My Newborn Suffered A Brain Injury — What Can I Do?

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On behalf of Hastings Law Firm posted in Birth Injuries on Sunday, October 12, 2014.

Dealing with a serious injury on a day that was meant to be one of the most joyous occasions of your life can be traumatizing. A brain injury or other serious birth injury can potentially cause life-long harm, resulting in specialized medical care for what would have been an otherwise healthy child. If you’re now coming to terms with the impact on both you and your child’s life, you may be confused about what actions may be appropriate or necessary to take.

Most parents in Texas are likely already aware of the difference between a birth defect — an injury or defect not caused by negligent care — and a birth injury, which is usually the result of neglect by a healthcare provider. While a birth injury may arise from harm that was inflicted by an obstetrician using a vacuum or forceps at an inappropriate time during labor, an injury can easily also arise from inaction. A lack of oxygen can present a severe and serious risk to a child, and failing to properly monitor these levels can result serious conditions, such as cerebral palsy.

While you may have been able to directly witness the actions of your healthcare providers while in labor, proving specific causation related to your child’s injury can sometimes be challenging. However, if your obstetrician obviously ignored what is considered to be the accepted standard of care, it may be easier. This could include anything from not monitoring you or your child’s oxygen levels closely enough to failing to perform a timely C-section when it was needed.

Especially for those who have suffered a brain injury during birth, medical care may be extensive and life-long. The costs associated with this type of care can become an overwhelming burden for families who are struggling to adapt to a life that will involve caring for their child well into adulthood. For some Texas families who have been impacted by a birth brain injury, a medical malpractice claim may be an appropriate choice. If successfully litigated, this type of claim can help provide compensation for your child’s current and future medical bills, as well as any pain and suffering that he or she may suffer.

Source: FindLaw, “Birth Injury Overview”, , Oct. 11, 2014

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