Welcoming a new baby should be one of the happiest moments in a parent’s life. When complications occur during labor or delivery, however, the experience can quickly turn from joyful to frightening. Some birth injuries happen naturally and are not anyone’s fault, but others may be preventable.
Aldous Law can help you understand the difference for parents who are worried about their child’s health and wondering whether medical negligence played a role.
What Are Preventable Birth Injuries?
A preventable birth injury occurs when a medical professional’s mistake, oversight, or failure to follow the accepted standard of care causes harm to a baby or mother. These injuries can range from mild to severe and may result in long-term developmental challenges, physical disabilities, or the need for lifelong care.
Understanding the Term “Preventable” in Medical Care
The term “preventable” refers to injuries that could have been avoided if the medical team had provided appropriate care. Obstetricians, nurses, and other healthcare providers are trained to recognize risks during pregnancy and childbirth. When they fail to identify or respond to those risks appropriately, their actions or inactions may lead to preventable harm.
Preventable injuries often involve situations where timely intervention could have changed the outcome. For example, monitoring the baby’s oxygen levels during labor or deciding to perform a cesarean section sooner might have prevented an injury.
Common Examples of Preventable Birth Injuries
Preventable birth injuries can occur in many different ways, depending on the circumstances of labor and delivery. In some cases, the issue involves delayed medical decisions or failure to act on warning signs. In others, it results from improper technique or lack of monitoring. Some of the most common examples of birth injuries include:
- Cerebral palsy caused by oxygen deprivation during labor or delivery
- Brachial plexus injuries resulting from improper use of delivery tools
- Brain damage due to untreated infections or trauma during delivery
- Fractures that occur because of excessive force or mishandling
- Shoulder dystocia when a provider fails to manage a difficult delivery properly
- Injuries related to delayed or unnecessary C-sections
Some babies experience lasting effects from these injuries that require extensive medical care, therapy, and long-term support.
What’s Normal vs. What’s Not During Childbirth
Labor and delivery naturally involve a degree of unpredictability. Some complications occur even when doctors and nurses do everything right. Knowing what is expected versus what signals a potential problem can help parents decide if they should seek legal advice.
Expected Birth Complications That May Occur Naturally
Minor bruising, mild swelling, or temporary nerve compression can sometimes happen during a difficult delivery and may resolve without long-term impact. Certain conditions, such as jaundice or temporary breathing issues, can also be common and not necessarily caused by negligence.
Warning Signs That May Indicate Medical Negligence
Red flags of medical negligence may include severe oxygen deprivation, delayed delivery despite signs of fetal distress, or failure to perform an emergency C-section when necessary.
Other warning signs include improper use of forceps or vacuum extractors, unmonitored maternal infections, or neglecting to address abnormal vital signs in the mother or baby. If a medical provider ignored these issues or failed to act quickly, it may suggest the injury was preventable.
How to Know If Your Baby’s Injury Was Preventable
Determining whether your baby’s injury was preventable requires a careful review of medical records and expert evaluation. A qualified birth injury lawyer can help you understand whether the actions of healthcare providers met the accepted standard of care.
Medical malpractice attorneys work with medical experts who can identify when an error or delay contributed to harm. If your baby was diagnosed with a condition like cerebral palsy, brain damage, or another injury that may have resulted from delivery complications, it is important to have your case reviewed.
When to Speak with a Texas Birth Injury Lawyer
If you suspect your child’s birth injury was preventable, do not wait to seek professional guidance. Consulting an attorney early allows you to protect your rights and gather evidence before it becomes difficult to access.
How Aldous Law Can Help
At Aldous Law, our team provides compassionate and experienced representation for families throughout Texas. We have handled many complex birth injury across Texas and personal injury cases, helping clients pursue justice and financial support for their children’s future needs. We understand how emotional these cases can be and are committed to guiding families with care and respect every step of the way.
Steps You Can Take After Suspecting a Preventable Birth Injury
Discovering that your baby may have suffered a preventable birth injury can be overwhelming. Taking the right steps early on can help you protect your child’s health, preserve important evidence, and better understand your legal rights. Here are the actions parents should consider:
- Document Everything: Start by writing down details about your pregnancy, labor, and delivery while they are still fresh in your memory. Include names of medical staff, dates, and any unusual events or comments that stood out to you.
- Gather Medical Records and Correspondence: Request copies of your medical records, hospital notes, and any written communication with doctors or nurses. These documents can provide valuable insight into what occurred during your baby’s delivery.
- Follow Up with Your Child’s Doctors: Schedule follow-up appointments to discuss your baby’s diagnosis, prognosis, and potential causes of the injury. Ask questions and take notes so you fully understand your child’s medical condition and care plan.
- Consult a Birth Injury Attorney: Speak with an experienced birth injury lawyer who can review your case and determine whether negligence may have been involved.
Understanding Your Rights Under Texas Medical Malpractice Law
Parents in Texas have legal rights when medical negligence causes preventable harm. Understanding these rights can make a significant difference in protecting your child’s future.
Time Limits for Filing a Birth Injury Claim
Texas law sets a statute of limitations for filing a medical malpractice claim. In most cases, parents must act within two years of the injury or discovery of harm. However, exceptions can apply for minors, making it essential to speak with an attorney as soon as possible to avoid missing important deadlines.
What Compensation May Be Available
Families may be entitled to compensation for medical expenses, therapy, future care needs, and pain and suffering. Financial recovery can help cover the costs of long-term treatment, adaptive equipment, and other needs related to the injury.
Every case is unique, and an experienced lawyer can help assess what types of damages may apply to your situation. Your attorney will be able to give you an estimate of the damages you may be able to receive compensation for, but there is no guarantee until your case is closed.
Aldous Law: Supporting Texas Families Through Birth Injury Claims
Aldous Law has earned a reputation for standing up to powerful medical institutions on behalf of injured children and their families. Our firm has successfully handled cases involving cerebral palsy, C-section injuries, and infant brain damage. We believe every parent deserves honest answers and strong advocacy.
If you suspect that your baby’s birth injury could have been prevented, our attorneys are here to help. Contact us today at (214) 526-5595 for a free and confidential case review.
