Birth Injury Lawyer in Austin - Travis County, TX

The arrival of a new child ought to be a cause for celebration. However, for approximately seven out of every thousand births, the joy of the occasion is marred by an injury sustained by the newborn during the process of delivery. One in every 500 babies is born with a condition known as cerebral palsy, which is widely recognized as being among the most devastating conditions. Damage to the developing brain of an infant can lead to the development of cerebral palsy, which affects one in every 500 newborns. You have the right to demand justice if a negligent medical professional caused a severe birth injury to a member of your family, such as cerebral palsy, and the injury was a result of the child's inability to move correctly after birth.

At The Law Office of Matthew Shrum, we have a deep understanding of the anguish, mental anguish, and emotional strain that birth injuries can cause. Our firm focuses on cases involving birth injuries and stands ready to assist you. We help families all over Texas and serve all of Austin, Travis County, and the surrounding areas. You can reach us at (512)777-0000 right now, or you can fill out our contact form, and we will have an attorney call you immediately.

There Is a Difference Between Birth Injuries and Birth Defects

There is a difference between a congenital disability and a birth injury. A problem that develops in a fetus before birth is referred to as a congenital disability. On the other hand, birth injuries are the result of physical trauma that is sustained during the process of birthing a child. These kinds of physical trauma can almost invariably be avoided.

In most instances, the types of injuries sustained by infants can be classified into one of the following three categories:

  • Damage to the nervous system or the brain (41% of claims)
  • Injuries to the shoulder (37% of all claims)
  • Deceased child or stillborn infant (34% of total claims)

Injuries sustained during birth, regardless of the category into which they fall, have repercussions that last a lifetime. As a result, the costs associated with these kinds of liability claims are excessive.

The Most Common Causes of Delays and Difficulties in Delivery

Every day, there are a significant number of birth injuries that could have been avoided if medical care and monitoring were provided in a careful, adequate, and appropriate manner. The following are some examples of ordinary circumstances that, in our experience, frequently lead to birth injuries:

  • Inexperienced Midwives: Since each state's requirements for regulation and licensing are different, midwives can have wildly varying amounts of clinical experience.

  • Inadequate Monitoring of Fetal Heart Patterns: The fetuses' heart rates must be carefully observed. As a direct result of this, individuals working in the healthcare industry must participate in ongoing training to maintain their level of expertise.

  • Inadequate Management of Labor and Delivery: Roughly forty percent of all claims for birth-related personal injury liability involved inadequate management of labor and delivery. The vast majority of these assertions were made following a delivery through the vaginal route, as opposed to one through the cesarean section. Therefore, it was determined that the delivery method that posed the most significant risk to both the mother and the child was vaginal birth. Medical professionals must receive adequate training if it becomes necessary to perform a cesarean section rather than a vaginal delivery to lessen the risks associated with vaginal childbirth.

Injuries Sustained During Childbirth That Can Be Attributed to Medical Negligence

  • Cerebral Palsy — There are approximately 800,000 people in the United States who are living with cerebral palsy at present. Every year, the condition affects the bodies of roughly 10,000 newborn infants. A significant number of these cases can be traced back to instances of negligent medical care. Extreme complications during labor and delivery have the potential to result in cerebral palsy for the child. These severe complications can be caused by improper monitoring of the mother, insufficient birth methods, and failure to monitor fetal distress during labor.

  • Fractures of the collarbone: breaks in the baby's collarbone can occur during delivery if the baby's shoulders become caught behind the pubic bone of the mother. If a physician, nurse, or midwife handles such an emergency incorrectly — for example, by improperly using forceps during delivery — the child may suffer a fractured clavicle, which is also known as a collar bone.

  • Injuries to the brachial plexus: The brachial plexus is a sensitive bundle of nerves located at the base of the neck. It controls sensation and movement within the shoulders, arms, and hands.

  • Injuries to the spinal cord -The spinal cord is an essential group of nerves that runs from the bottom of the skull to the bottom of the back. It extends down. An infant can sustain a permanent injury such as paralysis (loss of feeling and movement in the limbs) or neurological damage if the baby's spinal cord is compressed or otherwise stressed in any other way during delivery.

