March 26, 2020April 30, 2020 Frank PichenLeave a comment

legal No.3 – birth injury – gtg

Are You Aware of the Legal Ramifications and Signs of Common Birth Injuries?

Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.

Birth “defect” cases can affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and also harm the mother. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with an exemplary investigative team) to properly sort through medical records and all other forensic evidence to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.

Birth injury cases generally fall into two types. A doctor, nurse, or other medical professional fails to properly diagnose or provide adequate treatment to an expecting mother, fetus, or newborn baby, resulting in harm to the mother or child. The other occurs when a doctor, nurse, or other medical professional or health institution acts outside accepted professional treatment norms which, either negligently or recklessly, results in harm to the mother or child.

Within the first type of birth injury case are the harms suffered while a baby is in utero, such a maternal medication interactions or the failure to properly diagnose or treat injuries to the mother or child immediately after birth. Many birth injury cases affecting the mother usually fall into this category.

The second type of birth injury case usually surrounds injuries occurring at or around the time of birth: to include labor, delivery, or immediately following the child’s birth. Most birth injuries affecting the newborn fall into this type of case. It can include subsequent diagnoses of cerebral palsy, brachial plexus nerve injuries, shoulder dystocia, brain injuries, disfigurement, and other neurological, skeletal, or muscular injuries.

Often, birth injuries are suspected or identified by medical professionals at the time of birth, but this information is rarely shared with the new parents. Medical personnel fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury heals itself.

A delay in diagnosis is like a ticking bomb – the earlier a diagnosis, the sooner a mother or child can undergo treatment and begin recovery. Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice.

Do you suspect a possible birth injury occurred during pregnancy, or labor, delivery, or the birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering (or life-threatening): not only for you, but your child and devastating to your entire family.

In many cases, the doctor responsible may have been a family friend or the aggrieved family was part of a small community and wasn’t comfortable pursuing a lawsuit – even if the family still needed and wanted answers and some level of compensation for their child’s injuries and resulting long-term care. We empathize with the struggles a family has when caught between the rock of community and the hard place of trying to make the best decision for their child. And under these circumstances, we agree with clients who prefer discretion as well as a quiet, firm resolve in securing rightful compensation in a dignified manner.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Signs of Normal Birth Injuries to a Newborn

We at our Texas Law Office frequently hear the same questions from concerned parents time and again: how can we tell if there is a birth injury? How can we tell if our child’s injury is a normal injury or abnormal? How can we tell if these injuries are the result of medical malpractice?

Our answer: it’s very difficult to answer these questions without reviewing all the medical records, transcripts and witness accounts. Each birth is special and very different from other experiences. Babies are born with soft, flexible bones and travel through a tight birth canal. Minor injuries are to be expected in the birthing process, especially for vaginal birth deliveries.

We have put together a list of some common signs and symptoms for both normal and abnormal injuries that occur during pregnancy, labor, delivery, the birth, and after birth of the child.

Bruising – The birthing process will often result in minor swelling and bruising along the newborn’s scalp, forehead, nose and neck. If the baby is delivered in a breech position, bruising may occur on the baby’s hips, buttocks, and legs. Bruises usually clear up in a matter of days after birth. Bruises lasting longer than a week are a sign for concern. But an abnormal sign might be if the bruising is widespread or causes lumps or depressions in the skull. The newborn should be carefully monitored for several days until bruising recedes or other medical action is taken. Abnormal bruising can suggest birth injuries from instruments used to extract the newborn and may be a cause for medical malpractice.
Pink marks – These marks are usually referred to as “stork bites,” and are merely small clumps of dilated capillaries that form a small birthmark on the skin. Stork bites are usually present along the forehead, eyelids, and back of the neck. These birthmarks usually fade on their own as the infant grows older and are not a cause for concern.
Milia (small white cysts) – These may appear as tiny pimples across the nose, cheeks, and forehead of a newborn child. They are simply clogged sweat gland ducts. This condition clears up on its own in a few weeks.
Broken bones – newborns with broken collarbones (clavicle bone) are rare, but don’t usually suggest malpractice on the part of the delivery team. However, other broken bones, especially arms, legs, and shoulders, are a warning sign for future long-term birth injuries.

Signs of an Abnormal Pregnancy, Delivery or Possible Birth Injury Malpractice

During pregnancy, did your obstetrician (OB), birthing consultant, or another medical professional adequately track, treat, or warn you of developing or existing medical conditions and their effect on your child, including hypertension, preeclampsia, diabetes, prolonged nausea and vomiting leading to malnutrition, or other long-term, treatable maternal conditions?

Did your OBGYN, pregnancy caregiver not adequately track, treat, or warn you of any complications or dangers present in your pregnancy? Did they or did they not take steps to prevent harm to you and your child, including any medicine or drug side effects and their effect on your baby? This is often seen in patients who take medication (prescribed or otherwise) for depression, asthma, other conditions requiring prescription medication, other drugs, or general decreased bodily functions such as poor kidney function, weakened hearts and other conditions.

During labor, did the medical staff and delivery team at the hospital or birthing center delay hooking the birth mother up to fetal monitors. Or did the medical staff or delivery team disregarded data from the fetal monitors that may have shown fetal distress, or did that data reveal an abnormally high or low heart rate that went untreated?

Was an epidural inappropriately, negligently, or recklessly administered, resulting in harm to the mother or newborn child? Such form of injury to the child is often evident with decreased breathing at the time of birth, or failure of the lungs to inflate properly.

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Problems During Delivery That, if not Treated Properly, Might Suggest Malpractice

The baby may have been abnormally positioned. Abnormal positions cause a vaginal delivery to be difficult and dangerous, often leading to a birth injury to both the mother and child.

The baby might have been abnormally large and/or the birth canal was too small for the baby to pass through normally, yet the doctor performed a vaginal delivery anyway rather than the traditionally accepted delivery method of Cesarean section (C section). In cases where the baby is too large to pass through the canal, instrumentation and complicated maneuvers are used, often to the detriment of mother and child.

The doctor may have used instrumentation such as forceps, a pressurized vacuum, or other instrumentation that forcibly pulled the baby through the birth canal and risk significant injury to both the mother and child, often in the form of head or brain injuries or brachial plexus injury.

At the time of birth:

The baby shows symptoms of asphyxia (no oxygen in the blood): is pale in color, listless- weakly breathing or not breathing at all, and has a dangerously slow heart rate. The baby might also show symptoms of hypoxia (too little oxygen in the blood) and present with a bluish skin color, weak or no breath, slow heart rate.

The baby may have low APGAR scores, or the doctor does not perform APGAR scoring. These scores are often significant evidence of injury to the child. Scoring takes place one minute after birth; a score of less than 5 strongly indicates the baby needs medical attention. Scores less than 4, at later intervals could suggest long-term neurological damage and a heightened risk for cerebral palsy.

After the birth of the child:

The baby has no interest or little interest in feeding or exhibits problems with the instinctual feeding mechanics (suckling, grappling). The baby is lethargic, sluggish, or exhibits asymmetrical movements in the face, arms, or legs.

After the birth, the baby shows signs, symptoms, or is diagnosed with neurological seizures. Symptoms of newborn seizures include repetitive movements, prolonged or continuous sucking, drooling, or sticking the tongue out, rapid eye movements, long pauses in breathing, and rapid muscle jerks.

These are a few of the major warning signs that an injury may have occurred during pregnancy, or labor, childbirth, or after the birth of the child. This list is not conclusive, but a general overview of clues that might suggest birth defects: possibly as the result of malpractice. A full review of your specific situation is critical to determining whether a birth injury is due to medical malpractice or medical negligence.

Our advice to parents is to trust your instincts. If something doesn’t seem right with your child or the way the medical staff is treating you or your child, start asking questions. Request your medical records from your prenatal doctor and all records from the hospital or birthing center where the child was born. Regardless of what the staff or administrators at the birth hospital might tell you, seek a second medical opinion, preferably with a doctor who does not use the hospital where the birth took place.

If you are not satisfied by that second opinion, or if that second medical opinion confirms your suspicions of malpractice-related birth defects in your infant, then call the birth injury malpractice lawyers at our Texas Law Office and have our independent medical experts review everything you’ve collected. Our staff can begin asking questions and getting answers. We have more than twenty years of experience working with parents and families affected by medical malpractice. If nothing else, you and your family deserve answers.

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The Most Common Situations that Can Produce Malpractice-Related Birth Defects

During pregnancy, the two most typical birth injuries to mothers and fetuses can be traced to drug interactions or the failure of the prenatal doctor to monitor or treat existing conditions appropriately.

Teratogenic medicines are drugs given to mothers that are known to produce side effects in a developing fetus. First identified in Thalidomide during the 1950’s, these types of prescription drugs are sometimes administered to expectant mothers with little regard for their effects on the fetus, and can lead to significant detrimental effects on the baby: including improper organ development and altered blood or brain chemistry. Some medications have no known effects on developing babies. But many drugs are listed as teratogenic and it is the doctor’s responsibility to not prescribe them, or discontinue their use, or warn the mother of potential birth defects due to these medications. If the doctor or pharmacist fails in this responsibility, these medical professionals may be liable for resulting birth defects, birth injuries, and medical negligence.

Common drugs which should not be prescribed during pregnancy include: Albuterol, Singulair, Celexa, Lexapro, Effexor, Paxil, Prozac, Wellbutrin, Zoloft and Accutane. Common maternal medical conditions which require significant warnings or different treatment during pregnancy include asthma, diabetes, depression, stress and anxiety, most cancers, skin conditions, hypertension, heart disease, bacterial infections that require antibiotics, inflammatory bowel disease, and chronic nausea and vomiting during pregnancy aside from traditional morning sickness which usually disappears before the end of the mother’s first trimester.

If a pregnant mother has a pre-existing condition or was diagnosed with a particular condition during pregnancy, such as hypertension, preeclampsia, or diabetes, it is a doctor’s responsibility to ensure that resulting treatment will minimally affect the developing child. Failure to monitor either maternal condition or the developing fetus’ condition may lead to medical negligence for any resulting injuries, harms, or aggravated conditions to the baby.

It is vital that both expectant parents be proactive in these situations. If that doesn’t happen, at the time of birth, there are several possible serious physical injuries that may result from medical negligence or medical malpractice arising from mismanagement of teratogenic prescription drugs.

Birth injuries that occur to the mother during delivery are often recognizable and usually caused by ripping, tearing, and disfigurement as a result of the baby passing through the birth canal. On their own, these injuries are rarely a result of medical negligence; however, improper diagnosis or treatment of these injuries can have life-long effects and these effects are legally actionable.

Birth injuries to a newborn child are much less recognizable by new parents. These physical injuries can include nerve damage, broken bones, severe bruising, blood clots and hemorrhages, head and brain injuries, and significant neuroskeletal damage. These serious injuries can lead to a later diagnosis of cerebral palsy, Erb’s palsy, brain damage, retardation, developmental delays, and disfigurement – all of which may have been preventable.

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Birth Injury: Cerebral Palsy

Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Signs of cerebral palsy generally occur by the first year of the child’s life, though there may be early hints of the condition beginning at the time of birth, including low APGAR scores, presence of seizures, and uneven or asymmetrical movements. All forms of cerebral palsy can be managed to some extent with continuous therapy. However, cerebral palsy is incurable.

