Houston Birth Injury Lawyer
Representing Injured Children & Their Families Throughout Texas
The birth of a child should be a joyous occasion. Sadly, this is not always the case. When a doctor, nurse, or hospital is negligent, children and their families can suffer terrible consequences.
If your child suffered a birth injury due to a medical provider’s negligent or wrongful conduct, you deserve justice. At Vaughan Legal Trial Team, we represent children and parents who have suffered immense physical, emotional, and financial harm due to medical malpractice. Our Houston birth injury attorney has more than 20 years of experience and has recovered over $100 million in compensation, including many million-dollar and multimillion-dollar settlements and verdicts. Our team is prepared to fight for maximum compensation for each of our deserving clients.
What Is a Birth Injury?
A birth injury is an injury suffered by an unborn child or a just-born infant in utero or immediately before, during, or after birth. As opposed to birth defects, birth injuries are not the result of hereditary or genetic factors but, rather, the result of trauma.
Some examples of common birth injuries include:
- Oxygen Deprivation: Various forms of oxygen deprivation (asphyxia, anoxia, hypoxia, etc.) may occur during childbirth. This can lead to numerous complications, such as brain damage, cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and death.
- Cerebral Palsy: Cerebral palsy is a motor disorder that can result from oxygen deprivation during childbirth, in-utero infections, and other causes. In fact, birth injuries and medical malpractice are among the most common causes of cerebral palsy.
- Brachial Plexus Injuries: The brachial plexus is a bundle of nerves located near the neck/shoulder. Stretching or tearing of these nerves can lead to serious birth injuries, such as Erb’s palsy, loss of motor control, and temporary paralysis.
- Shoulder Dystocia: Shoulder dystocia can occur when the baby’s head is delivered but their shoulders become lodged behind the mother’s pubic bone during vaginal delivery. Shoulder dystocia often leads to brachial plexus injuries and may result in other complications.
- Cephalohematoma: Cephalohematoma is an injury involving bleeding beneath the cranial bone. Without proper treatment, cephalohematoma can lead to jaundice and other complications. It may also be a sign of additional (and sometimes more serious) birth injuries.
- Seizure Disorders: Some seizure disorders, such as epilepsy, may be the result of trauma before, during, or after childbirth. Maternal infections, brain damage, and hypoxic-ischemic encephalopathy (HIE) are some common causes of seizure disorders in infants and children.
- Vacuum/Forceps Injuries: Medical professionals who misuse assistive birth tools, such as vacuum extractors and forceps, may cause mild to severe birth injuries. Examples include cuts and lacerations, bruises, facial paralysis, and head injuries.
Note that these are just some examples of birth injuries; if your child was injured after a difficult pregnancy, labor, or delivery and you believe a medical provider may be at fault, contact Vaughan Legal Trial Team right away. Our Houston birth injury attorney can review the details of your case with you during a free, confidential consultation.
When Is a Medical Provider Liable for a Birth Injury?
A medical provider—whether it’s an obstetrician, a delivery room doctor, or a hospital—may be liable for a birth injury if they failed to uphold what is known as the “acceptable standard of care.” All medical professionals and establishments are held to certain standards of care. These standards are based on what other qualified medical providers would do or would not do in the same or similar circumstances. Providers who fail to meet this standard of care are generally considered negligent.
Some examples of medical negligence that may lead to birth injuries include:
- Failure to diagnose and/or treat maternal infections or conditions during pregnancy
- Delayed diagnosis or treatment of maternal conditions, such as preeclampsia
- Failure to check for and/or treat jaundice and other conditions
- Improper monitoring or failure to monitor mothers and babies during childbirth
- Failure to detect and/or respond to signs of fetal distress
- Exerting too much force on a baby (twisting, pulling, etc.) during childbirth
- Failure to order/perform timely and/or emergency cesarean sections (C-sections)
- Failure to adequately prevent or control maternal hemorrhaging or tearing
- Improper use of assistive birth devices, such as vacuum extractors and forceps
- Failure to monitor a baby’s heart rate or oxygen levels immediately after birth
- Failure to provide pregnant mothers with sufficient information regarding certain conditions
- Improper aftercare or follow-up care for the mother and/or baby
At Vaughan Legal Trial Team, we know how to investigate birth injury claims to determine whether a medical provider failed to provide an acceptable standard of care. Our firm works with a variety of specialists, including medical professionals and expert witnesses, who help us build and prove our clients’ claims.
Fighting for Justice for You & Your Family
Knowing that your child has suffered a preventable injury is extremely difficult. Our team understands what you are going through, and we are here to help.
Based in Houston, our birth injury lawyer represents individuals, parents, and families throughout Harris County and the entire state of Texas. We know that no amount of financial compensation can undo the life-altering effects of a birth injury. However, a fair settlement or verdict can allow you to recover the monetary resources you need to obtain proper medical treatment for your child and ensure that he or she has the best possible life.
Our firm is always available to answer your call or respond to your email. We strive to be highly accessible and available for our clients. We also provide our legal services on a contingency fee basis, meaning you do not pay any out-of-pocket expenses when you work with our firm. Instead, we only collect legal fees if/when we recover compensation for you.
How frequently do birth injuries occur?
Of every 1,000 infants born in the United States, approximately six to eight of them suffer a preventable injury at birth.
Are all birth injuries caused by medical malpractice?
No. Some birth injuries are the result of factors outside of a medical provider's direct control. However, a large percentage of birth injuries are a direct result of some form of negligence, whether that involves prenatal diagnostic errors, improper use of birth-assisting tools, delay in performing a C-section, or another cause. In these cases, the victim may be owed compensation.
How do I know if I have a birth injury case?
Not sure if your child's birth injury was caused by a doctor or hospital staff member? The only way to know for certain is to consult a medical expert and a birth injury attorney and have them review the circumstances surrounding the birth of your child. If they agree that your child was injured due to a medical error, the responsible party can be held liable for damages.