The U.S. has one of the highest standards for obstetrical care in the world, yet labor and delivery remain the most medically dangerous times for a woman. Even seemingly small missteps can threaten the lives of both mother and baby. When physicians fail to meet the standard of care, and babies or mothers are injured as a result, our Houston birth injury attorneys at Hampton & King are prepared to fight for justice.
We have handled a broad range of birth injury and medical malpractice cases and have developed the ability to identify the factors and root causes involved in these cases. When you entrust your case to our firm, we carry the legal burden for you. You can rest easier knowing we are backed by the following:
- We have a proven track record and have recovered hundreds of millions for our clients
- We have a combined 70 years of experience handling a variety of medical negligence cases
- We have been recognized by our peers as leaders in birth injury and medical negligence litigation
Call (713) 658-0231 to get in touch with Hampton & King. Our medical malpractice lawyers in Houston will evaluate your case for free to determine what legal rights and options you might have.
Common Causes of Birth Injuries
Yale Medicine describes a high-risk pregnancy as when a woman and her fetus face a higher-than-normal chance of experiencing complications. Medical staff must respond appropriately to these high-risk pregnancies and other complications during delivery. However, when they fail to do so, they allow for the possibility of the following, which are all events that could contribute to permanent injury, disability, or death.
- Infections
- Trauma
- C-section mistakes
- Fetal heart monitoring mistakes
- Hypoxic or anoxic brain injury
- Improper newborn intubation
- Improper resuscitation
- Labor and delivery errors
- Mismanagement of Group B Strep
- Pitocin mistakes
Serious birth injuries can have lifelong consequences, requiring extensive medical care, rehabilitation, and specialized support. A Houston catastrophic injury lawyer can help families navigate the legal process by investigating whether medical negligence contributed to the injury, gathering expert testimony, and holding responsible parties accountable.
Mishandled Pregnancy Complications
Some pregnancies are inherently high-risk while other complications do not manifest themselves until labor or delivery. If complications are not handled properly, they can lead to serious and permanent injuries to mother or child. Below are some common pregnancy complications.
- Cephalopelvic disproportion
- Fetal distress and oxygen deprivation
- Gestational diabetes
- Large fetus
- Perinatal asphyxia
- Perinatal hypoxia
- Postpartum hemorrhage
- Preeclampsia / HELLP Syndrome
- Prolapsed umbilical cord
- Umbilical cord entrapment
- Uterine rupture
What Injury Conditions Can Be Caused by a Birth Injury?
When a child is injured during labor or delivery, it could lead to permanent disability or disfigurement. Some conditions that could arise because of a birth injury include:
Brachial Plexus Injuries
The National Institutes of Health (NIH) defines the brachial plexus as a network of nerves that controls movement and sensation in the shoulder, arm, and hand. Injuries to this network can occur if the baby’s shoulder is stretched excessively during delivery:
- Erb’s Palsy: This occurs when the upper part of the brachial plexus is damaged, often during shoulder dystocia when the baby’s shoulder becomes stuck in the birth canal. Babies with Erb’s Palsy may have limited movement or paralysis in the affected arm. While some cases resolve with therapy, others may require surgical intervention.
- Klumpke’s Palsy: Damage to the lower part of the brachial plexus can cause weakness or paralysis of the hand and forearm. This type of injury may result in a “claw hand” appearance.
Cerebral Palsy
Cerebral palsy is a group of disorders that affect movement, posture, and muscle tone, usually caused by brain damage before, during, or shortly after birth. Birth-related causes include:
- Prolonged labor or delivery complications leading to oxygen deprivation.
- Improper use of delivery tools such as forceps or vacuum extractors.
- Delayed response to fetal distress. Symptoms may vary from mild coordination issues to severe motor disabilities, and associated conditions like intellectual disabilities or seizures.
Cerebral Palsy attorneys in Houston can help victims of birth injuries by investigating potential medical negligence, advocating for their rights, and pursuing compensation for medical care, therapy, and long-term support.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE occurs when the baby’s brain is deprived of adequate oxygen and blood flow during labor or delivery. It can cause brain damage that may lead to developmental delays, cerebral palsy, or epilepsy. Common causes include:
- Prolonged labor or uterine rupture.
- Umbilical cord complications, such as cord prolapse or tight nuchal cord.
- Placental abruption. Prompt medical intervention can sometimes reduce the severity of long-term effects.
Houston Hypoxic Ischemic Encephalopathy lawyers can help families determine whether medical negligence played a role, hold responsible parties accountable, and pursue compensation for medical care, therapy, and other necessary support.
Clavicle Fractures
The clavicle, or collarbone, is the most commonly fractured bone during delivery. This typically occurs when the baby’s shoulders are too large for the birth canal, as in shoulder dystocia. Signs include swelling, limited arm movement, or a lump along the clavicle. Most fractures heal naturally within weeks with minimal treatment.
Cephalohematoma
Cephalohematoma is a collection of blood under the baby’s scalp, often caused by pressure during delivery. Risk factors include the use of delivery tools like vacuum extractors. While cephalohematoma usually resolves on its own within weeks, severe cases may lead to complications such as anemia or jaundice.
Caput Succedaneum
This condition involves swelling of the baby’s scalp due to prolonged pressure during labor, especially if labor is extended or vacuum-assisted. Although the swelling can look alarming, it typically resolves without medical intervention and poses no long-term risk.
