What Is Right We Help Birth Injury Victims and Families Get The Compensation They Deserve
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1.1%
Injury occurs in 1.1% of cesarean sections in the Western WorldNewborn Deliveries
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157,700
In 2006, nearly 157,700 injuries to mothers and newborns occurred during childbirth and may have been potentially avoidedProviders
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12%
In 2012, about 12% of all births in Texas were premature and about 1% were vaginal deliveries in mothers with prior cesareans. Both these factors are known risks that, if managed improperly, can lead to birth injury
Dallas Birth Injury Lawyer
We Fight for Victims of Childbirth Malpractice
Aldous \ Walker's birth injury attorneys fight for victims of negligence-related birth injuries. If this happened to you, we invite you to contact our law firm today for an evaluation of your legal rights and options, or continue reading to learn more about childbirth trauma.
What Is Birth Injury?
According to the U.S. Centers for Disease Control and Prevention (CDC), birth injury is the impairment of the infant’s body function or structure due to adverse influences that occurred at birth. This can also be used interchangeably with birth trauma, which is defined as a physical injury sustained by an infant in the process of birth.
How Can Birth Injury Lawyers Help You After a Case of Childbirth Malpractice?
Texas birth injury attorneys can help families who are facing the emotional and physical trauma associated with birth injuries. They understand the complex nature of birth injury lawsuits, including medical malpractice claims related to negligence during childbirth. This includes reviewing your case thoroughly to determine if there is a valid legal claim for damages under Texas law.
A birth injury lawyer near you should be able to:
- Evaluate cases to determine if a birth injury can be legally pursued as a malpractice claim.
- Collect evidence such as witnesses statements and medical reports that could support claims of negligence during childbirth.
- Analyze legal precedent and research best practices related to birth injuries in similar cases across Texas courts to develop effective strategies for pursuing compensation on behalf of victims of malpractice-related birth injuries
- Negotiate with insurance companies or defend families’ rights in court against negligent healthcare providers, hospitals, or other liable parties who may have caused their child’s birth injury
- Investigate medical records for any potential signs of negligence in the delivery process.
- Provide families with emotional support throughout the legal proceedings, helping them feel more comfortable while also ensuring they are treated fairly by all involved parties
- Represent clients at trial to present arguments and help secure maximum possible compensation benefits on behalf of their child’s injury
- Work towards obtaining financial security through settlements or awards from civil court proceedings after a successful case has been made showing negligence leading up to the birth injury
What Conditions Are Caused by Birth Injuries?
Cerebral Palsy
Cerebral palsy is a congenital disorder affecting a person’s movement. While it can be caused by oxygen deprivation during labor and delivery, it has other causes.
Hypoxic Ischemic Encephalopathy (HIE)
Most commonly caused by asphyxia during birth. Asphyxia can be caused by remaining too long in the birth canal, umbilical cord strangulation, and more.
Erb’s Palsy
Paralysis resulting from injury to the brachial plexus group of nerves in the arm/shoulder. This can be caused by excessive pulling during delivery, shoulder-first presentations, or vaginal delivery when cesarean would have been safer.
We’ve helped our clients get through tough times and come out stronger. Read more about how we approach each and every case by visiting the page below:
Birth Injury Causes
Birth injury causes generally fall into two camps:
- Those caused by physical trauma
- And those caused by oxygen deprivation
While birth injury claims have a variety of causes that vary drastically from case to case, they typically all have one thing in common: they began with a childbirth complication that was mismanaged or handled improperly.
We’ve listed some commonly cited birth injury causes for a better understanding. This is not a comprehensive list, and any one of these factors on their own does not guarantee a birth injury outcome.
It is the mismanagement of these types of conditions that can lead to an injury, and an injury during childbirth can lead to:
- Serious medical conditions
- Permanent disabilities
- And disfigurement
Birth Injuries vs. Birth Defects
“Birth injury” and “birth defect” are commonly confused terms. While they can produce similar outcomes, they differ in substance. As we explained, a birth injury is trauma suffered by an infant during childbirth.
Birth defect describes a physical or chemical defect present at birth, and is usually either inherited genetically or induced by environmental factors. There is not usually a legal cause of action in birth defect cases, unless the environmental cause is something like a dangerous pharmaceutical, which is a different type of litigation entirely.
We’ve listed some commonly cited birth injury causes below:
- Improper use of forceps or vacuum extractor
- Fetal monitoring failures
- Abnormal birth presentation or position (ex: breech or shoulder first)
- Large birth weight
- Umbilical cord prolapse or strangulation
- Failure to progress / prolonged delivery
- Pitocin (induction medication) mistakes
- Vaginal delivery in mothers with small pelvis
- Maternal infections such as Group B Streptococcus
According to the National Vital Statistics Reports, a Division of the CDC, Texas Does Not Specifically Report on Birth Injuries. These Data Reflect Birth Injury Statistics on a National Scale, or General Childbirth Data From the Texas Department of State Health Services.
What Are the Long-Term Effects of Birth Injuries?
The long-term effects of birth injuries can vary widely depending on the type and severity of the injury. Some birth injuries, such as fractures or facial bruises, may heal without long-term consequences. However, more serious injuries, such as cerebral palsy or permanent nerve damage, can lead to lifelong disabilities and medical complications. Children with birth injuries may require ongoing medical care, physical therapy, and support services to manage their conditions and maximize their quality of life.
How Common Are Birth Injuries?
The prevalence of birth injuries varies depending on factors such as the specific injury, delivery method, and overall health of the mother and baby. While some birth injuries are relatively rare, others, such as brachial plexus injuries or fractures, occur more frequently. Estimates suggest that birth injuries occur in around 6 to 8 out of every 1,000 live births in the United States, with some studies indicating higher rates in certain populations or regions.
Who Can Be Held Liable for Your Birth Injury Claim?
If something goes wrong during childbirth, and you or your child are injured, you may have legal grounds to file a claim to sue:
- The doctor
- The hospital
- Or the healthcare organization responsible for that harm
Who to sue varies from case to case, and is best determined by a Dallas birth injury attorney experienced in this area of litigation.
If We Didn't Care We Wouldn't Be Practicing Law.
THE ALDOUS \ WALKER DIFFERENCE
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Our entire team works on each case we handle.
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We enjoy trying cases – it’s what we do best.
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We are passionate about fighting for what is right.
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We truly believe in our clients and treat them like family.