattered.
While a birth injury lawsuit won’t completely absolve the anguish a parent might feel, the suit can help with the financial troubles the parents may face for their child’s future. A suit may also help parents to find closure knowing that the provider who caused the injury accepts responsibility for their actions. Contact our Dallas birth injury lawyers today for the justice you and your child deserve.
What is a Birth Injury?
Birth injuries refer to a physical injury that occurs during the birthing process of a child. These lawsuits are subset of the medical malpractice area of law. Medical malpractice is a form of negligence when a provider fails to meet the standard of care that an ordinary provider would use in that particular medical situation.
In the case of birth injuries, the common case brought is in regard to what an OB/GYN would use during child birth, either in diagnosis or in actual delivery.
What are Common Types of Birth Injuries?
Brachial palsy. Brachial Palsy occurs when the group of nerves that supplies the arms and hands (brachial plexus) is injured. This injury is most common when there is trouble delivering the baby’s shoulder, (known as shoulder dystocia). The baby loses the ability to flex and rotate the arm.
Bruising or forceps marks. Some babies may show signs of bruising on the face or head due to the trauma of passing though the birth canal and the contact with the mother’s pelvic bones and tissues.
Caput succedaneum. Caput is the significant swelling of the soft tissues of the baby’s scalp. This develops as the baby travels through the birth canal. Babies delivered by vacuum extraction are more likely to have this condition.
Cephalohematoma. An area of bleeding between the skull bone and its fibrous covering. The injury often appears several hours after birth as a raised lump on the baby’s head. If the area of bleeding is large, some babies may develop jaundice as the red blood cells break down.
Facial paralysis. During labor or birth, pressure on a baby’s face may injure the facial nerve. This may also occur when forceps are used for delivery.
Fractures. Fracture of the clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there is trouble delivering the baby’s shoulder or during a breech delivery. A baby with a fractured clavicle rarely moves the arm on the side of the break. However, healing occurs quickly.
Is Every Injury during Birth Recoverable?
Unfortunately, not every birth injury is preventable. Every procedure has some level of statistical risk than can occur. As mentioned previously, the standard of care that is used to judge whether or not a lack of carelessness caused an injury is that which a professional would use in the course of that medical procedure.
In the case of child birth, there are a series of tests and exams performed that occurs to determine whether or not the birth of a child could pose harm to the mother and whether there is a probability that the child could be harmed in the process. Birth injury cases can get extremely complicated and may require medical professionals to weigh in on whether the professional standard was met.
Even the most skilled and competent professional is subject to medical malpractice insurance. Often, these cases will go to the medical malpractice insurer who is incentivized to settle the case as quickly and affordable as possible. However, if you took every precaution available in preparation for your child, you must remember that the fault lies somewhere. The incentive is more than just assigning blame – the medical bills and lifestyle costs that your child must now incur to maintain a stable lifestyle need to be covered.
Our Birth Injury Lawyers Will Bring You Justice
A birth injury case is complicated and filled with emotions. At Mathias Raphael PLLC Accident & Injury Lawyers, we have a team of qualified Dallas birth injury lawyers who see the need for more than just monetary compensation. We are here to walk you through every step of the process so that you and your child can find renewed hope in the future that was taken away.