There are four major types of cerebral palsy:
Spastic cerebral palsy, characterized by stiff, spasm-like movement.
Ataxic cerebral palsy, characterized by a lack of depth perception and lack of balance.
Dyskinetic cerebral palsy, characterized by a lack of control of bodily movements.
Mixed cerebral palsy, characterized by stiff, involuntary movements.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires a lifetime of therapy, treatments, and accommodations for your child and your family. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice attorney is essential to determine whether cerebral palsy could have been preventable and whether it can be attributed to medical malpractice. At the very minimum, your family deserves answers and options after a cerebral palsy diagnosis. Our birth injury attorneys and our medical-legal support team can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

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Birth Injury: Shoulder Dystocia & Brachial Plexus Injuries

Shoulder dystocia is a childbirth condition where one shoulder of the baby gets caught and stuck in the birth canal. This condition occurs in about 30% of vaginal deliveries and often involves serious, dangerous, risky maneuvers and techniques in order to free the shoulder and birth the baby completely.

Dystocia may be preventable in some instances by using ultrasound to determine whether the baby is at risk because of his or her size, or position or in mothers who have an unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended method of delivery. If a doctor does not utilize an ultrasound or proceeds with a vaginal delivery, shoulder dystocia may be evidence of medical malpractice. But most of the time, there is usually evidence of a separate birth injury to the child in addition to the shoulder dystocia that will suggest medical malpractice.

Some of the birth injuries that may result from shoulder dystocia, will be to the shoulder itself or the surrounding bones, muscles, and nerves. Erb’s palsy, also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia. The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of lifelong disability. Significant therapy, accommodations, and treatment may help the condition, but in many cases, these injuries and resulting conditions may have been preventable: and are caused by a doctor’s mistake or negligence.

Other injuries resulting from shoulder dystocia can include head and brain injuries. When the baby is stuck in the birth canal, the child rarely receives adequate oxygen to the brain. The longer the child goes without adequate oxygen, the more that infant is at risk for serious brain injury that will affect the child for his or her entire life. Fetal monitors will often show abnormally high heart rates when the baby is distressed or not receiving enough oxygen. If this continues for more than a minute or so, the fetal heart rate will quickly plummet, endangering the baby’s life. A situation where shoulder dystocia occurs and results in low APGAR scores, as well as a white or blue appearance and lack of or minimal breathing at birth, is a clear warning sign for serious brain and neurological injuries.

After a devastating diagnosis or risky delivery situation, you need answers and options following shoulder dystocia at the birth of your child. Our experienced birth defect attorneys can give you the answers and options your family needs as you choose your compensation strategy for medical bills, adaptive technology, and other immediate and long-term needs for your child. This will likely include long and costly physical therapy bills your family will incur as a result of a preventable Erb’s palsy, shoulder dystocia or brachial plexus injury. Our birth injury attorneys, investigators and medical experts stand ready to help you every step of the way.

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Head and Brain Injuries that May Occur During a Difficult Delivery

Head injuries are a typical occurrence in the birth and delivery process. Swelling and bruising of the scalp and forehead are common minor injuries, the direct result of traveling through a tight birth canal. Newborns may also exhibit a pointed head due to the soft cranial skull bone surrounding the brain. And even though most of the time, these conditions are temporary and return to normal within a few days of the birth, because the skull is soft and flexible, brain injuries are quite possible: sometimes with traumatic results.

Overzealous use of forceps, improper canal pressure, and the baby becoming stuck in the birth canal can lead to blood clots and hemorrhages in the brain, hypoxia (lack of oxygen) leading to brain damage, skull fractures, and other serious brain-related injuries. Though many of these injuries may be preventable, improper diagnosis or treatment of these injuries could have serious effects on the life and abilities of your child. Because of this, these injuries may be a form of birth injury medical malpractice.

One of the most common symptoms of brain injury is asymmetrical (uneven) body movement in your newborn child. Mothers will notice that one side of the face or the body does not respond or match the movements of the other side. This is described as a droopy smile or uncontrolled reflex movements rather than symmetrical (even and coordinated) body or facial movements. The affected side may be more sluggish to respond or does not respond at all in many forms of brain injuries. Correct and timely diagnoses are important while the child is developing so that treatments and therapies can begin as early as possible: which will hopefully minimize any effects from the brain injury.

If your child exhibits any or all of these types of injuries, or you suspect your child may have several characteristics of any of these symptoms of possible birth injury, contact our Texas birth injury attorneys and medical-legal team immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or medical professional was a fault for these injuries and resulting conditions. If this is so, your family and your child are entitled to legal compensation for these injuries and you need to contact us as soon as possible to discuss your situation or birth injury case with our specialized attorneys.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

Because birth injury cases are legally complex, a highly experienced birth injury attorney, a medical malpractice lawyer, birth injury medical experts, and a full support team are essential to your case’s success. This team works together with one goal in mind: to provide your family with answers and a full array of effective options for the injuries you, your child, and your family have sustained: and must endure every day.

Birth injury cases are classified as medical malpractice and medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else working in a health-related capacity who might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child might also be liable. However, determining who held the “smoking gun” requires expert legal investigators, doctors and medical professionals to identify with certainty, just whose negligence led to this disaster.

As you can imagine, assessing negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. The medical community also likes to hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

It’s also difficult to prove what happened during the pregnancy, labor, and birth of the child. But our medical experts are very gifted at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents and their legal investigative team must act quickly to preserve as much evidence as possible. Proactive measures such as pregnancy journals are a great way to refresh your memory about the nine months prior to the birth of the child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience.

Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, even if nothing was inappropriate or wrong. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence, from minute details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twists the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice.

But that’s just one series of challenges. The other surrounds the fact that Texas has enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

However, this is where investigation can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million.

This is why you must have an experienced and shrewd birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury brought on by medical malpractice.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. Our clients are family at our Texas Law Office and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury Attorney. Our lead attorney Discusses Brain Injuries that Occur During Labor

It is possible that during a difficult delivery that your child could have suffered a traumatic brain injury due to the negligence of a medical professional. If this has happened to you, Texas law allows you the right to seek compensation for damages incurred through an insurance claim or possibly a civil lawsuit if your claim is denied. The attorneys of our Law Firm are here to help your family receive the justice they deserve.

It is not unusual for a birth injury to be suspected or even identified by medical professionals at the time of birth. But sometimes these medical professionals will keep that fact to themselves and not share this news with the parents. We find this negligence in diagnosing this condition is often due to embarrassment or a genuine fear of a lawsuit. But withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong, when developmental challenges become more evident in the child: even if sometimes, the injury heals itself.

A delay in diagnosis can be a ticking bomb that brings greater harm simply because the earlier the diagnosis, the earlier a mother or child can undergo treatment and begin recovery. Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice.

Do you suspect a possible birth injury occurred during labor, delivery, or birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering, or life-threatening, not only for your child but devastate an entire family.

Our birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. One will certainly be comfortable, and appropriate for you to pursue. It is in that spirit that we share this valuable information about birthing brain injuries so you and your family can make the best, most informed decisions on how to handle your medical malpractice civil action and deliver the rightful damage compensation that will pay for the medical care you and your family need, and discourage repeated behavior by the medical professionals who caused this catastrophe.

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Several Different Types of Brain Injuries can Occur at Birth

Brain injuries at birth range from minor to severe; each carrying its own characteristics and consequences. The birthing process is inherently traumatic. And every woman’s ability to physically conduct a normal vaginal birth is different. During birth, babies are pushed via uterine and lower abdominal contractions through a tight birth canal. Complications can arise quickly and without much warning.

Most often, these difficult “normal births” are due to either an even smaller than normal birthing canal, or opening in the lower “saddle” of the mother’s pelvis which makes it difficult to impossible for the baby’s head to pass through. Women often refer to it as trying to “push a basketball through a garden hose.” Newborns often exhibit facial and cranial bruising from the travel through the birth canal, their heads slightly pointed due to soft, flexible skull and bone structure. And the proper thing to do is for the delivery team to perform a Caesarean section (C-section).

Because the skull is not hard and calcified, many types of brain injuries are easily incurred – some with greater consequence. Most of them can be avoided. Some of these occurrences are just a sad and statistically likely event and “just happen” in spite of the best efforts of the obstetrician and the delivery team. However, many brain injuries are the direct result of negligence on behalf of the doctors and support staff that help deliver the child. When such an event has occurred the parents of the child have every legal right to seek compensation on behalf of their child in order to compensate the child for his or her injuries (and the family who must pay for any and all subsequent treatment). Even minor mistakes in the delivery room can result in millions of dollars in extra healthcare, loss of earning potential throughout the life of the child and in extreme cases, debilitating, life-long physical and mental defects.

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Birth Injury: Skull Compression

Because the skull of a newborn is soft specifically so it can pass through the mother’s pelvis and birth canal, compression of the bony structure into the brain matter often occurs. And an infant’s skull seems magically capable of being able to compensate for a short period of physical pressure on the brain and recover: call it the magic of birth. But if that pressure lasts for longer than a minute or two, this extended pressure on the brain can disrupt the child’s development, resulting in retardation, changes in head muscle structure and performance, changes in neural and sensory development, changes in speech and vision, and disruption of the circulatory system. One or more of these conditions can become present in an infant as a result of a long period of cranial compression due to a complicated birth. And this compression of the baby’s skull can lead to many different forms of birth-related brain injuries, including:

Caput Succedaneum – This is a medical term for what is essentially a bump on the head. These often take the form of large knots on the scalp of the newborn, but rarely have much effect than to provide the newborn a pounding headache. Typically these bruises are observed, but often treat themselves within a day or two of birth. Rare is the case when this condition can leave the child with major injuries.

Cephalohematomas are small blood clots between the skill and the scalp of a newborn baby. These clots are usually brought on by a prolonged labor or by use of a vacuum to pull the newborn’s head through the birth canal. Cephalohematomas are typically not too worrisome either. But in severe cases, they may lead to jaundice, anemia, or hypotension, or may be indicative of a skull fracture and resulting infection. And any infection in a newborn can quickly become a Petri dish of other secondary infections that, if improperly treated, can threaten the baby’s life, or lifelong well-being.

Did You Know?
Our attorneys have been fighting for birth injury victims` rights for over 30 years. Call us to discuss your case.

Birthing injuries like the ones above are not all that unusual. And since they are easily recognizable by the parents, the OB/Gyn or delivery team members are more apt to be up-front in sharing diagnosis sooner than later since most of them clear-up rather quickly or can be normally treated, with the odds of secondary problems being very low. But the three below are a bit more sinister and most often, the source of many of the delivery brain injuries suffered by newborns.

Subgaleal Hemorrhage/ Hematoma are two terms that refer to bleeding between the scalp and skull. Typically, subgaleal hemorrhages develop two-to-three days after the birth: but if the condition is severe, symptoms may become evident much sooner. Because this space can hold up to 50% of a newborn’s blood supply, medical personnel must carefully observe the growth of the hematoma across the scalp. And failure to properly monitor or treat this condition early can lead to shock or the sudden death of the newborn. Additionally, this affliction can also lead to hyperbilirubinemia, a condition associated with significant brain injury, retardation, and potential death of the newborn. Though existence of the hemorrhage itself is not a legally actionable birth injury, failure to treat it (and any resulting detrimental conditions due to that failure) is.

