All parents want the best for their children and put their trust and faith in medical professionals like obstetricians, neonatologists, and nurses to do everything they can to protect their newborns. Unfortunately, in some cases what should be one of the happiest moments of a parent's life is clouded by an unexpected birth injury.
When your child is injured at birth by a negligent doctor, nurse or hospital, the effects on your baby and entire family are often life-changing and devastating. A child who sustains a severe injury may require expensive medical and rehabilitative care, special schooling, and adaptive equipment and devices. Additionally, it may take years to understand the full extent of the injury and the true costs involved.
Our Birth Injury Attorneys in Houston understand that you may have questions about the financial ramifications of your child's tragic birth injury. We are here to provide you answers regarding the cause of your child’s birth injury and the potential future needs.
We will examine the facts of your baby’s pregnancy, delivery and newborn period during your free, no-obligation consultation period and discuss how to best proceed. We never require any payment of expenses or attorney fees while we investigate your child’s case.
Let us alleviate your legal worries by handling all the medical-legal issues while you concentrate on your child's recovery and your family's emotional needs. Miller Weisbrod Olesky has a long history of successful results for Houston families living with the challenges of a birth injury.
Recent Birth Injury Settlement:
Birth Injury settlement against a Hospital area hospital in which nurses and physicians failed to detect a uterine rupture during delivery causing an HIE event resulting in seizures, and severe brain damage. Our national birth injury lawyers recovered $9,200,000 for the family to help with future medical expenses and developmental therapy.
Miller Weisbrod Olesky is different from most Birth Injury Law Firms...We provide help NOW.
Many attorneys focus only on pursuing their client’s legal case. At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. We have a team focused on helping our clients NOW when they need it most.
But just ‘knowing’ this is not enough. We act on this knowledge by providing exceptional services to birth-injured children and their families.
While Miller Weisbrod Olesky's birth injury attorneys in Houston aggressively prepare each legal case, another department goes into action to IMMEDIATELY provide help the families of children we represent. Led by a nurse-attorney, this department acts as a medical case manager for our birth injury clients by:
Regularly monitoring the child’s medical treatment status,
Helping facilitate medical treatment and therapy, and
Arranging transportation and services.
Where necessary, we also help families locate local medical providers specializing in the care and treatment of children who have suffered a birth injury. With Miller Weisbrod Olesky, you’re not just a ‘case’. And that’s important when you’re looking for a lawyer who can help you cope with your child’s needs today.
Registered Nurses and Nurse-Attorneys Are a Vital Part of Our Birth Injury Team … and Yours
Most Birth Injury Law Firms will employ one or two nurses to assist the review of cases and medical research. But Miller Weisbrod Olesky offers an unmatched number of nurses and nurse-attorney employees support to both the birth injury attorneys and our clients.
Our team of registered nursing staff and nurse-attorneys bring a deep level of medical and personal insight to every client’s case. Working closely with the rest of the team, they investigate the reasons behind a birth injury and how medical professionals breached their standard of care.
But they do much more.
For our clients, our nurses and nurse-attorneys provide valuable support with medical questions and finding healthcare providers.
Medical Mistakes that Lead to Birth Injuries
Healthcare professionals are trained to keep mothers and their babies safe even in the most complex situations that arise during and/or shortly after birth. When doctors and other medical providers miss critical warning signs of fetal distress or fail to respond quickly, it can lead to a devastating birth injury. Families of children who suffered a birth injury may be entitled to compensation to cover the often very significant cost of caring for a child with birth injuries.
The following are some examples of medical negligence that lead to birth injuries:
The mismanagement of any of these conditions can lead to a serious birth injury that necessitates a lifetime of special treatment and care. Our Houston birth injury lawyers at Miller Weisbrod Olesky can help file a claim against the negligent party or parties responsible for your child’s birth injury and evaluate the potential damages in your case to determine how much you may be eligible to recover.
Common Birth Injuries Caused by Medical Negligence
Medical negligence can cause a variety of different birth injuries in babies. Depending on the severity of the birth injury, a child may suffer from a permanent disability that lasts throughout their lifetime. If your baby has suffered birth injuries, you should be aware of how these injuries can develop and what legal steps you can take to recover compensation for the cost of your child's care and other losses.
Here are some of the most common types of injuries a baby can suffer due to medical malpractice:
Hypoxic and Ischemic injuries
Trauma to an infant's brain caused by negligent care before, during, or after birth can cause a baby to become deprived of oxygen (hypoxia or asphyxia) or lead to reduced blood flow (ischemia) to the fetus. Oxygen and blood flow decreases can result in a baby developing Hypoxic-Ischemic Encephalopathy (HIE).