Facial Nerve Damage
Facial nerve damage can occur due to pressure on the baby’s face during labor or improper use of forceps. This injury can result in asymmetrical facial movement, such as difficulty closing one eye or smiling. Mild cases may resolve naturally, while severe cases may require surgical repair or therapy.
Intracranial Hemorrhage (Brain Bleeding)
- Subdural Hemorrhage: Bleeding occurs between the brain and its outermost covering, often caused by trauma during delivery or improper use of delivery tools.
- Subarachnoid Hemorrhage: Bleeding in the space around the brain, common in preterm infants or those delivered after prolonged labor. Both types of hemorrhages can result in seizures, developmental delays, or long-term neurological issues if not promptly addressed.
Spinal Cord Injuries
Spinal cord injuries during birth are rare but severe. They can occur if excessive traction, twisting, or pressure is applied during delivery, especially in breech presentations. Such injuries can lead to paralysis, loss of sensation, or even death. Careful monitoring and proper delivery techniques are essential to minimize risk.
Perinatal Asphyxia
Perinatal asphyxia occurs when a baby doesn’t get enough oxygen before, during, or immediately after birth. Causes include umbilical cord compression, placental abruption, or prolonged labor. Without adequate oxygen, vital organs like the brain and heart can suffer damage, leading to developmental delays, cerebral palsy, or organ dysfunction.
Shoulder Dystocia
This delivery complication occurs when the baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head is delivered. It can lead to:
- Fractures (clavicle or humerus).
- Brachial plexus injuries.
- Oxygen deprivation, potentially resulting in HIE or brain damage. Quick and skilled medical intervention is crucial to safely resolve shoulder dystocia and prevent long-term complications.
Meconium Aspiration Syndrome
This condition occurs when a baby inhales a mixture of meconium (the baby’s first stool) and amniotic fluid, which can block the airways and lead to breathing difficulties or lung infections. Severe cases may require oxygen therapy or mechanical ventilation. Timely suctioning and monitoring can prevent complications.
Birth Trauma from Delivery Tools
The improper use of delivery tools like forceps or vacuum extractors can cause injuries such as:
- Lacerations or Bruising: Cuts or bruises on the baby’s head, face, or scalp.
- Nerve Damage: Pressure on the facial nerves, leading to temporary or permanent paralysis.
- Skull Fractures: Rare but serious injuries that can lead to brain damage or intracranial hemorrhage. Proper training and careful use of these tools are essential to minimize risks.
Who is Sued in a Birth Injury Lawsuit in Houston?
When a birth injury occurs, determining who is legally responsible is a crucial step in seeking justice for your child and your family. Birth injuries often result from medical negligence during prenatal care, labor, or delivery. Depending on the circumstances, various healthcare providers and entities involved in the childbirth process could be held accountable.
Midwives
Midwives provide prenatal care, assist during labor, and help with delivery. They are often employed for low-risk pregnancies, but their scope of practice may vary depending on the state or country.
Potential areas of negligence include:
- Failing to recognize complications, such as fetal distress or abnormal positioning.
- Delaying referral to a higher-level medical provider when the delivery requires advanced intervention.
- Improper handling of labor, such as using unsafe delivery techniques or failing to monitor the baby’s vital signs.
If a midwife fails to meet the standard of care expected in their field, they may be held liable for injuries to the baby or mother.
Obstetricians and Gynecologists (OB-GYNs)
OB-GYNs are medical doctors who specialize in pregnancy, childbirth, and women’s reproductive health. They oversee high-risk pregnancies and manage complex deliveries.
Negligent actions could include:
- Mismanagement of high-risk pregnancies, such as failing to monitor maternal health conditions like preeclampsia or gestational diabetes.
- Failing to perform a timely cesarean section (C-section) when medically necessary.
- Misusing delivery tools like forceps or vacuum extractors, leading to injuries such as fractures, nerve damage, or brain trauma.
- Failing to detect or address signs of fetal distress.
If an OB-GYN’s actions or inactions fall below the accepted standard of care, they can be held responsible for resulting injuries.
Other Physicians (Doctor Malpractice)
Beyond OB-GYNs, other doctors involved in the childbirth process, such as anesthesiologists, neonatologists, or pediatricians, may play a role in the outcome.
- Anesthesiologists: Errors in administering epidurals or anesthesia can harm both mother and baby. For instance, improper dosage could lead to complications like oxygen deprivation or maternal injuries.
- Neonatologists: These specialists care for newborns, especially those born prematurely or with medical complications. Errors in diagnosing or treating newborn health issues can result in further injury.
- Pediatricians: Failing to identify or treat injuries or conditions like jaundice, infections, or brain injuries post-delivery may lead to long-term complications.
Any doctor whose negligence contributes to a birth injury can be named in a lawsuit.
Contact Our Houston Birth Injury Lawyers Today
Our Houston birth injury attorneys have more than half a century of combined experience to inform every case we handle. This means that we not only understand the law as it currently stands, but we understand its development as well. With that unique insight, we are able to provide representation that is rooted by the most recent developments in both the law and medical technology. It is just one more way we can help you.
Contact our Houston birth injury attorneys today for a free consultation: (713) 658-0231.