Epidural Hemorrhage/ Hematoma is a very serious form of traumatic brain injury. These hematomas occur between the skull and brain matter, putting growing pressure on a portion of the brain. This condition as the potential to permanently damage the functions that area of the brain controls. These hematomas are often due to blunt impact on a portion of the brain, but can be also fueled by intracranial bleeding. Often, newborns will have a lucid interval for a day or so after birth as the blood slowly seeps into the brain, creating pressure that builds against the skull, then reverse-pressures the newborn’s brain, quickly rendering them unconscious. This type of severe brain injury most often directly points to medical negligence in many cases as the level of trauma required for an epidural hematoma is higher than most typical birth injuries.

Hydrocephalus was once referred to as “water on the brain.” It is is the accumulation of spinal fluid between the skull and the brain. Signs of hydrocephalus include an abnormally large head or rapidly growing head, a rounded soft spot on the scalp, eyes that look downward, and seizures that can be as small as barely-perceptible shudders to all-too-apparent uncontrollable shaking. The treatment for hydrocephalus is simply to surgically remove excess fluid and insert a small shunt in the skull to help regulate cranial pressure.

Though hydrocephalus itself is not a birth brain injury, again, the key to preventing resulting injury from cranial pressure, the buildup of fluid, or infection is early detection and quick treatment. A doctor, pediatrician, or obstetrician who fails to notice these symptoms (or fails to take timely action on these symptoms) risks serious consequences for the child, including development delays, organ system problems and failure, and paralysis. These injuries are clearly viewed as birth injuries and if your child’s doctor was negligent in diagnosing, treating or monitoring this condition, it is often medical negligence.

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Birth Injury: Hypoxic-Ischemic Encephalopathy

(HIE) is also called Hypoxia or decreased oxygen in the blood. The blood carries oxygen to all cells and organs. Some also refer to it as ischemia, which means decreased blood flow through the baby’s circulatory system. However it is referred to, this condition can result in severe consequences – most of which are preventable. HIE means that during pregnancy, labor, delivery, or birth, the baby did not receive enough blood or oxygen to the brain, resulting in significant injury. During labor and delivery, the proper use and monitoring of fetal monitors are essential to determining the general health and state of the baby prior to and during delivery. These monitors keep track of the baby’s heart rate and temperature – if the baby’s heart rate or temperature takes a sudden sustained jump, the baby is in distress and emergency action must be taken.

In many cases of HIE, fetal monitors are not utilized, not monitored properly or completely disregarded: a clear form of medical negligence. The resulting injuries to the child can be catastrophic. Without enough blood or oxygen to the brain over an extended period (which can be as short as a few minutes, the risks of retardation, epilepsy, learning disabilities, cerebral palsy, seizures, and other lifetime brain and neurological conditions grow exponentially. These permanent injuries occur to approximately 30% of newborns diagnosed with HIE and an additional 30% even face death before birth because of continued lack of oxygen. HIE is often diagnosed twelve to twenty-four hours after birth, usually at the onset of uncontrollable seizures. But the birthing team might begin to see signs of HIE within a few hours of the birth. HIE Babies are often referred to as “blue babies” or “ischemic”. And if normal color doesn’t begin returning to the newborn almost immediately, this should be a clear warning sign for mothers, fathers, and medical personnel that something has gone wrong during the birthing process.

If any of the above serious conditions occurred during or shortly after the birth of your newborn, you need to ask questions: hard questions. And if the answers don’t satisfy you, for the sake of your child and family, contact an experienced birth injury attorney quickly. The health and well-being of your infant child is at-stake: maybe even at-risk.

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Birth Injury: Cerebral Palsy

The causes of this condition can be traced to Hematomas, Hydrocephalus or HIE. Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Signs of cerebral palsy generally occur by the first year of the child’s life, though in more acute cases, they can reveal themselves within days of the birth. The first hint might include low APGAR scores (Appearance, Pulse, Grimace, Activity, Respiration), presence of seizures, and uneven or asymmetrical movements. All forms of cerebral palsy can be managed to some extent with continuous therapy. But others can be catastrophic and come with few treatment options (but years of continuous and expensive therapy). But today, in all cases, cerebral palsy is incurable.

There are four major types of cerebral palsy:

Spastic cerebral palsy, characterized by stiff, spasm-like movement.
Ataxic cerebral palsy, characterized by a lack of depth perception and lack of balance.
Dyskinetic cerebral palsy, characterized by a lack of control of bodily movements.
Mixed cerebral palsy, characterized by stiff, involuntary movements.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires perpetual therapy, treatments and accommodations for your child and your family. And it’s a life sentence for all of you. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice lawyer is essential to determine whether cerebral palsy could have been preventable and whether it can be attributed to medical malpractice. At the very least, your family deserves answers and if appropriate, legal and options after a disastrous cerebral palsy diagnosis. Our Law Firms’ birth injury attorneys and our medical investigative and support team can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

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Some Reasons Why Head and Brain Injuries May Occur During a Difficult Delivery

Overzealous use of forceps, improper canal pressure, and the baby becoming stuck in the birth canal can lead to blood clots and hemorrhages in the brain, hypoxia that remains after the birth can lead to brain damage. Skull fractures and other serious brain-related injuries can often occur. Though many of these injuries may be preventable, improper diagnosis or treatment of these injuries could have serious effects on the life and abilities of your child. Because of this, these injuries are often seen as a form of birth injury medical malpractice.

And yet, it is also possible that the injury could be the result of defective monitoring devices or other sophisticated equipment used to make birth’s easier to perform or less-dangerous to the mother and newborn-to-be. If our investigators find this to be the case, then there’s the likelihood of filing a defective product lawsuit against the manufacturer of the machinery. Or if it was improperly maintained, the provider who sells and services the apparatus could become a defendant: even the hospital.

Our Law Firm has deep experience in executing successful defective product insurance claims and civil cases over the past 30 years.

If your child exhibits any or all of these types of injuries, or you suspect your child may have several characteristics of any of these symptoms of possible birth injury, contact our birth injury attorneys and medical investigative team immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or some other healthcare professional was a fault for these injuries and resulting conditions. If this is so, your family and your child are entitled to legal compensation for these injuries and you need to contact us as soon as possible to discuss this with our specialized attorneys.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

Because birth injury cases are legally complex, a highly experienced medical malpractice lawyer, birth injury medical experts, and a full support team are essential to your insurance claim or civil case’s success. This team works together with one goal in mind: to provide your family with answers and a full array of effective options for the injuries you, your child, and your family have sustained: and will likely have to endure every day from now on.

Birth injury cases are classified as medical malpractice and medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else who works in a health-related capacity may have been negligent in the care of the mother or child. However, determining who held the “smoking gun” requires expert legal investigators, doctors and medical professionals to clearly identify exactly whose negligence led to this disaster.

As you can imagine, assessing medical negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. It also likes to hide behind the “mysteries” of its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

They also claim the difficulty in proving with any certainty, what happened during the birth of the child. But our experienced medical experts and investigators are very gifted at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible! Parents and their legal investigative team must act quickly to locate and preserve as much of the evidence as they can; even that which might have been hidden. Proactive measures such as pregnancy journals are a great way to refresh your memory about the nine months prior to the birth of the child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience.

Here’s why: as soon as questions are asked about the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, regardless of whether such a claim is ultimately filed or not. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to hopefully show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved in your labor or delivery.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause this person to lose his or her medical license and causes the insurance company to lose the money that the doctor paid for their premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family if they must pay a claim or civil judgment from a birth injury medical malpractice civil offense.

But that’s just one series of challenges. The other surrounds the fact that Texas has recently enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

However, this is where investigations can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million. But FYI – in a defective product lawsuit, there are no damage caps in Texas.

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The Best Weapon in your Fight for Birth Injury Malpractice Compensation is an Experienced Attorney

Since tort reform was enacted, there is a smaller pool of law firms that are willing to take on plaintiff malpractice cases. But our Law Firm believes that all victims deserve the right to recover legal damages, and need the right assistance, to seek and win fair damage compensation for any negligent medical malpractice.

Once our Law Firm is on the case, we will:

Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your child’s birth injury malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to assist in the investigation and testify on your behalf.
Deal with all communications with all involved parties, compose, receive, and manage all correspondence. We take care of ALL the paperwork and every contact.
Clearly prove all liability and damages to help you win the best and fairest compensation amount on behalf of your child and family.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best malpractice case possible for you in court if a trial is necessary and compute a fair and representative damage request.
If your child was born hypoxic or ischemic, or was diagnosed with HIE, call our Law Firm to speak to our attorneys today

The attorneys at our Texas Law Office have over 30 years of experience with every type of medical malpractice case. We have an intimate knowledge of the changes enacted by the tort reform. All of our attorneys know how to secure expert witnesses and present your case in such a way that all the relevant conditions for success are met. In other words, we can ensure that the true extent of your child’s injuries is known, and we can convince a jury that your newborn was the victim of medical malpractice or medical negligence.

We have a successful track record in successfully negotiating and litigating hundreds of malpractice cases. All malpractice liability insurance companies know how successful we are at constructing bulletproof civil claims. Often, once they know we’re on the case, they usually offer our clients a favorable settlement without even taking a case to court, which means we can help you get back on your feet even quicker.

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March 26, 2020April 30, 2020 Frank PichenLeave a comment

legal No.2 3/26/2020 medical – gtg

Our attorneys Discuss the Birth Injuries Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy

Birth Injuries are a serious medical concern and are these days are becoming all too common. The human birthing process comes with many potential hazards and something as simple as an impatient or overworked obstetrician or delivery team that rushes the procedure can have lifelong and detrimental effects on the child.

When such an event causes a serious injury, Texas laws allow the family of the child to seek financial compensation from the medical professionals responsible for these devastating injuries. Brachial Plexus, Erb’s Palsy, and Shoulder Dystocia are a particular subset of birth injuries that are generally the result of excessive force being put on the child’s body during the actual birthing process. All can cause significant injuries to sensitive nervous and muscle tissue that can range from nominal physical impairment to serious inability to coordinate movements in arms, the neck, and even facial muscles.

All licensed medical professionals are subject to the Texas laws of medical malpractice and medical negligence. In Texas, medical malpractice is a general category that describes any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover injuries or negligent behavior toward both expectant mothers as well as their babies. Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.

Birth “defect” cases almost always affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and also harm the mother. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with their excellent investigative teams) to properly sort through medical records and all other evidence surrounding the birth (and prenatal care) to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.

The type of birth injury cases this web page addresses usually surround injuries occurring to the infant at or around the time of birth: to include labor, delivery, or immediately following the child’s birth: most specifically the subsequent diagnoses of Erb’s Palsy brachial plexus and other nerve injuries, shoulder dystocia, and other neurological, skeletal, or muscular injuries that are the result of improper birthing techniques in the delivery room

Often, these types of birth injuries are suspected or identified by medical professionals at the time of birth, but this information is not always shared with the new parents at the time of detection. Medical personnel can fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury can heal itself

Do you suspect a possible birth injury occurred during labor, delivery, or birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. And though these injuries are most-often preventable or more easily treated with timely diagnosis, if left untreated, or without timely treatment, they can be life-altering for you, your child, and devastate your entire family.