HIE is a severe brain disorder that may be caused by:
Prolonged pressure on the brain during contractions that last for an abnormally long period of time.
Umbilical cord problems like the umbilical cord becoming prolapsed and compressed by the fetus and womb.
The misuse of labor-inducing drugs like Pitocin and Cytotec often causes frequent contractions (uterine tachysystole) that can cause a baby to experience dangerous levels of oxygen deprivation.
A complication of pregnancy known as preeclampsia is characterized by high blood pressure and protein in the urine. When a doctor fails to detect and adequately treat preeclampsia, the baby may experience reduced blood flow and develop HIE.
When a doctor or other medical professionals fail to detect and respond to signs of fetal distress, it can lead to devastating birth injuries like cerebral palsy, Hypoxic-Ischemic Encephalopathy, anoxic and hypoxic brain injuries, and even stillbirth. Fetal heart rate monitoring allows healthcare providers to measure a baby's heart rate and rhythm. If the fetal heart rate signals that the baby is in fetal distress, doctors and other healthcare providers must intervene immediately to prevent oxygen deprivation and reduced blood flow to the baby's brain.
When a baby suffers from a complete lack of oxygen (asphyxia) or decreased oxygen (hypoxia), it can cause the baby to suffer a severe birth injury, including hypoxic-ischemic encephalopathy, CP, and metabolic fetal acidosis. Monitoring a baby during labor and delivery with electronic fetal monitoring equipment is also critical to detect whether or not fetal bradycardia is occurring.
A slow and irregular heart rhythm is the most common indicator that the baby is suffering from fetal distress. If a medical provider fails to notice abnormalities in heart rate and/or delays treatment when fetal distress is detected, it may lead to serious long-term effects, including brain damage, paralysis, hypoxia or anoxia, and cerebral palsy.
Misuse of Pitocin
Pitocin is administered to either strengthen or induce contractions during the labor and childbirth process. For example, a medical professional may decide to induce labor with Pitocin when a mother has maternal diabetes, preeclampsia, or failure to progress. If Pitocin is improperly administered, a pregnant mother may begin having contractions that are too strong and/or close together.
Allowing labor to continue for too long can be dangerous for a mother and her baby. Prolonged labor refers to labor that lasts over 20 hours for first-time mothers and over 14 hours for mothers who have previously given birth. Arrested labor, also known as failure to progress, occurs when the delivery process stops completely.
When a medical professional fails to diagnose or respond to labor that progresses too slowly or stops altogether, the baby can suffer an intracranial hemorrhage, fetal distress due to oxygen deprivation, and be at risk for developing long-term injuries such as cerebral palsy, HIE, and seizure disorders.
Some examples of complications that may arise from mistakes shortly after birth are hypoxia or anoxia leading to brain injuries such as, cerebral palsy, Erb's palsy, and HIE. After birth, medical professionals are responsible for monitoring and responding to any complications that may arise to prevent harm to a mother and her infant.
Head Injuries
Bruises and swelling can happen when too much pressure is put on the baby's scalp, typically during a prolonged or difficult delivery. Swelling can also occur when a doctor or other medical professional improperly or negligently uses a vacuum extractor or forceps to assist with difficult vaginal delivery.
When a physician misuses instruments like forceps or vacuum extractors, it can leave scratches on an infant's scalp. Minor bruising and scratches usually heal on their own unless they become infected. Serious injuries caused by brain swelling and brain bleeds, like cephalhematoma, intracranial hemorrhage, and subgaleal hemorrhage, are commonly caused by trauma to the head resulting from improper use of birth-aiding tools (forceps, vacuum extractors).
How Can Birth Injuries be Prevented?
While it is not always possible to prevent every complication that arises from childbirth, doctors and other healthcare professionals can reduce risks of pregnancy-related complications by closely monitoring the mother and baby for warning signs and responding immediately with proper treatment.
Some of the most important aspects of birth injury prevention include:
In treating a birth injury, time is of the essence, and the sooner a child receives treatment and therapy, the better their chances of being able to comfortably adapt to the world around them. Each birth injury is unique and the recommended treatments and therapies will depend on the type of injury sustained as well as the severity. A team of knowledgeable physicians like neonatologists and therapists can provide you with advice on which treatments may be best for your child and build a personalized care plan.
What Are Treatment & Therapy Options for Birth Injuries?