  • Perinatal asphyxia: an infant is at risk of developing permanent brain, lung, and kidney damage if there is a disruption in the flow of oxygen through the bloodstream to the child's brain during pregnancy or delivery. Several different things, including infections, problems with the umbilical cord, or excessive bleeding, can cause perinatal asphyxia.

  • Facial nerve palsy: The loss of voluntary muscle movement in the face can be caused by excessive pressure on a child's facial nerves during delivery. The use of medications to induce labor or epidural anesthesia has been linked to an increased risk of facial nerve palsy, as well.

  • Intracranial hemorrhage: This occurs when there is not enough blood or oxygen circulating in the bloodstream, which can cause a blood vessel in the infant's brain to burst and cause bleeding. This then leads to excessive bleeding within the skull, which is referred to as an intracranial hemorrhage. In the aftermath of an intracranial hemorrhage, the child may be left with permanent brain damage in addition to experiencing other complications.

  • Trauma to the child's outer cranium can occur if a vacuum extractor or forceps are improperly used during delivery, which can result in a fracture of the child's skull or excessive bleeding between the brain and the scalp.

  • Skull Fractures: The most common cause of skull fractures caused by birth trauma is the improper use of medical instruments during vaginal delivery. These fractures can be linear or depressed, depending on their location. In most cases, no symptoms are associated with them unless associated with an injury to the intracranial space. The diagnosis can be clarified with plain film imaging of the skull. Still, if an intracranial injury is suspected or neurological symptoms are present, it is recommended to perform computed tomography (CT) or magnetic resonance imaging (MRI) of the brain.

Get immediate assistance from Austin birth injury attorney right away.

The seasoned personal injury and medical malpractice attorneys at The Law Office of Matthew Shrum are here to assist you in filing a claim for a birth injury if you have reason to believe that your child sustained a birth injury as a consequence of negligence and you want to pursue legal action regarding the matter. The process of coping with the injury of a child can be a challenging one; however, as soon as you are ready to take legal action, give us a call at (512)777-0000 or fill out our contact form, and a lawyer will call you right away. We represent clients all over Texas from our office in Austin, which serves as our primary location.

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Are you looking for a Bisth Injury Accident Lawyer in Texas?

Mr. Shrum is a highly respected attorney who’s dealt with thousands of cases in and around Travis County. If you are in need of an attorney to help you face this unexpected situation think of Matthew’s Shrum Law Office.

If you have been injured due to someone else’s negligence or if you yourself have been charged with a crime, you need diligent legal defense. Choose The Law Office Of Matthew Shrum to partner with a trial attorney in Austin who’ll work vigorously to defend your rights at each stage of the legal process.

FAQ About Birth Injury

Birth injuries arise from complications that arise during the delivery process. In contrast, congenital disabilities entail harm inflicted upon a fetus as a result of an event transpiring before, during, or before pregnancy. As a result, birth injuries are generally preventable, while congenital disabilities are frequently the result of inherent factors.

Typically, legal theories of negligence are the foundation for birth injury claims, which allege that a medical practitioner neglected to exercise the requisite standard of care. The majority of cases arise when a physician neglects to sufficiently evaluate or address complications and conditions that may arise during a woman's pregnancy or delivery or when she uses a prescription medication that harms the unborn child.

The jury's verdict is customarily established upon the testimonies of expert witnesses, who are typically other physicians. The testimony of these specialists determines whether a physician deviated from the acknowledged standard of care or adhered to standard medical practice. Similar to an obstetrician, a specialist is expected to provide superior treatment compared to a non-specialist.

Yes. Numerous states impose a two-year statute of limitations on medical malpractice cases, meaning you cannot prosecute your claim if you fail to file suit within that time frame. It is irrelevant whether the statute of limitations commences when the injury occurs or when it is discovered. A birth injury lawyer in Austin can provide additional information regarding the statute of limitations for your birth injury case in your jurisdiction.

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