Our Law Firm has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies with the parties responsible for the birth injuries and cerebral palsy. Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.

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Brachial Plexus/Shoulder Dystocia Injuries Universally Occur at the Time of Delivery

The brachial plexus is a network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand. Obstetric injuries may occur from mechanical injury involving shoulder dystocia during difficult childbirth when the nerves of the plexus are violently stretched and can lead to dislocation of the shoulder joint. This condition occurs during a particularly difficult or arduous labor and delivery and can manifest itself into several subtly different types dystocia due to many different causes such as abnormal positioning of the baby in the womb during delivery or abnormally large babies or relatively small birth canals; as well as unusual activity in the uterus or womb during delivery.

Dystocia occurs in about 30% of childbirths. In many cases, dystocia requires an “assisted delivery,” either with the use of forceps or with an emergency cesarean-section (c-section), rather than a standard vaginal delivery. No matter the birthing method, serious birth injuries can result, usually affecting this brachial plexus nerve bundle, and damages to these nerves can result in long-term, permanent disability – despite the fact that these injuries are very often entirely preventable by the birthing specialist or team members.

During a difficult birth, a baby’s shoulder may be caught in the birth canal. This often occurs due to the size of the child or birth canal or to abnormal positioning of the baby. Once the shoulder is stuck, the delivery quickly becomes dangerous. The baby is stuck and the pressure of the birth canal puts significant pressure on the umbilical cord, head, and neck, and can result in serious brain injury due to hypoxia. An obstetrician must quickly act, or risk serious brain injury to the infant. In this action, an OB must readjust the baby to get it through the birth canal safely, if possible and if it can be done quickly. This readjustment has its own risks, namely to the brachial plexus nerve bundle in the baby’s shoulder. If the doctor pulls the head and neck away from the stuck shoulder, the brachial plexus nerves are stretched, bruised, torn, or are severed, depending on the amount of force the doctor must use, either with forceps or via c-section because, during the latter procedure, the delivery doctor is literally pulling the baby in the opposite direction of the force of the birth in order to free the baby from its physical duress. Often this occurs with an inexperienced, tired, or otherwise negligent doctor.

Dystocia may be preventable in some instances by using ultrasound to determine whether the baby is at risk because of his or her size, or position within the uterus or the cervix area that connects to the upper vagina. This danger can be connected to a mother’s unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended method of delivery and a traditional vaginal delivery option is immediately discarded. If a doctor does not utilize an ultrasound or proceeds with a vaginal delivery out-of-hand, shoulder dystocia may be evidence of medical malpractice. But most of the time, there is might be evidence of a separate birth injury to the child in addition to the shoulder dystocia that will usually suggest some sort of medical malpractice during the birth.

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Erb’s Palsy is Usually the Ultimate Diagnosis After Delivery Room Brachial Plexus/Shoulder Dystocia Injuries to an Infant

Erb’s palsy, also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia.

This injury is characterized by a significant weakness or loss of movement in the affected arm and shoulder. Because the arm moves minimally, the muscle atrophies, further reducing the strength of the arm and shoulder. With all muscles, the “use it or lose it” rule certainly applies. Newborns with Erb’s Palsy often lack spontaneous movement in the affected arm or shoulder. They often lack the ability to grip anything in the affected hand, and often hold the affected arm tightly to the side flexed in a ninety-degree angle. Observant and diligent medical personnel should notice these symptoms immediately.

The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of lifelong disability. Significant therapy, accommodations, and treatment may ease many symptoms if the injury is not too severe. But in many cases, these injuries and resulting conditions may have been preventable: and are caused by a doctor’s mistake or negligence. And it’s why you and your family will greatly benefit from the services of a Texas/ Texas birth injury medical malpractice attorney.

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It is a Challenge to Determine if Birth Injury Has Occurred and to Identify the Liable Defendants

Birth injury cases are very complex and usually involve much more sophisticated investigations and strategies to successfully execute. A highly experienced Texas birth injury lawyer, birth injury medical experts, and a full support team are essential to your insurance claim or civil case’s success. This team works together to provide your family with answers and a full range of effective options for the injuries you, your child, and your family have suffered and must endure daily.

Birth injury cases are classified as medical malpractice and medical negligence and have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments arising from that incorrect diagnosis, or other actions. In addition, anyone else who is working in a health-related capacity might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child might also be liable. Conceivably, even hospital administrators can also be liable, depending on the circumstances. However, determining who was the “proximate cause” of your infant’s birth injury requires expert legal investigators, doctors and medical professionals in your corner to identify with certainty, just whose negligence led to this disaster.

Assessing this negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. They circle the wagons and often hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

It’s also difficult to prove what happened during the labor, and birth of your child. But our medical experts are very experienced at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. And it is a criminal violation to alter medical records. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents, their attorney, and the legal investigative team must act quickly to preserve as much evidence as possible.

Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.

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Medical Malpractice Insurers, and the rest of the Medical Industrial Complex Work against Your Claim or Case from the Moment They Know Something is Wrong

Here’s why – as soon as questions are asked about the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence with a single goal: to show that any injuries or resulting harms sustained by you or your child during the delivery were NOT the result of medical malpractice or medical negligence by any healthcare professional who was involved at any point of your pregnancy, labor, or delivery.

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that the doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice.

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Experience Matters in a Birth Injury Case

Generally, in any Texas personal injury civil lawsuit, the statute of limitations for filing a case is two years. But there are a few exceptions that could lengthen those statutes in your favor.

Civil cases in Texas are subject to the “discovery rule” which states that the two years do not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. For example, if the symptoms of malpractice are not evident until several years after the birth, the statute of limitations does not begin until the condition that was caused at birth is actually diagnosed.

Also, in cases where the defendant deliberately concealed their involvement or culpability in performing medical malpractice, the statute may be extended to allow the injured plaintiff (or family in the event of a birthing injury) to pursue civil action against the medical defendant. In some situations, this concealment may be criminal. Or the concealment may have been part of a larger criminal enterprise by the hospital or birthing clinic. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. And when a defendant must answer criminal charges as well, it invariably strengthens that criminal case, even if the defendant is ultimately exonerated in criminal court.

If the malpractice insurance company knows that malpractice has occurred and it’s apparent, they might try and settle with you for a much smaller total amount than the actual worth of your civil case or claim. Because if they can do that, and pay you ten cents on the dollar, once you accept that compensation check and sign that release, you cannot bring suit again for additional payment. This is why it is very important to remember before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.

Our investigations produce strong cases. And insurance companies will only agree to a just settlement for your legal damages arising from a birth injury malpractice claim if you are represented by an attorney with a history of courtroom success. Insurance companies and their lawyers are eager to take on non-lawyers. But they fear us. When we file a claim, then back it up with evidence from our investigations, the insurance companies often see reason and settle for a fair amount. They want to avoid a trial, especially if they already know that we together have a very solid case. This means that our clients can win a fair settlement; and avoid a protracted and contentious civil trial.

Our Texas birth injury attorneys have over 30 years of experience representing victims of all forms of medical malpractice. Our investigators and medical support team pride themselves on providing the largest number of options for you and your family when your child is the victim of a birthing injury. Our clients are family at our Texas Law Office and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Our Law Firm Wants to Help You Understand What to do After a Car Wreck

If you or a loved one has been involved in a car accident anywhere in Texas, you are probably becoming aware of what you must do in order to be compensated for all of the damages you have suffered due to the negligence of the driver who hit you. And you’re probably finding out that maybe those legal compensation damages won’t come easily to you.

If the car accident is only a minor fender bender in a parking lot, then your concerns are probably minimal so long as no one was hurt. But it can also be a destructive a wreck with disturbing injuries and deep scars: physically and psychologically on you, the unlucky accident victim and maybe your passengers.

Whether your injury accident is a minor one, or more serious, and if the accident is not your fault, you are legally entitled to seek compensation for the financial, physical, and emotional injuries you suffered from it. But it is impossible to even guess, much less compute, the amount you actually may be entitled to because of the damages you must ask for depending on the circumstances that surround the accident itself, and the injures you have suffered from it.

The Texas auto wreck lawyers at our Texas Law Office will share some general information with you that applies to most car accident cases. We also hope to help you understand if you have a valid claim against those who may have caused the accident. We’ll explain how an insurance policy can affect your case. We’ll also make clear the circumstances in which hiring a car accident attorney can greatly benefit the positive outcome of your case. And finally, we will point out the things you should look for when selecting a car accident attorney who can best assist you with fair compensation.

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Do you have a Legal Damage Claim as a result of your Automobile Accident?

Auto accidents are a common occurrence. But how do we know whether or not we have a successful personal injury case against a negligent driver-defendant who should reimburse us for our injuries? Most of the time, an accident victim has a legal right to collect money for his injuries by proving the four elements of an auto accident claim in court. Since all defendants are innocent until proven guilty, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.

There are four elements to proving negligent injuries against a defendant and you must clearly demonstrate your charges are true within these elements. They are presented sequentially and build on the evidence previously proven. These elements are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for the full amount of your legal damages.

Duty
The route to a successful car accident claim begins with your attorney proving that the defendant owed you a duty of care. We all have a duty of care to avoid causing injury to another person. This duty of care is defined by whether a reasonable person, under the same circumstances, could have anticipated that their action or inaction would have caused injury to another person. Sometimes a duty of care is clear. One example of the legal duty required in all drivers is this: At a red light, you must stop because a reasonable person in the same circumstances would be able to see that not stopping at the red light could cause an injury. However, other times the duty can be more difficult to identify because it can depend on mitigating (or unforeseen) circumstances surrounding the accident itself.

Breach
The next step is proving that the defendant actually breached the duty of care that is owed to you. To prove this, you have to clearly show that the defendant acted unreasonably under the circumstances. To prove that the defendant breached a duty of care you and your Texas car accident attorney must present solid evidence to show exactly what the other driver did, or did not do, to cause the accident. A jury will hear this evidence and the other facts of the case to decide whether the defendant’s actions were, or were not, appropriate under the circumstances. Some examples of behavior that might be considered unreasonable breach include driving while under the influence of alcohol or drugs, rolling through stop signs, or driving without headlights in the dark, just to name a few. Of course all of these examples are dependent on the circumstances surrounding the car wreck. If you can prove that the other driver acted unreasonably under the circumstances, you have shown the jury that the defendant breached his duty of care next move on to prove the driver’s negligence.

Did You Know?
Our Texas Texas attorneys have won hundreds of car accident cases. Call us today to discuss your case.

Causation
Once you show that the defendant breached their duty of care, you next must prove causation. This means that the breach by the defendant was the direct cause of the accident that produced your injuries. And the best route is proving negligence. Many times, in order to avoid liability for your injuries, the defendant’s lawyer will work to shift responsibility for the accident to someone else. The defense will try to blame another driver, a pedestrian, or even you in order to get out of paying for your damages. They might claim “unforeseeable circumstances” such as a homeless person stepped in their path and forced them to hit you, or their toddler threw a bottle of apple juice at them which caused the accident, or their headlights suddenly stopped working because of a blown fuse. Maybe it happened, maybe it didn’t. But if the defendant can convince the jury that unforeseen events or a third party caused the accident, he will probably not have to compensate you for your damages. To prove causation (negligence), your evidence must clearly show that the careless driver responsible for the accident and your injuries is liable for legal damages. And this often involves disproving their explanations, no matter how illogical, or ridiculous they might appear.

