tommy fibich

If the medical team makes a mistake during the birth of a child, the effects can be catastrophic and permanent. We understand how challenging this time is for new parents dealing with a birth injury or a birth trauma. That’s why we’re here: to take care of the legal issues while you focus on your family and child. We cannot reverse what happened, but we can make the road ahead a little smoother. 

Our Houston birth injury attorneys at Fibich, Leebron, Copeland & Briggs are dedicated to helping families like yours. We can provide a clear explanation of your legal rights and what steps you can take to address any wrongdoing. We are also prepared to handle every aspect of your legal claim while you concentrate on your child’s well-being. Contact us today for a free initial consultation to find out how we can seek justice for your family.

The Difference Between a Birth Injury and a Birth Defect

A birth injury is the result of trauma that happens during labor or delivery. For example, a child may suffer injuries if they don’t get enough oxygen during birth or if a doctor uses forceps too forcefully. These injuries are often preventable and occur due to something going wrong during the birth process.

A birth defect (or congenital anomaly) develops while the baby is still growing in the womb. These defects, which happen before the baby is born, can be due to genetics, the mother’s health, or environmental factors. Conditions like heart defects or Down syndrome are examples of birth defects. Unlike birth injuries, birth defects are not usually caused by what happens during labor and delivery.

Common Types of Birth Injuries

Several types of injuries can occur to a newborn during the process of childbirth. These injuries might result from physical stress or mistakes in medical procedures. Common examples of serious birth injuries include:

  • Brachial Plexus Injuries: This injury involves damage to the bundle of nerves that controls the arms and hands, known as the brachial plexus. A brachial plexus injury can occur if the baby’s shoulder gets stuck during delivery and excessive force is applied to the baby’s neck during extrication.
  • Cerebral Palsy: This condition can develop if a baby’s brain does not receive enough oxygen during birth. This form of brain injury affects muscle coordination and body movement. 
  • Skull Fractures: A baby’s skull can fracture if it’s put under too much pressure during birth. This might happen if doctors use instruments like forceps or vacuum extractors incorrectly.
  • Perinatal Asphyxia: This can occur if a baby does not receive enough oxygen before, during, or after birth. Without prompt care, It can lead to respiratory problems and more severe issues.
  • Caput Succedaneum: This is a severe swelling of the soft tissues of the scalp that develops as the baby travels through the birth canal. It is common with prolonged labor or vacuum extractions.

Damages in Birth Injury Claims

You can demand damages through your birth injury claim for a variety of harms your family has suffered because of the medical mistake. These damages should cover the costs associated with the birth injury and improve the quality of life for your child and family. Depending on the specifics of your case, you could recover damages for the following:

  • Past and present medical expenses
  • Future medical care costs
  • Rehabilitation costs
  • Pain and suffering
  • Lost wages for parents
  • Loss of earning capacity
  • Special education costs
  • Home modification costs
  • Psychological counseling
  • Physical therapy costs
  • Loss of quality of life