Standard treatment options used for birth injuries include:
Medications: Children with cerebral palsy can significantly benefit from medication (Baclofen) that reduces spasms and seizures. Additionally, muscle relaxers (Dexmedetomidine) can make a child with a spinal cord injury more comfortable and relaxed during physical therapy. In children with mild to moderate spastic cerebral palsy, Botox can reduce muscle tightness.
Occupational Therapy: Children with shoulder dystocia, Erb's palsy, sensory processing disorders, and traumatic injuries to the brain and spinal cord can practice their fine motor skills and be better able to perform daily activities with the help of occupational therapy. An occupational therapist can teach your child to perform basic tasks such as brushing their teeth and establishing daily routines that promote independence.
Physical Therapy: Children with Erb's palsy can build muscle strength and increase their range of motion with physical therapy. Physical therapy can also help improve mobility and minimize pain for children with cerebral palsy and other physical issues caused by a birth injury.
Speech-Language Therapy: Children with cerebral palsy and other feeding and communication issues resulting from birth injuries may benefit from working with a speech-language pathologist. A speech therapist can help your child express their emotions, improve their communication skills and feeding, and strengthen the muscles involved in speech and oral motor skills. Augmentative/alternative communication devices can also help children develop their ability to share their thoughts with other people.
Surgery: Children suffering from severe nerve damage or fractures may require surgical intervention. A doctor may recommend surgery to reverse the effects of spinal cord injuries caused by negligent care during labor and delivery. Hip muscle release surgery can alleviate pain and prevent dislocation in children with cerebral palsy who develop hip subluxation. A surgeon may also recommend a Selective Dorsal Rhizotomy (SDR) for children who are affected by spasticity.
When you think of healthcare professionals that could be held liable in a birth injury malpractice lawsuit, you might automatically think of doctors and nurses. In addition to doctors, defendants in a medical negligence lawsuit can be any healthcare provider or medical facility that causes harm or injury to a patient. Our skilled birth injury lawyers in Houston can investigate the facts of your case and determine who may be responsible for your child's birth injury.
Medical Negligence Prevalence Leads to Birth Injuries
Unfortunately, birth injuries are quite common in Texas. In fact, according to the Centers for Disease Control and Prevention (CDC), approximately 378,000 babies are born in Texas each year, and 2,646 of those babies suffer from birth injuries. It is evident from birth injury statistics that these situations happen far too often and cause children and their families a great deal of pain and suffering.
Pregnant women often receive pregnancy-related care in the first trimester (1-3 months). This care includes regular checkups with a doctor or nurse, blood tests, physical exams, and screening tests. Prenatal Testing can help a doctor spot health problem early and provide treatment to mitigate potential issues and prevent others, such as gestational diabetes, preeclampsia, premature birth, placenta previa, and birth defects. Since 2016, the rate of early prenatal care in Harris County has unfortunately not improved. In 2020, for example.1 in 20 pregnant women in Harris County did not receive prenatal care.
The most significant contributing factor in women not accessing prenatal care was a lack of health insurance. 3.2% of women in Fort Bend and 1.5% of pregnant mothers in Montgomery in 2020 did not receive proper prenatal care. Between 2019 and 2020, the rate of women in Ford Bend who had access to prenatal care in the first few months of pregnancy declined by more than 10 percentage points.
Premature Birth
A preterm birth occurs when a baby is born before 37 completed weeks of pregnancy. Babies who are born prematurely may have more health problems and require special medical care in the NICU. Long-term conditions linked to premature birth include cerebral palsy (CP), mental health conditions like depression, and neurological disorders that affect the brain and spinal cord may not show up for years.
Preterm infants born to mothers in Harris County and Fort Bend tend to have the lowest birth weights in the region. In 2020, 8.72% of babies in Harris County, 8.26% in Ford Bend, and 6.79% in Montgomery were born weighing less than 5 pounds, 8 ounces. Preterm births in Houston increased from 11.2% in 2019 to 11.9% in 2020.
Maternal Morbidity & Mortality
Various pregnancy-related health complications can lead to maternal death. Maternal mortality can occur any time during pregnancy, childbirth, or the postpartum period. Some of the leading causes of maternal mortality include heart disease, stroke, excessive bleeding, and infection.
Maternal morbidity refers to any short or long-term health conditions that have a negative impact on a mother’s we-being being as a result of being pregnant or giving birth. Conditions like cardiovascular disease, blood clots, and hypertension often cause maternal morbidity. Between 2008 and 2015, the number of pregnant mothers with severe maternal morbidities in Harris County increased by 53%, compared to a 15% increase in the state overall.
