With smart phones a part of everyday life, residents of Houston are likely
to see people on their phones just about everywhere. However, using a
phone during one’s job may be contrary to the standards of care for
that profession. Interestingly, a birth injury case in another state is
demonstrating that on-the-job phone usage predates the prevalence of cell phones.

One of the most well-known birth injuries, cerebral palsy may be the result
of a botched delivery process. In a birth injury case currently at trial,
a family claims their teenage son’s cerebral palsy was the outcome
of a rushed decision to use a vacuum extractor during birth. The mother
was in labor in March of 1998, and her physician, who is being sued for
malpractice, believed she was too exhausted to continue pushing her premature
baby out. The doctor decided to use a vacuum extractor device to pull
the baby out.

According to the attorney for the family, the decision to utilize the extractor,
which they claim caused the boy’s condition, was due to the doctor’s
being in a hurry at the time. The physician was on the phone with a BMW
service station prior to the boy’s birth; the family argues the doctor
was more concerned with getting his vehicle fixed than with patiently
waiting for the mother to give birth naturally. Now, the parents are seeking
compensation for damages for their 16-year-old’s permanent disability.

Vacuum extractors are used in about ten percent of deliveries. Their use
may generate controversy, as it is sometimes speculated that doctors use
them to rush a delivery along rather than for legitimate medical reasons.
In any case, it might be possible for a birth injury to result from the
use of such a device. Families whose children may have been hurt by a
vacuum pump may wish to speak with a Texas malpractice attorney for more