Did your newborn sustain injuries that you believe were caused by a medical provider’s mistake? Birth-related injuries can be physically distressing and emotionally draining, especially when they result from preventable acts of negligence.
You shouldn’t have to face this type of trauma all by yourself. Instead, let a birth injury lawyer in Plano represent you and help you understand how to proceed by taking legal action on your behalf. You deserve to be compensated for the harm imposed upon your child.
At Birth Injury Lawyers Group, we can represent you as your Texas birth injury lawyer. We‘ve recovered more than $750 million in compensation since 2003, and we’re here to fight for a favorable outcome in your case.
Types of Birth Injuries Commonly Seen By Plano Birth Injury Lawyers
The spectrum of birth injuries is broad, but several types are particularly prevalent and well-documented. Let’s take a look at birth injuries that we see often.
Cerebral Palsy (CP)
Cerebral palsy (CP) is a group of disorders affecting movement, posture, and muscle tone caused by abnormal brain development or injury to the developing brain.
CP is often linked to birth asphyxia, where insufficient oxygen supply during delivery damages brain tissue. This injury results in lifelong motor impairments, ranging from mild coordination issues to severe spastic paralysis.
Brachial Plexus Injuries
From Erb’s palsy to Klumpke’s palsy, brachial plexus injuries involve damage to the network of nerves that control the arms and hands.
These injuries frequently occur during difficult deliveries, such as shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pelvis. Improper handling or excessive traction can result in nerve damage that results in weakness or paralysis of the affected limb.
Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy (HIE) is a serious condition that arises from insufficient oxygen and blood flow to the infant’s brain during labor or delivery.
This injury can lead to seizures and cognitive disabilities. In some cases, it even results in death. The timing and duration of oxygen deprivation play a major role in determining the full extent of this type of injury.
Fractures and Bone Injuries
Fractures and bone injuries may occur during the physical process of delivery. Clavicle fractures are the most common, sometimes accompanied by injury to surrounding nerves or muscles.
Though many fractures heal without complication, they can sometimes contribute to lasting disabilities.
Neonatal Stroke
Neonatal stroke is a relatively rare but devastating event involving a blockage or hemorrhage in a newborn’s brain blood vessels. This condition can cause long-term neurological damage, often overlapping with conditions such as cerebral palsy.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Medical Factors Contributing to Birth Injuries
Understanding the medical factors that lead to birth injuries is important when it comes to figuring out the underlying cause of your child’s injuries. These are medical factors that commonly contribute to birth-related injuries.
Fetal Distress and Oxygen Deprivation
These are common contributors to birth injuries. Signs of fetal distress often include abnormal fetal heart rates, decreased movement, or meconium-stained amniotic fluid. Continuous electronic fetal monitoring (EFM) is used to track these signs during labor.
Failure to detect or respond promptly to fetal distress can result in hypoxia, leading to brain damage or death.
Shoulder Dystocia
This presents a major risk during the delivery process. When the baby’s shoulder becomes stuck after the head has been delivered, the delivering team must use specific maneuvers to safely free the shoulder from the mother.
These may include the McRoberts maneuver, suprapubic pressure, or the Woods screw maneuver. Excessive force or inappropriate techniques can cause nerve damage and fractures.
Premature Rupture of Membranes (PROM)
Also known as prolonged labor, this increases the risk of infection, fetal distress, and birth trauma. Management of labor in these circumstances is a must in order to minimize harm.
Umbilical Cord Complications
These include prolapse, nuchal cord, or compression. They can restrict blood flow and oxygen to the baby. Quick identification and intervention are important when it comes to preventing injuries.
Improper Use of Delivery Instruments
Forceps or vacuum extractors can increase the risk of physical trauma experienced by the infant. These tools must be applied precisely and under appropriate conditions to avoid skull fractures, intracranial hemorrhages, or nerve injuries.
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Texas Legal Standards and Birth Injury Claims
Birth injury claims in Texas typically fall under the category of medical malpractice. These claims involve proving that a healthcare provider—such as a doctor, nurse, or hospital—failed to meet the accepted standard of care, resulting in injury to the child.
The standard of care refers to the level of skill, prudence, and diligence that a reasonably competent medical professional would exercise under similar circumstances. In Texas, plaintiffs in medical malpractice cases must comply with certain rules.
Pre-Suit Requirements in Texas
Under Texas Civil Practice and Remedies Code § 74.351, claimants must serve each defendant with an expert report within 120 days of filing the lawsuit.
This report must be authored by a qualified medical professional and include their opinion on how the defendant deviated from the standard of care and how that deviation caused the injury.
Failure to serve an adequate expert report within this timeframe can result in dismissal of the case with prejudice. Also, unlike some states, Texas does not require a formal notice of intent to sue before filing a medical malpractice claim.
Statute of Limitations
The statute of limitations for medical malpractice claims in Texas, including birth injury cases, is generally two years from the date of the alleged negligence. That said, a “discovery rule” applies in certain cases where the injury could not reasonably have been discovered immediately.
In birth injury claims, this is often relevant when the full extent of a child’s injury is not apparent at birth. Texas also enforces a statute of repose, which imposes an absolute deadline for filing claims.
Regardless of when the injury is discovered, no medical malpractice lawsuit can be filed more than 10 years after the following points in time:
- The date of the act that caused the injury
- The date of the omission that caused the injury
For minors, Texas law allows for an extension of the two-year statute of limitations. If the injured party is under the age of 12 years old when the malpractice occurs, the claim must be filed by the time the child turns 14 years of age.
This tolling provision provides additional time for parents to assess the injury’s impact before contacting a Plano birth injury attorney and pursuing legal action.
"We know first-hand what you are going through."
Contact Our Plano Birth Injury Law Firm Today
Birth injuries can forever change a child’s life and a parent’s future. If a preventable mistake in the delivery room harmed your baby, you may be entitled to seek justice and pursue compensation in response to the incident that injured your child.
The Plano birth injury attorneys at Birth Injury Lawyers Group are committed to helping families like yours take action after medical negligence causes lasting damage.
We’ll handle your case with care, urgency, and a relentless focus on securing the outcome you deserve.
"We are committed to helping families who have suffered medical negligence."