From the moment a mother finds out she is pregnant, it is important to
make sure proper monitoring is done and that the mother is completely
aware of the situation. There are a number of factors of which to be aware,
such as vital signs, heart rate, and glucose. The doctor must make sure
that the mother and baby are monitored or there may be an increased risk
of a serious birth injury. This is a situation that not many mothers are
aware of, making it difficult to fully understand what’s happening,
what it means for the child, and how it affects the lives of baby and
At Hampton & King, our
Houston birth injury attorneys want to make sure you are fully aware of what can happen during the pregnancy
and labor process. While it is important to make sure you and the baby
receive the best possible treatment, you must keep in mind that you have
the right to take legal action if a birth injury was caused by negligence.
Our firm provides a complete birth injury guide you so you can understand
what birth injuries are, what causes them, who can be held accountable and more.
Table of Contents
Types of Birth Injuries
When it comes to birth injury types, there are several that can affect
you or your baby. The effects can range from muscle-related damage to
brain trauma to physical or mental disabilities. Birth injuries are wide
ranging and can be caused by a number of factors, but understanding some
of the causes is important. For instance, the umbilical cord may wrap
around a baby’s neck, causing perinatal asphyxia in which the baby
does not receive enough oxygen to the brain. This situation can result
in a serious brain injury or even worse, death.
Other birth injuries can include cerebral palsy, brachial plexus, Erb’s
palsy, Klumpke’s palsy, and Hypoxic Ischemic Encephalopathy (HIE).
Statistics show that roughly 6 to 8 babies out of every 1,000 are born
with some kind of birth injury. This correlates to about 28,000 babies
born each year with a birth injury. Some of the most common include hypoxia,
bone fractures, spinal cord injuries, facial paralysis, and intracranial
Birth Injury Causes
Birth injuries can occur either during the pregnancy, during delivery,
or immediately following birth, and for a number of reasons. Different
birth injuries are caused by different factors, but may commonly include:
- Failure to monitor fetal heart rate or distress;
- Umbilical cord compression or prolapse;
- Delayed delivery;
- Use of forceps or vacuum.
These actions can result in serious injuries and it is important to determine
who is liable in these types of accidents. This is why you receive help
to determine liability, examine the birth injury, potential causes, and more.
Depending on the situation, there are a number of parties who may be considered
liable in a birth injury case. Sometimes, liability falls on the doctor
who is performing the delivery or who was to be monitoring the mother
and baby over the course of the pregnancy. In other situations, however,
liability may fall on the hospital if it did not monitor the baby properly
or if the nurses did not communicate essential information to the doctor.
If a nurse is monitoring the mother and baby during labor and fails to
notice need for an emergency delivery, the hospital may be held accountable as well.
Many effects of birth injuries require long-term care and treatment. Some
cases require numerous surgeries to help correct the problem. It is a
situation in which the baby’s quality of life may be affected and
future use of a wheelchair or other needs for assistance is necessary.
As the child grows, he or she may also need to undergo physical therapy.
These may be all parts of a claim if you decide to pursue legal action.
Filing a Claim
It is important to understand that you may have legal options if your baby
suffered a birth injury. As devastating as birth injuries are to the health
of your baby, they can also impact your financial well-being due to medical
bills, future medical needs, and special equipment you may need to buy.
You may be able to file a claim designed to help you seek compensation
from the liable parties and help you cover expenses accrued over the time
you or your baby spent in the hospital or for future medical treatment.
Damages To Which You May Be Entitled
Depending on the situation, you may be able to file a claim seeking damages
for pain and suffering, hospital bills, and future treatment. If you —
the mother — were injured by some kind of birth injury, and were
forced to miss an extensive period of time from work, a claim may cover
the lost wages as well.
Before you do anything, it is best to speak with a Houston birth injury
lawyer. Having skilled representation on your side can help you determine
the cause of the injury, who was liable, and what action may be taken.
Our firm is dedicated to protecting the rights of individuals who have
suffered at the hands of someone else.
Call us today to discuss your potential claim.
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