Damages
Now that you’ve proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto and is the cause of your car wreck injuries, it’s now time to hand him or her the bill in court in the form of damages. “Damages” is the full amount the defendant owes you for your injuries. They can include every penny of your medical expenses, both current and future, lost wages due to disability from the accident, again, current and future, along with your pain and suffering and property damage as a result of the negligent accident. You will need to prove to the jury that the injuries the defendant caused are fair and specific. In order to prove the damages you sustained, you have to show the court evidence of your losses as a result of the injuries caused by the defendant.

While you and your accident attorney are busy coming up with the right damage amount, the defendants are also working on the very same task, totaling up their anticipated losses from a guilty verdict. Damage amounts are usually the most contentious issue in a car accident case. Defendants calculate how much they think they owe accident victims just in case the jury finds them guilty. And they often claim that they really owe you much less than you’re asking. Then they will try to justify their position by accusing you of asking for a handout by saying your damage request is excessive. They’ll also probably accuse you of filing a frivolous lawsuit, which is a pretty popular claim with defendants and their attorneys these days. Nevertheless, you must clearly show the jury that your requested damage amount is realistic and proportional to the true harm done to you, and any of your vehicle’s passengers if there were any. This is usually the last stand a negligent defendant makes. So, finish your case strongly and clearly account for your losses and the sum total of your damages.

Determining the full amount of damages is as important as the other three burdens of proof since you have only one shot to receive damages from any single negligent defendant. There are no do-overs. But computing damages is quite a chore without a Texas auto wreck personal injury attorney who knows the value of your losses and how to effectively calculate them. How do you put a price tag on an intangible loss such as pain and suffering, or that of your child if one was injured? In calculating the loss of earning capacity if you are disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you figure out how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? The auto accident lawyers at our Texas Law Office know how to account for and calculate every one of your damages, and make certain that you recover as much as possible for your injuries.

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Beware of Defendants Regardless of Whether They are Insured or Uninsured
Whether an insurance company is responsible for compensating you for damages from an auto wreck can have a significant impact on the legal process and ultimate outcome of your case.

All motorists in Texas are required to drive with proof of liability insurance coverage. But many choose to ignore the law and drive uninsured. If the other driver is found liable for your injuries, he will most likely be personally responsible for compensating you if both you and the other driver are uninsured or if the other driver is uninsured (and you do not have uninsured motorist coverage). Often the other driver is insured, but doesn’t have enough to cover the full value of your damage claim. If that happens, then the other driver must pay you the difference.

If any of these scenarios apply, you must be concerned about the defendant’s finances. If he or she is insolvent (in other words, doesn’t have the money to pay your damage award), then you will not receive fair (or any?) injury compensation. It’s sad when this happens. And a lot of car accident injury victims don’t receive full compensation for their injuries because the other driver was either uninsured and did not have the money to pay the victim for his losses, or had substandard coverage and could not make up the difference..

Sometimes, a driver who has been involved in a wreck will take steps to hide his assets and appear insolvent. He might also try and hide this accident from his insurance company that could drop his coverage if he gets in another wreck. No matter the reasons for this defendant’s behavior, if you suspect this to be the case, our car accident injury lawyers at our Texas Law Office will conduct a thorough asset check on any accident defendant to find out how much he’s really worth. If there’s money available, we’ll find it and work to make sure you get your fair share.

Suppose that both you and the other driver were insured and his insurance company is responsible for compensating you for your injuries. This is generally good news because in most insured cases it means that there will be at least some compensation money coming your way. And if you find out quickly that this will be the case, chances are you might not need a lawyer. But proceed very cautiously, say as little as possible and keep your options open until you are ironclad-certain that things will are turning out your way.

This is because that in just about any accident where an insurance company is involved, it means that you’ll be up against an aggressive company that is in the business to make money, not to give it up. They will try to do everything possible to pay out as little as they can, or not at all. These companies employ adjusters, accident experts, investigators, and specialized insurance defense attorneys to try to deny your claim or to pay you as little as possible.

Also, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Just because there is money theoretically available under an insurance policy to compensate you for your losses doesn’t necessarily mean that money will be easy to get your hands on, or that it will suffice. Anyone who has carried minimum coverage for themselves (or tried to deal with a minimum coverage agency when they’re in an accident) understands that some companies pay better (and quicker) than others, while others aren’t very responsive to any process other than taking-in premiums and not paying out. With some, the only way to get their attention (or their lawyers) is to file your case in court.

Any of the above “insurance-related” scenarios might apply to your auto accident. This is why, in order to be fairly compensated for your injuries, you will have an uphill battle against these professionals whose daily job is to pay out as little as possible for car accident claims. And it’s one of the biggest reasons for you to hire an experienced auto accident injury attorney: ASAP!

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Do You Need to Hire a Lawyer After a Car Accident? Have any of These Already Happened?

In most instances it takes a Texas car accident injury lawyer to assure that accident victims recover the actual worth of their medical bills, pain, suffering, disability (if applicable), and damages to their vehicle and its contents. But as we’ve previously said, if the circumstances surrounding the accident and its coverage level are minor, or if everyone is behaving “above board.” a reasonably intelligent accident victim can likely handle his or her claim on their own, without the assistance of a lawyer. But here are a few scenarios that will generally tell you if you need the services of a Texas vehicle accident liability attorney.

You’re in Pain or Suffered Physical Injuries in the Car Wreck
If you suffered any sort of bodily injuries that are more severe than bumps & bruises, it’s best for you to have an experienced attorney handle your legal business. A good rule of thumb in determining this is whether or not you must make a return visit to your doctor after being initially treated for your injuries. Or if the doctor you see is your family’s trusted primary healthcare provider, ask him or her. When you seek damages for bodily injuries, insurance companies don’t necessarily have to abide by any predetermined guidelines when deciding how much to pay you, especially when it comes to pain and suffering. Insurance companies are more about collecting premiums than paying claims and can chose to pay you nothing. Such blanket refusals are a huge benefit of having an attorney who is looking out for your interests. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing and call a good attorney. Or have your family do it if you are unable to. And do it quickly.

The Other Driver is Hard to Deal With
Call a lawyer if the driver who caused your accident gives you a hard time either at the scene of the wreck or later, or if that other driver doesn’t want to give out his contact or insurance information. Belligerent accident “victims” usually have something to hide, either from the law or their insurance company. You should see such belligerence as a serious clue that he’ll make it as difficult as possible for you to recover what you deserve. Consider it a warning that you need to seriously consider hiring a lawyer; and don’t be slow about it.

The Insurance Company Pressures you to Settle or Continually Harasses You
Insurance companies can be extremely difficult to negotiate with. And they waste a lot of your time if you haven’t got an attorney to stand between you and them.

Insurance companies are out to protect their own interests. As we’ve already said, those interests involve collecting premiums and paying out as little as necessary in claims. They’ll use adjusters to find ways to deny your claim. These adjusters may repeatedly contact you and ask what appears to be harmless questions about the accident or your injuries under the guise of “getting the facts straight.” But they’re usually calculated to induce you to say something to later be used against you to deny your claims. All conversations will probably be recorded. And they could come back to haunt you as evidence when it’s time to appear in court.

Our accident injury clients know the best way to deal with insurance adjusters: just don’t deal with them at all. Adjusters don’t call our clients, they call us instead. When adjusters can’t talk to you, they can’t twist your words to use against you.

Many times an insurance company will pressure you to settle for less than it’s worth: often a lot less. Now we have nothing against accepting a fair settlement if it will benefit you. But an unfair settlement can devastate your legal rights. When you accept a settlement, you waive your right to sue the defendant in the future. The settlement you accept is all you will ever be able to collect. So it’s important not to accept an offer unless it’s fair. And the only way to determine a fair settlement offer from an insurance company that wants to victimize you is with the assistance of an attorney who knows how to assess the true value of your damages and knows when you’re being low-balled.

Insurance companies know that most accident victims are strapped for cash in the wake of the wreck. They have large medical and auto repair bills that must be timely paid. And perhaps injured victims are unable to work as a result of their injuries. So their already reduced income is used for paying those monthly bills that never stop, which means there’s little, if any, money left over to pay the additional burden of accident-related expenses.

The insurance company’s strategy is to entice you with just enough fast cash that might get you back to even. But what if that’s not the end of your financial peril? Settlements you accept from an insurance company before you have a lawyer on your side rarely, if ever, benefit you in the long run. But they’re always binding. Don’t let the defendant in your case get away with paying you less than you deserve. Call our car accident lawyers to learn what your case is really worth, so that you know whether or not the defendant’s offer is fair.

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What if you can’t Afford to See a Doctor or Pay Your Emergency Room Bills?

Many people living in Texas don’t have health insurance to help them pay for the medical treatment they need immediately after they’ve been involved in a wreck. Even if an accident victim does have health insurance, the odds decrease every day that their medical treatment will be paid through their health benefits. And regardless of whether or not they have health insurance, many accident victims are reluctant to get recurring treatment after the car wreck for their injuries because they don’t think they can afford to take the time off from work that they’ll need to see a doctor. Or they can’t afford to pay the high deductibles which make using their health insurance impractical.

Seeing a doctor and getting treatment for your injuries after an accident is not only essential to your health, it’s absolutely necessary to your injury claim or lawsuit. If you can’t afford treatment, or if you already have medical bills that you can’t pay, there’s probably something that our personal injury lawyers can do to help. We regularly work with doctors and healthcare professionals and can refer you to the right one who will take your personal situation into consideration and give you the medical care you need. We have helped many of our clients receive the vital treatment they need after an auto accident: and at no out of pocket cost to them. Additionally, we can explain how the time you take off from work to get the medical care you need may become part of the damage compensation owed to you by the defendant in your case.

You have a Bad “Vibe” About How your Claim is Being Handled

If you feel “funny” about how the insurance company is handling your case, you’re probably right. Insurance companies aren’t in business to help people: just make money. And the more creative they are in finding ways to deny legitimate claims, the more money they’ll make.

This is especially true with most insurers who aggressively market themselves as “minimum coverage” auto insurance firms, even though we have been able to deal fairly with a few of them. But it’s best for you to call a lawyer if you have a bad feeling, or if any of these circumstances apply:

The insurance company offers you a settlement before the full extent of the medical treatment you’ll need is known.
The insurance company offers you less money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while your vehicle is being serviced by a mechanic.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse either to do so or keep stalling you when you ask for payment.
The insurance company takes too long to respond to your inquiries (this could means that they’re investigating your claim behind your back or just “shining you on” and haven’t yet told you they’re not going to pay your claim).
The insurance company tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get”.

