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Lawdragon 500 Leading Plaintiff Consumer Lawyers
Charla Aldous and Brent Walker have been selected to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, a distinction earned by top-rated advocates who have garnered the respect and esteem of their peers.
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.
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.
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.
Birth injury causes generally fall into two camps: those caused by physical trauma and those caused by oxygen deprivation. While birth injuries 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.
- 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
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.
Was My Child's Birth Injury Preventable?
We can’t say without looking at your specific case—but many birth injuries are avoidable. Even if your doctor told you otherwise, it’s important to hear a legal perspective. At Aldous \ Walker, we keep a nurse on staff so we can help our clients in these types of complex medical cases. The sooner you get legal help, the better chance you will have at securing the level of compensation you deserve.
Statute of Limitations in Texas
In Texas, the statute of limitations in many civil injury cases is two years from the date of injury, the date the injury was discovered, or the date of death. Application of the limitations statute for bringing lawsuits is complex and best evaluated by an attorney. For the most accurate determination of how long you have before your ability to bring a civil action expires, contact Aldous \ Walker LLP.