The birth of a child is a momentous occasion, filled with hope and anticipation. Families place their trust in medical professionals to ensure a safe delivery and healthy outcomes for both the mother and baby. However, when that trust is broken due to medical negligence or preventable errors, the consequences can be devastating. Birth injuries can lead to lifelong challenges, emotional trauma, and overwhelming financial burdens.
If your family has been affected by a birth injury, you need an experienced Pasadena birth injury attorney to stand by your side. At Hampton & King, we are dedicated to holding negligent parties accountable and helping families secure the compensation they deserve. Our Houston birth injury lawyers also assist families facing birth injury cases outside of Pasadena, providing the same level of dedication and expertise wherever you need us. If you’ve been impacted by birth injuries, call us today at (713) 658-0231 or fill out our simple online form to schedule your free consultation.
What Are Birth Injuries?
A birth injury is any harm sustained by a newborn during labor, delivery, or shortly after birth. While some complications are unavoidable, many birth injuries result from medical negligence. This negligence may occur when healthcare providers fail to adhere to accepted standards of care, leading to errors that harm the baby or mother.
Common examples of birth injuries include:
- Cerebral Palsy: Often caused by a lack of oxygen during delivery that the Environmental Protection Agency (EPA) defines as Hypoxia. This condition affects muscle tone, movement, and motor skills.
- Erb’s Palsy: Nerve damage to the brachial plexus, which can occur during difficult deliveries, causing partial or full paralysis in the arm.
- Fractures: Improper use of delivery tools like forceps or vacuum extractors can lead to broken bones.
- Brain Injuries: Trauma to the baby’s head can result in brain damage, developmental delays, or permanent cognitive impairments.
- Infections: Failure to diagnose and treat maternal infections can result in neonatal sepsis or meningitis, which can have long-term effects.
Our Pasadena Cerebral Palsy lawyers have extensive experience handling cerebral palsy cases, helping families seek justice and the financial support needed for lifelong care.
Birth Injuries vs. Birth Defects
It’s important to distinguish between birth injuries and birth defects.
- Birth Injuries: These occur during the labor and delivery process and are often preventable.
- Birth Defects: The World Health Organization (WHO) claims these are typically caused by genetic factors or issues during pregnancy and are present at birth, unrelated to the delivery process.
Causes of Birth Injuries
Birth injuries often occur due to preventable mistakes made by medical professionals. Common causes include:
- Improper Use of Delivery Tools: Forceps and vacuum extractors require precision. Misuse can cause trauma to the baby’s head, neck, or shoulders.
- Delayed C-Section: When signs of fetal distress are ignored, delaying an emergency cesarean can lead to oxygen deprivation or other complications.
- Failure to Monitor: Fetal monitoring is crucial during labor. Neglecting to identify and address abnormal heart rates can result in severe outcomes.
- Medication Errors: Administering incorrect dosages or failing to consider contraindications can lead to adverse effects for both mother and baby.
- Improper Handling of Complications: Conditions like umbilical cord prolapse, breech presentation, or maternal high blood pressure require swift action to prevent harm.
Proving Medical Negligence in Birth Injury Cases
To succeed in a birth injury lawsuit, you must prove that medical negligence occurred and directly caused the injury. This involves demonstrating:
- Duty of Care: The medical professional had a legal obligation to provide competent care.
- Breach of Duty: The standard of care was not met, and errors or omissions occurred.
- Causation: The breach directly caused the injury.
- Damages: The injury resulted in measurable harm, such as medical expenses, pain and suffering, or loss of quality of life.
Establishing these elements often requires the expertise of medical professionals who can review the case and testify on your behalf.
The Impact of Birth Injuries on Families
Birth injuries can have profound effects on families, both emotionally and financially. Parents may face years of specialized care, therapy, and medical interventions for their child. The financial strain can be overwhelming, especially when factoring in:
- Medical Expenses: Surgeries, medications, and hospital stays can add up quickly.
- Rehabilitation Costs: Physical, occupational, and speech therapy are often necessary for children with birth injuries.
- Assistive Devices: Wheelchairs, braces, and other adaptive equipment may be required.
- Lost Income: Parents may need to take time off work or reduce their hours to care for their child.
The emotional toll is equally significant. Families must cope with the pain of knowing their child’s injuries were preventable and navigate the challenges of providing lifelong care. A Pasadena HIE Birth Injury attorney can help families pursue compensation for Hypoxic-Ischemic Encephalopathy (HIE) cases, ensuring they recover damages for medical costs, ongoing care, and the emotional distress caused by medical negligence.
How a Pasadena Birth Injury Attorney Can Help
Navigating a birth injury case is complex and emotionally taxing. Having an experienced attorney by your side can make all the difference. At Hampton & King, we:
- Conduct Thorough Investigations: We work with medical experts to gather evidence, review medical records, and identify negligence.
- Build Strong Cases: Our attorneys understand the intricacies of birth injury claims and know how to present compelling arguments.
- Negotiate with Insurance Companies: We are skilled negotiators who won’t settle for less than you deserve.
- Advocate in Court: If necessary, we are prepared to take your case to trial to fight for justice.
- Provide Compassionate Support: We understand the emotional toll these cases take and are committed to supporting your family every step of the way.
Why Legal Action Matters
Filing a birth injury claim isn’t just about compensation – it’s also about holding medical professionals accountable for their negligence. Your actions can help prevent similar incidents from happening to other families. Additionally, compensation can ensure your child receives the resources and care they need to lead the best life possible.
Compensation in Birth Injury Cases
Victims of birth injuries may be entitled to compensation for:
- Medical Costs: Past and future medical expenses related to the injury.
- Pain and Suffering: Compensation for physical and emotional pain endured by the child and family.
- Loss of Earning Capacity: If the injury impacts the child’s ability to work in the future.
- Home Modifications: Costs associated with making your home accessible for a child with disabilities.
Every case is unique, and the amount of compensation will depend on the severity of the injury and its long-term effects.
Why Choose Hampton & King?
At Hampton & King, we have decades of experience handling birth injury cases in Pasadena and throughout Texas. Our team is known for:
- Proven Results: We have recovered substantial settlements and verdicts for our clients.
- Experienced Resources: We work with leading medical professionals to strengthen your case.
- Personalized Attention: We treat every client with care and respect, tailoring our approach to meet your needs.
- No Upfront Fees: We work on a contingency basis, meaning you don’t pay unless we win your case.
Take the First Step Toward Justice
If your child has suffered a birth injury, you don’t have to face this journey alone. Let Hampton & King fight for the justice and compensation your family deserves. Contact us at (713) 658-0231 or complete our simple online form to schedule your free consultation. Together, we can hold negligent parties accountable and help secure a brighter future for your child.