If you’re lucky, and none of the above circumstances applies, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer. Sometimes, car accident victims can successfully protect their own rights when they’ve been involved in a wreck which resulted only in damage to their vehicle. If your car was damaged, but you’re not injured, insurance companies are bound by strict guidelines when it comes to compensating you for damages to your vehicle, or its replacement. Since these guidelines give them little wiggle room, insurance companies have fewer opportunities to rip you off when they reimburse you for your repair bills or vehicle replacement.

After a wreck in which your car alone has been damaged, take down the other driver’s contact and insurance information. Then, drive your car or have it towed to a mechanic. The mechanic will bill your insurance company directly, and your insurance company will pay the mechanic. Then, your insurance company will, in turn, submit the repair bill to the other driver’s insurance company for reimbursement.

An experienced local attorney with our Law Firm will analyze your case, and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and with this experience in your rear-view mirror.

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Choosing the Local Texas Auto Accident Injury Lawyer Who’s Right for You

If you have been in a car accident in our community, you need to contact an attorney who can give you the best results possible. Our experienced car accident attorneys suggest that you speak with two or three attorneys before deciding on the one to handle your case. When consulting with one, ask about experience in handling cases similar to yours and make sure to discuss this lawyer’s record in litigating and settling similar car accident cases. Also ask the attorney to provide you with a few names and contact information or a few former clients with cases similar to yours. And then call them. Do not hire the attorney unless you trust him or her and are confident in their ability to represent you in a way that you are comfortable with.

The auto accident attorneys with our Law Firm have been handling car accident litigation for over 30 years. We’ve won favorable verdicts and negotiated fair settlements against nearly every major auto insurer in the state. Insurance companies recognize our name, and our reputation that precedes us. Both are very helpful in securing our clients’ fair claims from these insurers. Our business is making sure that you recover as much as possible for your injuries and simplify what, to many, is a complicated, often dubious legal process. Below is a list some of the services that we provide for our clients:

The time after a car accident is often stressful and confusing to the victims. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case, or represent yourself when you are clearly unqualified to look out for your (or your family’s) best interests. We are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know were injured in a car accident, contact an attorney at our Texas Law Office today for a free consultation and find out how we can help you.

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March 26, 2020August 30, 2021 Frank PichenLeave a comment

legal 3/26/2020 – gtg birth injury

law content 1/11/2020

The American legal system is complicated because we demand so much of it. As lawyers, we are well aware of the criticisms that have been made about the American legal system. Critics complain that it is inefficient, too expensive, and too slow.

What the critics often fail to realize, or admit, is that the American legal system recognizes and balances many valuable rights. It would be easy and efficient to administer a legal system if we could simply ignore the pesky rights of citizens or disregard the complex interests of those who come to the courts for justice. There are a few cases that we could not decide in a minute or two if all we had to do was listen to a soundbite by a newscaster. It is easy to make a court decision seem ridiculous or unfair just by leaving out most of the details.

The cases that make their way to the courts of this state are complicated. Important and serious rights are involved, and important public interests have to be balanced. It is the genius of the American common law system that our law is flexible to adapt to new circumstances as they arise. American law changes every day. Under the American system of justice, we start with broad principles found in our Constitution. Our legislative bodies, Congress, our state legislatures, and our city and county governments enact laws. Those laws are interpreted by courts. At the state level, those courts consist of judges who are also elected officials.

Our legislative bodies also create administrative agencies that are empowered to issue regulations. Those regulations must also be interpreted, and it is the job of the courts to interpret those regulations to carry out the goals of the legislature and the administrative agency, as well as to protect the public interest.

American law also relies heavily on principles that we inherited from England and have adopted and adapted to our own needs. These principles are called “common law.” Although most common law principles have now been codified by legislation, those principles are still subject to interpretation and development by decisions of courts. When appellate courts make decisions that clarify or change the law, those decisions are published.

Of course, American law is complicated. American law is complicated because American society is complicated. There are numerous important public issues, and there are legitimate interests on every side of those issues, and fair consideration must be given to all of those interests.

In the 21st century, lawyers keep up with the constantly changing legal environment by means of computer-assisted legal research. It takes years of training and experience to get comfortable researching and applying the law to new fact situations.

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PERSONAL INJURY 101

Mention an auto accident or a slip & fall incident and many people think of an attorney chasing an ambulance. The sad fact is this is exactly what the insurance companies want you to think of.

Insurance companies want you to either:

(1) do nothing regarding your accident, or

(2) handle the claim yourself.

In such cases, the insurance company wins big because it is not required to pay you full value for your loss. A quick lesson in insurance economics. When you purchase insurance you pay a premium. The insurance company uses underwriting data to determine the premium. The underwriting data factors in the number of accidents, the type of injuries, and the value of the injuries and damages that can be expected. The data is reliable because it includes accident statistics from your area and from the entire state. It covers many years and is capable of picking up trends. Most importantly, it assumes that full value will be paid on each and every claim and that after all the money changes hands, there will still be money left over for the insurance company (i.e net profit). Now, if the insurance company can convince you to accept less than full value on your claim, they realize a windfall. And when they realize this windfall, where do you think the money goes? [On a related note it is interesting to observe that annually many of the largest jury verdicts are awarded against insurance companies for dealing in bad faith with their policyholders.]

Once you are injured you need the assistance of a skilled personal injury attorney. The attorney can navigate you through the confusing maze of medical coverage, PIP reimbursements, general damages, and case investigation. If done timely and properly your case is strengthened and your chances of receiving a full recovery are greatly improved. If done poorly or untimely, your chances of receiving a full recovery all but disappear. Timely legal representation sends a strong message to the insurance claims adjuster: “I will not allow you to ignore my rights and I will demand that you fully compensate me for my injuries and damages.”

LAND USE 101

One of the most complex and least-understood areas of law is land use. Politicians are still tinkering with the land-use system. As a general observation, leaders from one party answer to interest groups that want to stop nearly all growth, while leaders of the other party answer to interest groups and individual property owners who want to open up the system and permit unrestricted growth. The best system is most likely somewhere in the middle. In such a system, each application would be weighed on its own merit, and decisions of the public body would have to account for private property rights as well as public safety.

The framework of land use is somewhat simple. Within the state, each county and city operates under a Comprehensive Plan. These Plans establish generalized aspirational goals as determined by that jurisdiction. Next are the zoning districts. Zoning districts attempt to cluster like and complementary uses within a specified area (i.e. industrial uses in the industrial zone, residential uses in the residential zone). Within each zoning district, there exists a list of allowed uses. Generally speaking, if what you want to do with your property is listed as an allowed use within your particular zone, you can proceed without further process. If what you want to do is not listed as an allowed use, you may be able to obtain approval nevertheless if the use can qualify as a conditional use. These are uses that require you to first meet certain conditions before you will be granted a permit to do what you want to do. If you are required to apply for a conditional use, be prepared for a fight. Most land use applications that are contested involve conditional uses. This is because the decision to approve or not approve a conditional use involves a considerable amount of discretion on the part of the local jurisdiction. If your neighbor or a local watchdog organization wants to cause you grief, they need to look no further than your conditional use application. The conditional use process provides ample opportunity for challenge, delay, and increased costs.

So what do you do if the applicable zoning does not allow you to do what you want to do (either as a permitted use or conditional use)? Give up or seek an amendment to the Comprehensive Plan and the Zoning Ordinance. This process is time-consuming and expensive. Again, expect opponents to challenge your every move and force delay and increased costs.

Should you prevail at the local level you are still not out of the woods. Your opponents may file an appeal of your local approval with the Land Use Board of Appeals. They have the power to approve, reverse, or remand the local decision.

One absolute with regard to land use is that you should retain a land-use attorney to assist you through the process. Significant rights can be lost if you move forward without first having determined all of your options. Understand that while most local planning staffs try very hard to process your application in a timely manner, they do not represent you and they cannot give you legal advice.

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1. How do I know if I need an attorney?

If you have been injured due to the actions of another person, you need to speak to an experienced personal injury attorney in order to determine if your claim is worth pursuing.

2. How much will it cost me to meet with an attorney?

Nothing. There is no charge for your initial personal injury consultation with Our Law Firm.

3. If you take my case, how are you paid?

If we determine that your personal injury claim has merit and should proceed, we will present a written contingency fee agreement. Under this arrangement, if we secure a recovery for you we are paid a percentage of the recovery – if we do not secure a recovery you pay no attorney fees.

4. If I am injured in an accident, should I speak with the insurance representative when he/she calls me a few days later?

No. Do not speak with the insurance representative for the other party. That person has financial interests that are opposite to yours and will attempt to solicit statements from you that could compromise your claim. Don’t be fooled by the fact that she/he may seen friendly and pleasant.

5. Do you help with medical bills and other issues related to the accident?

Yes. Our staff coordinates all aspects of your claim. This includes communications with medical providers and bill collectors. We also work with your insurance carrier on PIP issues and work to obtain temporary income replacement should you be unable to continue working.

6. How soon should I retain an attorney?

ASAP. At Our Law Firm, we spring into action as soon as you retain us. We quickly gather evidence before it is lost or destroyed and we put the insurance adjuster on notice that he/she will have to deal fairly and be prepared to pay you full value for your loss.

7. Why should I hire your Law Firm to represent me?

We have some of the most skilled trial attorneys in the area. We have tried death cases, fender benders, and everything in-between. We have a solid and professional reputation with judges, other attorneys, insurance adjusters, and law enforcement agencies. Our experience means that you will receive full value for your loss.

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Are You Aware of the Legal Ramifications and Signs of Common Birth Injuries?

Has your child been afflicted with Cerebral Palsy after a difficult labor and delivery at a hospital? If so, then you and your family have the right to recover appropriate legal damages from those who caused this tragedy, with the help of an experienced birth injury attorney who specializes in Cerebral Palsy cases.

All licensed medical professionals are subject to the Texas laws of medical malpractice and medical negligence. In Texas, medical malpractice is a general term describing any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover injuries or negligent behavior toward both expectant mothers and their babies. Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.

Birth “defect” cases can affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single negligent act may cause a birth injury. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with an experienced team of investigators) to properly sort through medical records and all other forensic evidence, and then identify the negligent parties responsible for injuries sustained by the child: leading up to, including, and after, the birth..

The second type of birth injury case usually surrounds injuries occurring at or around the time of birth: to include labor, delivery, or immediately following the child’s birth. Most birth injuries affecting the newborn fall into this type of case. It can include subsequent diagnoses of, to cerebral palsy or other brain injuries, disfigurement, and other neurological injuries.

Often, birth injuries are suspected or identified by medical professionals at the time of birth, but this information is not always shared with the new parents in a timely fashion. Medical personnel fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay diagnosis until the child is old enough for parents to more easily detect that something is wrong when developmental challenges become more evident in the child: even if sometimes, the injury heals itself. Sadly, with Cerebral Palsy, then never do.

Do you suspect a possible birth injury occurred during pregnancy, or labor, delivery, or the birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or a member of the delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis when they occur, they can be life-altering (or life-threatening): not only for you, but your child and devastate your entire family.

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Cerebral palsy is the name given to a variety of conditions that affect the muscular and neurological systems of a person. It is not a specific birth injury but is the result of a brain injury that can occur during fetal development until a child has turned two years old. The brain injury happens in or near a specific part of the brain and can affect muscle coordination, body movement, neurological signals, and posture, all in different degrees of severity.

