Houston DWI Attorney Paul B. Kennedy

Bringing a child into the world is one of the most wonderful experiences a couple can have. However, this joy can quickly fade if birth injuries occur due to the negligent behavior of medical professionals. If an obstetrician, midwife, or another healthcare practitioner does not recognize fetal distress, performs a treatment improperly or makes an incorrect decision regarding the well-being of mother or child, medical malpractice may have occurred.

Birth injuries are relatively common and can range in severity. They can be caused by a variety of factors including the following:

• Baby’s height/weight and subsequent susceptibility to injury
• Disproportion of the mother’s pelvis
• Difficult labor and/or childbirth
• Positioning of the baby (such as a breech birth)

The most important factor that needs to be considered during child birth is how and when to perform delivery. If a medical professional performs a vaginal birth while the child is in breech positioning, this may cause subsequent injuries to the parties involved. The most common course of action is to perform a c-section when this event occurs. Unless the doctor has adequate reasoning as to why he or she made such decision, the patient may be entitled to financial compensation under the law if resulting damages were incurred.

Common birth injuries include the following:

• Skull fractures or lacerations due to forcept extraction
• Subconjunctival Hemorrhage
• Caput Succedaneum
• Cephalohematoma
• Facial Paralysis
• Brachial Palsy Injuries (Erb’s Palsy and Klumpke’s Palsy)
• Broken Bones
• Brain Injury due to lack of oxygen (can lead to Cerebral Palsy or epilepsy)

Injuries to your newborn can be devastating to new parents. Not only can these injuries affect them in the first moments of life, but they can have life-long repercussions, as well. Medical professionals who are at fault for these injuries should be held accountable for their negligent actions in a court of law.