Texas Birth Injury Lawyer
Birth injuries are those suffered by an infant during pregnancy, labor, delivery or shortly after birth. Some birth injuries are unavoidable, and many are minor complications that resolve on their own. But when medical error causes a birth injury, the consequences may be complex and cause lifelong health issues.
Many Texas birth injuries occur as a result of injury to the brachial plexus nerves during delivery. The brachial plexus is an arrangement of nerves running from the spine through the neck, the armpit region and into the arm. It controls movement of the hands, arms and shoulders. Erb’s palsy accounts for nearly 60% of brachial plexus injuries, making it the most common. Erb’s palsy refers specifically to injuries that involve the upper brachial plexus, or the muscles of the shoulder and elbow.
Erb’s palsy is often caused by a serious obstetrical complication known as shoulder dystocia. Shoulder dystocia happens during delivery when the baby’s shoulders are too large for the birth canal and become stuck behind the mother’s pubic bone. The head emerges, but instead of immediately being followed by the shoulders, the baby’s neck retracts – and the baby is now unable to move forward without immediate assistance from the medical staff. When the medical team isn’t sufficiently trained in the proper protocol for shoulder dystocia, injuries such as Erb’s palsy can result. While not all instances of Erb’s palsy are preventable, medical negligence may have played a role under the following circumstances:
- The doctor failed to obtain a thorough obstetrical history of the mother, including a previous history of diabetes, large babies or difficult deliveries.
- The doctor failed to check for gestational diabetes during pregnancy.
- The doctor did not warn the mother of excessive weight gain during pregnancy.
- The doctor did not evaluate fetal size by ultrasound during the third trimester.
- The doctor did not address the late delivery date.
- The doctor did not assign or request qualified medical staff to help manage the delivery.
- The doctor did not properly inform the mother about the need for caesarean section amid various delivery risks.
- The doctor did not manage shoulder dystocia appropriately, including improper use of pressure on the abdomen, improper use of forceps or vacuum extractor, or excessive force on the head or neck during delivery.
Treatment for Erb’s palsy and other birth injuries including cerebral palsy depend on the severity of the injury and how early the injury is diagnosed. Early diagnosis is the most effective, but parents and the affected child may still face extensive physical therapy and nerve reconstruction surgery. These procedures are expensive; overwhelmed new parents often struggle with complex medical decisions and the realities of paying for costly treatment.
If your child suffers from a preventable birth injury, you have the right to seek financial compensation – but birth injury litigation can be complex. Medical personnel may claim that the injury was unavoidable. Attorneys with experience in birth injury cases often consult with qualified medical experts to help establish exactly what caused the injury and who is liable. Clearly documented evidence and expert testimony are essential to prove your case – and to hold the medical providers accountable for your child’s injury.
If your child suffered from a birth injury in the state of Texas, you need a law firm with the experience to take on tough cases, and the client dedication to ensure that your rights and interests come first. Contact The Law Offices of Eric H. Marye & Associates for a free case review at 214-987-8240 or contact us via email.
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Dallas, TX 75204
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