Cerebral Palsy and the Four Types of the Disease
Cerebral Palsy (CP) is the name given to a variety of conditions that affect the muscular and neurological systems of a person. It is not a specific birth injury but is the result of a brain injury that can occur during fetal development until a child has turned two years old.

It is actually an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Symptoms of cerebral palsy can be seen within months of the initial injury, but may sometimes not appear or be diagnosed until a child has turned one or two. Cerebral palsy is treatable, but it is not curable. As a result, a child suffering from cerebral palsy will require life-long care, accommodation, and therapy. If medical malpractice caused your child’s cerebral palsy, the medical bills, both past and future, and other incurred damages, could be compensated for through a medical malpractice lawsuit. Our cerebral palsy attorneys can assist you in holding a negligent medical professional accountable for their actions.

The four types of cerebral palsy are identified by the area of the brain that has been injured.

Spastic Cerebral Palsy accounts for approximately 70% of all cerebral palsy cases, making it the most commonly diagnosed form of cerebral palsy. Spastic cerebral palsy occurs because of an injury to the brains’ motor cortex. As a result, muscle movements can be stiff, spastic, or uncontrollable. Those that suffer from spastic cerebral palsy have tight, non-flexible muscles. Spastic CP is known by other names depending on the area of the body affected by the injury.
Spastic diplegia occurs when the lower half of the body, typically the legs and abdominal muscles, have been affected by cerebral palsy. Symptoms of spastic diplegia can be seen in a “scissor walk,” where spastic diplegics walk on their toes because of the hyper-tightness of the muscles in their lower body. While their upper body muscles are not affected, nearsightedness can be a common symptom as well. Spastic diplegia is the most common form of spastic cerebral palsy.
Spastic hemiplegia occurs when only one half of the body is affected by cerebral palsy and is caused when a brain injury or nerve damage affects only that side of the body. Of those that suffer spastic cerebral palsy, those that have spastic hemiplegia are often the best able to walk.
Spastic quadriplegia occurs when all parts of the body are affected by cerebral palsy, from both the top and bottom halves of the body, as well as both sides. It is the most severe form of spastic cerebral palsy. Children that suffer from spastic quadriplegia often cannot move or walk because of the inflexibility of their muscles throughout their bodies. Body tremors, either partial or full, can also occur in those with spastic quadriplegia.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires a lifetime of therapy, treatments, and accommodations for your child and your family. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle these continuous and burdensome costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex; but often, a subsequent investigation by your attorney reveals that the affliction was indeed preventable. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice attorney is essential to determine whether CP could have been preventable and whether it can be attributed to medical malpractice. At the very minimum, your family deserves answers and options after a Cerebral Palsy diagnosis. Our birth injury attorneys and our medical-legal support team can help you to learn more about your family’s options after a Cerebral Palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

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Problems during Delivery That, if not Treated Properly, Might Suggest Malpractice
During delivery, your baby may have been abnormally positioned. Abnormal positions cause a vaginal delivery to be difficult and dangerous, often leading to a birth injury to both the mother and child.

The baby might have been abnormally large and/or the birth canal was too small for the baby to pass through normally, yet the doctor insisted on performing a traditional delivery anyway rather than the recommended delivery method of Cesarean Section (C Section). In cases where the baby is too large to pass through the canal, instrumentation and complicated maneuvers are used, often to the detriment of mother and child if an obstetrician chooses to avoid the less-dangerous C-Section.

The doctor may have used instrumentation such as forceps, a pressurized vacuum, or other instrumentation that forcibly pull the baby through the birth canal and risk significant injury to both the mother and child, often in the form of head or brain injuries or brachial plexus injury to the baby.

Cerebral Palsy Symptoms at the Time of the Birth:
The baby shows symptoms of asphyxia (no oxygen in the blood): is pale in color, listless- weakly breathing or not breathing at all, and has a dangerously slow heart rate. The baby might also show symptoms of hypoxia (too little oxygen in the blood) and present with bluish skin color, weak or no breath, slow heart rate.

The baby may have low APGAR scores (Appearance, Pulse, Grimace, Activity, Respiration) or the doctor may not even have performed an APGAR scoring). These scores are often significant evidence of injury to the child. Scoring takes place one minute after birth; a score of less than 5 strongly indicates the baby needs medical attention. Scores less than 4, at later intervals could suggest long-term neurological damage and a heightened risk for cerebral palsy.

One reason a delivery team might not perform an APGAR is because they may suspect a brain defect, but – as we have already mentioned – they loathe to place themselves into an admission of possible negligence at the time of your baby’s birth.

Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. at our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.

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Cerebral Palsy Symptoms after the Birth of the Child:
The baby has no interest or little interest in feeding or exhibits problems with the instinctual feeding mechanics (suckling, grappling). The baby is lethargic, sluggish, or exhibits asymmetrical movements in the face, arms, or legs.

These are a few of the major warning signs that a CP injury may have occurred during pregnancy, or labor, childbirth, or in rare cases, even after the birth of your child. This list is not conclusive, but it is a general overview of clues that might suggest birth defects: possibly as the result of malpractice. A full review of your specific situation is critical to determining whether a birth injury is due to medical malpractice or even worse, outright medical negligence.

Our advice to parents is to trust your instincts. If something doesn’t seem right with your child or the way the medical staff is treating you or your child, start asking questions, immediately! Request your medical records from your prenatal doctor and all records from the hospital or birthing center where the child was born. And regardless of what the staff or administrators at the birth hospital might tell you, seek a second medical opinion, preferably with a doctor who does not use the hospital where the birth took place.

If you are not satisfied by that second opinion, or if that second medical opinion confirms your suspicions of malpractice-related birth defects in your infant, then call the Cerebral Palsy malpractice lawyers at our Texas Law Office and have our independent medical experts review everything you’ve collected. Our staff can begin asking those questions that must be asked and get answers. We have more than 30 years of experience working with parents and families affected by birth-related medical malpractice. If nothing else, you and your family deserve answers.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants
Because birth injury cases are legally complex, a highly experienced birth injury attorney, birth injury medical experts, and a full support team are essential to your case’s success. This team works together with one goal in mind: to provide your family with answers, and if the facts support a claim, a full array of effective options for the injuries you, your child, and your family have sustained: and must endure every day.

Birth injury claims and cases are filed as medical malpractice and/or medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else who worked in a health-related capacity might have been negligent in the care of the mother or her child. And if their negligence resulted in an injury to you or your child they must be held legally liable. However, determining who held the “smoking gun” requires expert legal investigators, third-party expert doctors, and possibly even other medical professionals to identify with certainty, just whose negligence led to this disaster.

The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents and their legal investigative team must act quickly to preserve as much evidence as possible. Proactive measures such as personal pregnancy journals leading up to birth are a great way to refresh your memory about the nine months prior to the birth of your child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience their parents lovingly share.

Here’s why keeping your own records is so important. As soon as questions are asked about your pregnancy, the labor stage, the delivery, and the birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, even if nothing was inappropriate or wrong. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to show that any injuries or resulting harm sustained by you or your child were NOT the results of medical malpractice or medical negligence by any professional involved at any point through your pregnancy, labor, or delivery.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that the doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of Cerebral Palsy medical malpractice.

But that’s just one series of challenges. Another surrounds the fact that Texas has recently enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

The Statute of Limitations for Malpractice in Texas

The statute of limitations for a Texas malpractice lawsuit is two years from the date of occurrence. Once the statute of limitations has run its course, your cause has expired and you can no longer bring your claim against the defendant, regardless of how strong your case might be. More specifically, Texas “discovery rules” state that the two years does not begin until the time that a reasonably prudent person would have known that they had a cause of action. While this period can be extended in certain situations if gross negligence can be proven, or if criminal charges have been filed against a liable party, a Cerebral Palsy victim’s family most often only has two years to seek legal action against a liable negligent medical defendant. While this may sound like a long time, it really isn’t all that long when a thorough investigation must be conducted.

Some birth injury malpractice investigations can take more than a year, depending on the circumstances A perfect example if the differences in this discovery rule would be to compare an auto accident and a malpractice investigation into a birth injury. Even subtle injuries incurred in an auto accident usually don’t take very long to identify if someone’s negligence led to them occurring to you or a member of your family. So the discovery process usually begins relatively quickly.

But on the other hand, imagine that your baby suffers from complications of Cerebral Palsy after a birth injury. Then, three or four years after this malpractice clear and unambiguous symptoms of CP begin to appear If this was the case, your family could rightfully file a malpractice claim against all medical professionals who are found to be liable after your attorney conducts his investigation, even though the standard two-year window had expired. The idea behind this is that the plaintiff-family did not know that they had a case until years later: which would extend the statute of limitations.

In cases where the defendant deliberately concealed their involvement or culpability in causing your baby’s birth defect, the statute may be extended to allow the family to pursue civil action against the defendant. In some situations, as we have mentioned, this concealment may be criminal (such as the altering of medical records that prove defendant guilt). Or the concealment may have been part of a larger criminal enterprise that could have involved hospital administrators. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. And when a defendant must answer criminal charges as well, it invariably strengthens your civil case, even if the defendant is ultimately exonerated in criminal court.

One consistent problem we find in such situations is altered documents, usually excellent Xerox copies of original forms that have been “doctored.” It takes a very clever forensic document expert to spot the one or two pieces of paper buried under a mountain of forms; just like you see on CSI. But the truth of the matter is that the document expert spent hours for his fifteen seconds on the show. Detecting altered documents is very difficult, extremely tedious and time-consuming; with a lot of dead-end trails leading to nowhere. And if medical records have been “doctored,” as we have mentioned that is a felony in Texas which brings criminal charges and serious penalties against the employee who is charged for the offense, as well as the facility in-general through the legal notion of “respondent superior,” which is Latin for “the employer is just as liable for the offenses of his employee, especially if the employee confesses that he was told to alter medical records.

There are a few other exceptions to the two-year statute of limitations. And we find that they can apply to a higher percentage of wrongful death assisted care center claims and cases than other personal injury civil actions. So when you are interviewing prospective Texas Cerebral Palsy malpractice injury attorneys, be certain to save a few minutes to visit about this matter and find out if any of these exceptions might apply to your insurance claim or legal case.

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An Experienced Malpractice Attorney Gives You the Best Chance at Receiving Fair Compensation for your Child’s CP Injury

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. Our clients are family at our Law Firm and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family.

If your claim is just, we will fight for your right at fair compensation that will see your family through the many years of responsibility that you have for your child, and relieve you of the heavy burden of paying for the excellent aftercare that your child will need for the rest of his or her life.

Birth injury cases are extremely complicated, as you now know. And executing the right strategy (and tactics) that produce fair compensation through either effective settlement negotiations, or a trial if the defendants make it necessary, must be done with both skill and aplomb. Once you retain our Law Firm, we will provide the following services:

Conduct an in-depth investigation to determine the cause of your child’s Cerebral Palsy. This includes asset checks of all defendants to make certain they can pay damages.
Gather evidence, including witness statements, photographs, forensic tests, and all medical records that we will need in order to prove your claims.
Respond to and send discovery requests.
Manage ALL the paperwork and phone calls related to your claims.
Use our stellar reputation to pressure the defendants into settlement.
Act as mediators for our clients’ cases if they choose that option.
File lawsuits and argue them aggressively to prove your damage case in front of a jury.
Fairly and accurately calculate all damages resulting from the birth injury malpractice and demand fair compensation for you.
If you believe that your child is suffering from a type of cerebral palsy due to the negligence of a medical professional, contact our local cerebral palsy attorney to help you seek justice that will help you get your child the kind of care they need and deserve. Approximately one-third of cerebral palsy cases are caused by the mistakes or negligence of a medical professional.

