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Dallas Texas TX Birth Injury/Medical Malpractice 101

Written by: Jason Eric Kipness

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Posted over 2 years ago. Applies to Texas, 0 helpful votes, 0 comments

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Common Causes of Birth Injuries

Common causes of birth injuries include: improper prenatal care or delivery techniques; untreated infections in the mother that are transmitted to the fetus before birth; shoulder dystocia which involves the use of too much force during birth causing nerve damage in the arm and shoulder; and failure to timely deliver a baby or failure to change to caesarian delivery both which can cause oxygen loss and brain damage to the baby.

Common Types of Birth Injuries & Conditions

Common types of birth injuries include: cerebral palsy, development delay, cognitive problems, brain damage due to lack of oxygen, nerve damage; brain injury from use of vacuum/forceps, and brachial plexus injury. Other injuries include broken bones, spinal cord injury, skull fracture, brain bleeding, paralysis, excessive bleeding, seizures, mental retardation, Erb's Palsy, and Klempke's Palsy.

What should I do if I suspect a baby experienced a birth injury?

You should immediately contact a birth injury attorney. An attorney will need copies of all medical records. The medical records will need to be reviewed by a M.D. to determine if a doctor, nurse or hospital was responsible for causing the birth injury. You should also get the child immediate medical care. You should also document your stress in dealing with the birth injury, including problems you notice with the baby.

What is shoulder dystocia?

Shoulder dystocia is a birth injury that occurs when the baby gets stuck and a doctor uses excessive force or incorrect maneuvers to dislodge the baby from the birth canal and pelvis. The resulting injury is a brachial plexus injury which can cause permanent nerve damage.

What is cerebral palsy and can it be caused during birth?

Cerebral palsy is a broad medical term that pertains to physical delay and disabilities of a child. There is no cure for cerebral palsy. It is a condition that affects a child's ability to control movement. Examples include problems with sensation, perception, cognition, communication, behavior, by epilepsy, and by secondary musculoskeletal problems. It can be caused because of negligent medical care before, during or after birth. This condition is caused from lack of oxygen to the brain, which is also known as asphxia.

What must be established to show a baby suffered a birth injury and what type of compensation is available?

One must establish a doctor, nurse, or hospital fell below the standard of medical care owed to the baby and this failure was the cause of your baby's medical conditions. This evidence must be established through expert medical testimony. If this evidence is established, one can recover compensation for: medical bills, pain experienced by the baby, disfigurement of the baby, impairment of the baby and the inability of the baby to earn income in the future.

Is every birth injury medical malpractice?

No. The mere presence of a birth injury does not automatically mean medical malpractice caused the birth injury. You need to contact a birth injury attorney.

What is Erb's plasy/brachial plexus palsy?

It is a medical condition that can be caused from trauma during child birth if a doctor or nurse uses excessive force when delivering a baby. The excessive force can cause permanent nerve damage, including avulsion ruptures where nerves are torn away from the spine or neuroma where nerves are torn but scar tissue develops leading to arm disabilities.

What factors may indicate cerebral palsy was caused by medical malpractice?

Possible indications may be: resuscitation after birth, low muscle tone, emergency c-section; seizures, blue/pale skin color, low blood gases, and low APGAR scores (assigned 10 minutes of birth to indicate healthiness of baby)