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Finding answers after your child suffers a birth injury

When the joy of childbirth turned into a terrifying emergency, your only thought was for your baby. How could something so routine and natural go so terribly wrong? Would the trauma of the difficult delivery result in lifelong injuries, disabilities and suffering?

If your child did suffer a birth injury, you likely came home from the hospital with many more questions, including trying to understand who was responsible for the injuries that left your child with a disability. Since every birth experience is unique, it may be difficult to determine whether your doctor, midwife, delivery room nurse or other medical professional acted negligently, but learning as much as possible about birth injuries is a starting point.

How could this happen?

Whereas a birth defect typically develops at some point in your pregnancy, birth injuries usually occur during delivery. A birth defect can be hereditary, but it may also result from an environmental issue, such as exposure to toxins, drug or alcohol use by the mother, or the use of dangerous medication your doctor prescribed.

Birth injuries may be the result of mistakes made by your medical team, including any of the following scenarios:

  • Aggressively or inappropriately using forceps or a vacuum
  • Failing to notice that your baby was in distress during delivery
  • Underestimating the baby's size or wrongly estimating the capacity of your pelvis
  • Inaccurately assessing the health of the baby in the womb
  • Failing to monitor you for hypertension or other disorders that may cause distress for the baby during delivery
  • Allowing delivery to go on too long

Any of these negligent acts may result in your baby suffering fractures or nerve damage to limbs, head trauma, or oxygen deprivation that may result in permanent brain injury.

Was it medical malpractice?

A doctor may not be liable for a birth injury if he or she took every reasonable step when complications arose during delivery. However, you may have no way of knowing whether your obstetrician or others in the room were doing everything reasonably possible to help you and your child, so you may need to seek the opinions of other medical experts.

What you do know is that you have many concerns about how to provide ongoing, quality care for your child following a birth injury. You may find answers to your many questions by consulting with a Texas attorney who has access to many types of resources to assist you.

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The Talaska Law Firm

The Talaska Law Firm

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