By retaining us to help you seek necessary compensation, we’ll pore over all medical records regarding your pregnancy, labor, delivery, and birth in order to ascertain if your child’s cerebral palsy was preventable. With connections to competent, highly-knowledge medical experts that can also review your medical records, we can work to get the questions you have answered so that you can know whether or not medical malpractice resulted in your child’s cerebral palsy.

Contact us for a free consultation and find out how we can help you and your family fight for your legal rights. We’ll answer your questions and provide you with your possible legal options.

With over 30 years of experience in defending our clients’ rights, our Law Firm is ready to come alongside you so that you can effectively seek compensation for your child’s injury in order for you to be able to provide proper, long-lasting health care that your son or daughter deserves in the wake of the medical malpractice that made them that way.

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Birth Injuries are Tragic. If Negligence has Played a Part, You and Your Family May Deserve Compensation

Birth Injuries represent a significant problem within the medical community. But over the years, we’ve found that many mothers are told that their child’s birth injuries or defects were simply unavoidable or that they are even normal. Or worse, they weren’t told anything at all and discovered this terrible condition months or even years later.

Our birth injury attorneys have represented medical malpractice victims for the past 30 years and the following information is shared directly from our attorneys’ experience with similar cases. If you suspect that your child was injured or suffered a major affliction due to the malpractice of a medical professional, we hope this information may help you better determine if such a birth injury has occurred. Malpractice affects the entire medical profession. And yet, when injuries occur to expectant mothers and their baby due to negligence of an obstetrician or delivery nurse, they are in fact, birth injuries and are subject to the civil laws that govern them.

Birth injury medical malpractice cases usually fall within one of two specific categories:

A doctor, nurse, or other medical professional fails to properly diagnose or provide adequate treatment to an expecting mother, fetus, or newborn baby, resulting in harm to the mother or child. Some birth injury cases fall into this type of case, including harms suffered while a baby is in utero or failure to properly treat injuries after birth of the child.
A doctor, nurse, medical professional, or health institution acts outside the accepted professional medical norms, either negligently or recklessly, resulting in harm to the mother or child.
Most birth injury cases fall into the latter category: including injuries at and around the time of birth to both the mother and child. Such injuries include – but are not limited to – cerebral palsy, brachial plexus injuries, shoulder dystocia, brain injuries, disfigurement, and other neurological, skeletal, and muscular injuries.

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The Fallout from a Birth Injury is both Tragic and Expensive

Often (but not always), birth injuries are suspected or identified by medical personnel at the time of birth. But this information is only disclosed to the new parents roughly 50 percent of the time. Instead, medical professionals wait to diagnose a mother or child with birth injuries until the child is old enough to indicate something wrong with proper development or wait to see if the injuries heal themselves. This may be appropriate under some circumstances. But other times the delay in diagnosis or treatment may be a sign of obstetrician (OB) medical malpractice. And as often-as-not, this obstetrician or some other negligent birthing healthcare provider is “covering their tracks” by keeping their mouth shut. They fear that after the birth of your child they may have caused preventable, serious, life-altering injuries. Our medical investigative team can review the hospital’s records and consult the highest medical experts to determine whether the doctor or some other licensed healthcare professional was negligent or reckless with your child’s health and well-being.

The fact that there are so many potential defendants in a birth injury case is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with an exemplary investigative team) to properly sort through medical records and all other forensic evidence to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.

Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice: especially if the involved medical professionals were aware of this condition. This is a perfect example of “justice delayed being justice denied.” But even more reprehensible is the additional fact that, had the news of this condition been known sooner than later by the parents, it may have been possible to begin productive treatment and avoid long-term disability to the child. We find this terribly offensive to everyone in the affected family.

Do you suspect a possible birth injury occurred during pregnancy, or labor, delivery, or the birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are usually preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering (or life-threatening): not only for the parents but also to the child: and devastating to your entire family.

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Some General Examples of Birth Injury Cases

Our answer: it’s very difficult to answer these questions without reviewing all the medical records, transcripts, and witness accounts. Each birth is special and very different from other experiences. Babies are born with soft, flexible bones and travel through a tight birth canal. Minor injuries are to be expected in the birthing process, especially for vaginal birth and deliveries. But there’s a difference between commonly anticipated birth “anomalies” that heal quickly and pose no threat to the newborn as it begins a hoped-for long and happy life.

But during pregnancy, your obstetrician (OB), birthing consultant, or other medical professional might not adequately track, treat, or warn you of developing or existing medical conditions and their effect on your child, including hypertension, preeclampsia, diabetes, prolonged nausea and vomiting leading to malnutrition, or other long-term, treatable maternal conditions.

Did this happen in your case? Or did they not take steps to prevent harm to you and your child while it was in-utero? Do you even know, or even know enough to know? The “medical veil of secrecy” is very hard to penetrate at times: especially if anything goes wrong, including any medicine or drug side effects and their effect on your baby This is often seen in patients who take medication (prescribed or otherwise) for depression, asthma, other conditions requiring prescription medication, other drugs, or general decreased bodily functions such as poor kidney function, weakened hearts and other conditions.

During labor, did the medical staff and delivery team at the hospital or birthing center delay hooking the birth mother up to fetal monitors? Or did the medical staff or delivery team disregard data from the fetal monitors that may have showed fetal distress, or did that data reveal an abnormally high or low heart rate that went untreated? Or was it even taken into account during delivery?

Was an epidural inappropriately, negligently, or recklessly administered, resulting in harm to the mother or newborn child? Such a form of injury to the child is often evident with decreased breathing at the time of birth, or failure of the lungs to inflate properly.

These are a few of the numerous issues that an experienced birthing attorney with our Law Firm can investigate to give you the answers you must have when you suspect that a birthing injury occurred; regardless of whether it occurred last week or several years ago that you now might begin to suspect.

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Problems During Delivery That – if not Treated Properly – Might Also be Malpractice

The baby may have been abnormally positioned. Abnormal positions cause a vaginal delivery to be difficult and dangerous, often leading to a birth injury to both the mother and child.

At the time of birth your baby may have shown symptoms of asphyxia (no oxygen in the blood): or hypoxia (too little oxygen in the blood). Or your baby may have shown low APGAR scores, or the doctor did not even perform one. These scores are often significant evidence of injury to the child. Scoring takes place one minute after birth; a score of less than 5 strongly indicates the baby needs medical attention. Scores less than 4, at later intervals could suggest long-term neurological damage and a heightened risk for cerebral palsy.

Or Later – Once Your Baby is Home – You Began to “Notice Things” That Just Aren’t Right

Maybe your newborn shows no interest or little interest in feeding or exhibits problems with the instinctual feeding mechanics (suckling, grappling). The baby is lethargic, sluggish, or exhibits asymmetrical movements in the face, arms, or legs.

Maybe your baby has what appears to be neurological seizures. Symptoms of newborn seizures include repetitive movements, prolonged or continuous sucking, drooling, or sticking the tongue out, rapid eye movements, long pauses in breathing, and rapid muscle jerks.

These are just a few warning signs that an injury may have occurred during pregnancy, labor, childbirth, or after the birth of your child. This general overview might suggest birth defects: possibly as the result of malpractice. A full review of your specific situation is critical to determining whether a birth injury is due to medical malpractice or medical negligence.

Our advice to parents is, if something doesn’t seem right with your child or the way the medical staff is treating you or your child, start asking questions. And if the answers you are given seem incomplete or confusing (doctors and administrators love to communicate with parents like you in “med-speak” because if is purposefully evasive), seek a second, trustworthy, medical opinion as quickly as you can, or call us at our Texas Law Office.

If you are not satisfied by that second opinion, or if that second medical opinion confirms your suspicions of malpractice-related birth defects in your infant, then call our birth injury malpractice lawyers so our independent medical experts can review all the information you’ve collected in addition to all that is available: that we know how to ask for and get from this hospital or healthcare provider who appears to be stonewalling you. We have more than 30 years of experience working with parents and families affected by medical malpractice. If nothing else, you and your family deserve answers.

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Neurological Disorders

Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

There are four major types of cerebral palsy, Spastic, Ataxic, Dyskinetic, and Mixed-symptom CP. But sometimes CP can be misdiagnosed as Erb’s palsy, other kinds of brain damage, retardation, or some other form of disfigurement. Sometimes you’ll hear a doctor use the general term of “developmental delays” as a mask for something more serious as this healthcare provider tries to soothe your suspicions. But the fact remains that CP and many of these other neurological conditions can be prevented. Your local Texas birth injury attorney can help you determine if any neurological disorders in your infant or very small child may have their roots in doctor or some other healthcare professional’s negligent malpractice.

A diagnosis of cerebral palsy (and extreme cases of any neurological disorder) requires a lifetime of therapy, treatments, and accommodations for your child and your family. These costs can be horribly high, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

Your family deserves answers and options after a cerebral palsy diagnosis. Our Texas birth injury attorneys can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

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Bodily Injuries to Your Newborn Might be Just as Dangerous, and Expensive

Some birth injuries might be skeletal and be caused by improper positioning of the fetus in the birth canal, or improper use of forceps or other delivery tools. Or there might have been damage to nerves in the baby’s limbs due to an unusually “rough” birth. Sometimes Erb’s palsy is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor that usually involves forceps.

Head and Brain Injuries that May Occur During a Difficult Delivery

If your child exhibits any or all of these types of injuries, or others and you suspect your child may display symptoms of possible birth injury, contact our Texas birth injury attorneys immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or medical professional was a fault for these injuries and resulting conditions. If this is so, your family and child are entitled to legal compensation for these injuries that can only be won by specialized medical malpractice attorneys.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

As you can imagine, assessing negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to be forthcoming when the words “malpractice” are used The medical community also likes to hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

As soon as you start asking questions about your pregnancy, labor, delivery, and birth of your child, medical professionals “raise the drawbridge” and alert their insurance companies to a possible future lawsuit. Then the insurance company launches its own investigation, gathering all evidence, with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of malpractice or negligence by any medical professional involved at any stage of your pregnancy, labor, or delivery.

Medical Malpractice Insurers, and Work against Your Claim or Case from the Moment They Know Something is Wrong

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error by a doctor may cause him or her to lose his or her license to practice medicine and causes the insurance company to lose the money that the doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the true facts to build a case against you so they don’t have to pay a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family due to your child’s malpractice injury.

But that’s just one challenge. Texas enacted tort reform measures that make medical malpractice cases harder to prove. So even if you and your birth injury attorney prove your case, damage recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, even if a jury believes the amount should be much higher based on the facts of your case. However, this is where investigation can come in handy. Many times medical malpractice can be found in several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals multiple liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a much more reflective total damage recovery.

This is why you must have an experienced and wise birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury that is caused by malpractice.

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