The leading causes of death for children under 5 is preterm birth complications, birth asphyxia, and trauma. Approximately 49 per 100,000 children die before their 18th birthday in Texas. Child mortality rates in Houston are highest in Harris County (51.4 per 100,000) and lowest in Fort Bend (31.6 per 100,000). While infant mortality rates have declined in the state, they have remained unchanged in Harris County.
Our Houston Birth Injury Attorneys understand that the stress of providing the care and treatment your child needs after a birth injury can be emotionally and financially taxing. While our medical negligence lawyers prepare your birth injury care, our exceptional team of nurse-attorneys will regularly monitor your child's medical treatment status, help facilitate treatment and therapy, and arrange transportation services.
Additionally, we can help your family find medical providers specializing in the care and treatment your child needs. Children with birth injuries like cerebral palsy and hypoxic-ischemic encephalopathy often require intense therapy, medical treatment, and life-long care. Let us fight to maximize the value of your settlement and represent your best interests.
Who Can Be Held Responsible for Medical Negligence?
Doctors, nurses, hospitals, and other medical professionals have a duty to provide a mother and her baby with the best possible care at all times. When health care providers and hospitals fail meet the required standard of care, they may be held liable for medical negligence. Several parties may be held liable for a child's birth injuries, and in some cases, liability may be shared among multiple parties.
Here are some examples of healthcare providers and/or entities that may be held liable for medical negligence:
Maternal-fetal medicine physicians and specialists (MFM)
Laboratory staff
Hospitals may be held "vicariously" if a patient suffers harm due to the negligent actions of their employees. For example, hospitals may be held vicariously liable for a doctor's failure to monitor a mother and her baby before, during, or after delivery. A hospital may also face direct liability for its own negligent actions or omissions. For instance, hospitals may be liable for failing to staff certain units properly or for labeling medication improperly.
When bringing a medical malpractice claim against a negligent healthcare provider, the plaintiff (injured party) must present sufficient evidence to show that the defendant (healthcare provider) breached their duty of care and caused the plaintiff to suffer an injury. Our Birth Injury Lawyers in Houston have handled cases against major hospitals including Houston Methodist and Memorial Hermann.
Four Elements of Medical Negligence in a Birth Injury Case
When a child and their family have been affected by sub-standard medical care, pursuing a medical malpractice lawsuit against the negligent doctor, hospital, nurse or other medical professional can help them recover compensation to cover the cost of their child's current and lifelong needs. If you decide to file a birth injury claim, your Houston Birth Injury Attorney will have the burden of presenting evidence to prove that your child's birth injury was caused by medical malpractice.
Four Key Elements established in a medical malpractice claim related to a birth injury:
Duty of care: The plaintiff (pregnant mother) must establish that they had an existing relationship with the physician or other healthcare provider. Once this has been established, the doctor has a duty to provide reasonable care to a mother and her child during childbirth.
Breach of duty of care: The physician failed to provide an expected standard of care that another medical professional would have provided under the same or similar circumstances. This is what is known commonly as “medical negligence” or “medical malpractice”.
Causation: The doctor's breach of duty (negligence/malpractice) was a cause or contributing cause of the birth injury.
Damages: The doctor's negligence caused the child to suffer compensable damages (i.e., lost income, the cost of medical care, disability, mental anguish and pain and suffering).
Establishing these legal elements requires testimony from expert witnesses. Medical professionals with extensive experience in the relevant field and knowledge of accepted practices within that specialty can offer invaluable insight as expert witnesses and play a critical role in determining whether negligence occurred. A qualified birth injury law firm like Miller Weisbrod Olesky work with highly regarded experts across the United States.
Our dedicated birth injury lawyers can find out who is at fault for your child's injuries and hold them accountable for their actions. Your attorney will begin investigating the facts of your case as soon as possible and gather all relevant evidence to support your claim.
Types of Evidence Required in Birth Injury Cases
Compiling evidence that demonstrates the harm your child has endured due to a medical provider's negligent care is essential to substantiating the cause of your child's birth injury and building the strongest case possible. If you're considering filing a birth injury claim, the types of evidence you may need will ultimately depend on the specifics of your case.
Be sure to gather up your child's medical records and keep notes on any doctor's appointments, medications, therapy, and records of any communication you have had with your physician and/or the hospital. If you do not know how to gather these records, quickly hiring a expert birth injury attorney like those at Miller Weisbrod Olesky can gather these records on your behalf.
