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Dallas Birth Injury Lawyer
We Fight for Victims of Childbirth Malpractice
Aldous \ Walker's birth injury lawyers 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.
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.
In 2006, nearly 157,700 injuries to mothers and newborns occurred during childbirth and may have been potentially avoided
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
Injury occurs in 1.1% of cesarean sections in the Western World
We truly believe in our clients and treat them like family.
We are passionate about fighting for what is right.
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Our entire team works on each case we handle.
Liability of Doctors and Hospitals
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, hospital, or healthcare organization responsible for that harm. Who to sue varies from case to case, and is best determined by an attorney experienced in this area of litigation.
Standard of Care in Birth Injury Cases
One phrase you will hear often in birth injury litigation is “the standard of care for physicians.” This simply means that the physician breached a duty of care. It is conduct that misses the mark of acceptable medical care as set by the medical community at large. In birth injury trials, one thing the jury will decide is whether the physician or hospital’s conduct was reasonable given the customary practice among other physicians and hospitals.
Statute of Limitations in Texas
In Texas, the statute of limitations in many civil injury cases is two years (from the date of injury, date injury was discovered, or from the date of death). Application of the limitations statute for bringing lawsuits is complex and best evaluated by an attorney familiar with civil trial law. For the most accurate determination of how long an individual has before their ability to bring a civil action expires, contact an attorney at Aldous \ Walker, LLP.
-  http://www.cdc.gov/nchs/data/nvsr/nvsr52/nvsr52_10.pdf
-  http://www.merriam-webster.com/medical/birth%20trauma
-  http://www.ninds.nih.gov/disorders/cerebral_palsy/cerebral_palsy.htm
-  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2849741/
-  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2724163/
-  http://www.merriam-webster.com/dictionary/birth%20defect
-  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088386/
-  http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htm
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.
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.