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Birth Injuries

Birth Injury Lawyer in Houston

The birth of a child is usually a time of celebration and joy. Unfortunately, tragedy and heartbreak can sometimes also accompany the birth of a child. When a baby suffers serious injury during pregnancy, labor, or delivery, the hopes and dreams you have for your child may be replaced with a lifetime of struggles and challenges. Perhaps the worst part of many of these tragic birth injuries is that they could have been avoided altogether.

When a medical professional fails to act as another reasonable medical professional would have done, given the same circumstances, negligence could have been present. Every year, thousands of children and parents in Texas and across the nation are forced to survive the aftermath of birth injuries or infant death due to a mistake made by a doctor, nurse, or other delivery room personnel.

At The Brothers Law Firm, we stand by families who have been devastated by a birth injury, fighting for their rights and their futures. Although many birth injuries are immediately apparent, others may not make themselves known until months or years later. Once parents realize something has gone terribly wrong, they need an advocate in their corner to hold those responsible accountable and get the answers they need.

Serious birth injuries can bring emotional, physical, and financial pain to the victim and family. When a birth injury is severe, the parents may find themselves unable to financially provide the level of care required by the baby or child. Medical care, rehabilitative therapies, special needs schools, home assistive items, and many other required items can last the child’s lifetime.

All of these things cost money, possibly far beyond what your health insurance will pay. When an avoidable medical mistake caused your child’s birth injury, the committed professionals at The Brothers Law Firm will fight aggressively to obtain the compensation that can ease your financial burdens, as well as bringing you some level of closure.

What are the Causes of Most Birth Injuries?

The causes of birth injuries are varied, although there are some types of birth injuries which are more common than others, such as:

  • When a baby’s brain is deprived of oxygen during birth, hypoxia can result, causing mental or physical disabilities.
  • The brachial plexus nerves provide power to the arm muscles. Brachial Palsy can occur when a baby must be delivered quickly, causing a doctor to exert excessive force when pulling the baby from the birth canal. This can result in over-stretching of one side of the baby’s neck; the severity will depend on whether there is a total tear, a partial tear or a stretch, and where the injury is located. While about half of all Brachial Palsy cases will heal on their own, within the first few weeks of life, other children could require nerve surgery.
  • The incorrect use of Pitocin, a labor-inducing drug, can result in birth injury. When Pitocin is not properly used, contractions can become too strong or too frequent, placing the baby at risk due to lack of oxygen. Birth asphyxia can result in brain damage or even fetal death, and for the mother, uterine rupture and postpartum hemorrhage can occur.
  • The improper use of forceps during delivery can severely injure the infant’s skull, causing brain bleeds, and even causing cerebral palsy. When forceps are misused, temporary or permanent facial paralysis can result.
  • The healthcare professional may exhibit a failure to diagnose in cases where the umbilical cord is wrapped around the baby’s neck, when an infection occurs, or the premature rupture of the membranes occur. Any of these issues can potentially lead to serious injury or death.
  • Failure to take note of changes in the baby’s condition during delivery can result in a birth injury or death.
  • When a high-risk mother or baby does not receive the level of specialized care she requires, injury or death can occur.
  • Vacuum machines are sometimes used during a difficult birth to deliver the baby. When the vacuum machine is used improperly, an injury can occur. A cup is applied to the top and back of the baby’s head, then suction is applied to help a stalled delivery. If the cup is improperly placed, not only can the baby sustain an injury, but the mother can as well. The FDA has issued very specific warning regarding the use of vacuum extractors because when the device is misused, brain hemorrhage, cerebral palsy, Erb’s palsy, shoulder dystocia, and skull fractures can occur.
  • A fast blood pressure drop on the part of the mother or dangerous slowing of the baby’s heartbeat can result in serious injury or death to the mother and/or baby, particularly when the doctor delays a Caesarean section.
  • The negligent administration of anesthesia or medication can result in serious injury to the mother or baby.
  • A failure to address neonatal and postnatal infections can result in injury or death.

Any difficult birth has an increased risk of a birth injury, requiring all medical personnel to take every reasonable measure to reduce the risk of injury and death. Brachial Palsy, Erb’s palsy, Klimke’s palsy, facial paralysis, should dystocia, brain damage, clavicle fracture, encephalopathy, and cerebral palsy are all more likely when negligence is present.

How The Brothers Law Firm Can Help Following a Texas Birth Injury

If you suspect your baby’s birth injury was the result of medical malpractice, it is important that you contact a highly skilled Texas birth injury attorney. A birth injury attorney from The Brothers Law Firm can examine the doctor’s notes, any tests used for diagnosis and fetal monitoring records from your pregnancy and the birth, identifying whether medical malpractice occurred. We will build a solid case on your behalf, determining whether negligence and medical malpractice caused your baby’s birth injury.    

You could be entitled to receive expenses related to occupational or other types of rehabilitative therapies, extra care for the baby in your home, any modifications to your home, which might be necessary, prescription medications, counseling, and future surgical procedures could all be included in your compensation. Pain and suffering compensation could also be available if your child has chronic pain or has lost the ability to enjoy his or her life in a normal manner.  The Brothers Law Firm is never afraid to take on a difficult case; we truly care about you, your child, and your future. We stand for honesty and trustworthiness; if you are in Texas and believe your child has suffered a birth injury, contact The Brothers Law Firm. You can trust us to listen to you, answer your questions, help you understand what happened, then to seek compensation, which can help you move forward with your life.  


The Brothers Law Firm, PLLC Firm Logo

2800 Post Oak Blvd., Suite 4100
Houston, TX 77056

Phone: 281-491-3635 - Fax: 832-532-1228