Common Types of Evidence Your Houston Birth Injury Lawyer will gather on your behalf:
Medical records of the baby's birth injury and any follow-up care
The mother's medical records during pregnancy, labor, and delivery
Witness interviews from anyone involved in the delivery (obstetricians, nurses, and other medical professionals)
Test results, X-rays, and MRI scans
Expert testimony from medical experts in the same or related field, financial experts, actuaries, and life-care planners
The estimated cost of any future treatment the child will need
Previous complaints filed against the medical professional
Invoices, check stubs, or work schedules showing income you've lost as a result of your infant's injury
The medical professional's employment and disciplinary records
A detailed account of the events that occurred before, during, or after delivery
Physician, nursing, and operative notes
Records detailing the administration of any medication
Photos and videos of the labor, delivery and even your child's injuries
Documentation that describes co-existing conditions or complications
Medical bills for any injury-related costs
Other bills and receipts showing any additional costs you've incurred
Hospital orders, policies, and records
Our birth injury attorneys will consult with one or more expert medical witnesses who can demonstrate how a doctor, hospital, or other healthcare providers actions or failure to act led to your child's birth injury. Expert testimony is typically required to establish the standard of care a reasonable medical professional in the same specialty would have provided in a similar or the same situation.
We will also consult with physicians and life care planners as well as economists who can provide an opinion regarding your child's long-term medical needs and diminished ability to earn income in the future due to the injury. In pursuing compensation, strong evidence is crucial to prove liability and demonstrate the extent of the harm caused by the medical provider's negligence.
Available Compensation in a Houston Birth Injury Claim
The compensation you could receive if your child has suffered a birth injury due to medical negligence can help you cover expenses associated with your child's injury, including the cost of lifelong care. The settlement amount you may be awarded in a birth injury claim will depend on several factors, including the level of medical negligence that took place. Damages in birth injury cases are generally divided into two categories: economic and non-economic losses.
Economic damages include any direct financial losses you or your child have suffered as a result of the birth injury.
Economic Damages Include
Medical bills and life care expenses (including the cost of any future medical care)
Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
The cost of special education and tutors
Home and vehicle modification costs (such as ramps or accessible bathrooms)
The cost of surgery or other specialized treatment
The cost of diagnostic testing
Non-economic damages are meant to compensate birth injury victims for more subjective forms harm such as pain and suffering or emotional distress.
Non-Economic Damages Include
Pain and suffering
Diminished quality of life
Disability and Physical Impairment
Disfigurement, and permanent scarring
Mental Anguish
Anxiety, depression, or post-traumatic stress disorder (PTSD)
Loss of consortium
Miller Weisbrod Olesky's Dedication to Clients
Punitive or exemplary damages may be awarded when the at-fault party's conduct is grossly negligent, reckless, intentional, or malicious. These damages are designed to punish the negligent healthcare professional for their extreme carelessness or disregard and deter others from making the same mistakes in the future.
Some of the factors that may be considered in determining the amount of compensation you may be awarded include the severity of your child's birth injury, the extent of economic losses you've incurred, and the long-term effects of the injury on your child's quality of life. To determine the potential amount you're owed, a Houston birth injury lawyer will investigate the details of your case and determine which damages apply in your case. It is crucial to remember that the statute of limitations sets the maximum time you have to initiate legal proceedings. Missing the deadline could prevent you from filing a lawsuit altogether.
Statute of Limitations in Houston Birth Injury Cases
The statute of limitations for Houston birth injury cases limits the time frame during which an injured victim can initiate a medical malpractice lawsuit against a negligent healthcare provider or hospital.
For all damages other than medical expenses up until age 18, the statute of limitations requires that a lawsuit be filed by the time the child is 14 years old.
To recover, the medical expenses of the child from birth until age 18, the case must be filed earlier—it must be filed within 2 years of the negligent acts (usually at or shortly after birth).
It is important to know if the statute for the medical expenses is missed, a birth injury lawsuit can still be filed in Houston for all non-economic damages and medical expenses and loss of earnings capacity for after age 18. Yes! This can be confusing so contact an experienced birth injury attorney like those at Miller Weisbrod Olesky for a free consultation on you and your child’s rights.
If the statute of limitations runs out in your case, you may miss your chance to recover compensation for your child. The discovery rule is one such exception that allows an injured victim to bring a lawsuit against a negligent hospital or medical professional as soon as the injury is discovered or should have been reasonably discovered. It is also essential to keep in mind that the statute of limitations varies by state and the type of claim being filed.
Our Houston Birth Injury Lawyer Can Protect You and Your Family
When healthcare professionals and hospitals fail to exercise reasonable care when caring for a mother and her child before, during, or after delivery, it can result in severe birth injury to a newborn child. If you suspect that medical negligence caused your child to suffer from a preventable birth injury, you should consider speaking with an experienced medical negligence lawyer who can help you understand your legal options and answer your questions.
