Birth Injury FAQ

The birth of a child, after months of eager anticipation, is a joyous occasion. Sadly, the negligence of a health care provider can turn this wonderful day into a nightmarish experience with severe and lasting consequences. Even more tragically, many of these injuries could and should have been prevented. Injuries experienced during birth can change your and your child’s lives forever. If these injuries were caused by the negligence of health care providers, you may be entitled to compensation for the overwhelming expenses of raising a child with mental or physical disabilities and for your child’s pain and suffering.

“I suspect my child’s injuries are the result of medical negligence, but I’m hesitant to contact a lawyer.”

While it’s understandable that you would prefer to concentrate on your child’s wellbeing in this difficult time, it’s important to consider your and your child’s future. If your child’s prognosis is long-term or permanent, think about his or her long-term care. Depending on the extent of the injury or disability, this care may range from extensive physical therapy to assisted care to adaptive technologies to expensive medications—all with attendant medical bills. Furthermore, Texas law imposes strict deadlines on the time in which you can bring a medical malpractice case. If you wait, you and your child may lose your causes of action against a negligent health care provider. As a mother, Marynell is deeply committed to holding those responsible for birth injuries to infants accountable. She, and all the attorneys at Marynell Maloney Law Firm, will fight to see that your child gets the best quality of life possible.

“What is considered a Birth Injury?”

Birth injuries and traumas are extremely varied. Birth injuries can be caused during fetal development, during the birthing process, or shortly after birth. Medical providers are responsible for caring for the expectant mother and fetus during pregnancy, during labor and delivery, and immediately after delivery. Doctors and nurses can be held accountable if their failure to assure adequate care during these times causes injury to your child. Many birth injuries are not serious and can heal with no lasting consequences to your baby’s health. Unfortunately, some birth injuries can cause devastating neurological injury such as Cerebral Palsy.

“What is Cerebral Palsy?”

Cerebral Palsy is an injury to the brain that can be caused from a multitude of conditions associated with a lack of oxygen to the baby’s brain. Health care providers must respond quickly in a crisis; any hesitation or mistakes when faced with unexpected bleeding, umbilical cord entrapment, or signs of fetal distress may result in serious injury to your child. Deprivation of oxygen can cause irreparable harm and permanent damage resulting in cognitive, speech, and motor defects. While some infants are diagnosed shortly after birth, others are diagnosed later in childhood, often upon failure to meet developmental milestones. There is no cure for Cerebral Palsy but physical therapy Medical mistakes are the cause of thousands of Cerebral Palsy cases. While Cerebral Palsy isn’t always caused by medical malpractice, if malpractice caused your child’s injury, you have the right to know.

“Who is responsible for a birth injury?”

Medical mistakes, lack of treatment in a crisis, mismanagement of the birth process, malfunction of medical equipment and medication errors are all possible causes of birth injuries. We will review every aspect of your case to determine who’s responsible for your child’s birth injury. Possible defendants include doctors, nurses, midwives, clinics, pharmacists, hospitals, device manufacturers, drug companies and others involved in pregnancy, birth and infant care.

“Was my child’s birth defect caused by a drug, medication, or other toxin?”

Birth defects can be caused by a number of different things, including the mother’s exposure to certain prescription drugs, other medications, or environmental toxins. If your child was born with birth defects and you were prescribed one of the following medications or drugs during pregnancy, please call our law firm to learn about your rights.

  • Paroxetine (Paxil, Paxil Oral Suspension, and Paxil-CR);
  • Prozac (fluoxetine);
  • Elexa (citalopram);
  • Fluvoxamine;
  • Lexapro (escitalopram);
  • Symbyax (olanzapine and fluoxetine);
  • Zoloft (sertraline);
  • Accutane (drug prescribed for acne);
  • Psychostimulants such as Ritalin, which treats attention deficit disorder;
  • Antipsychotics such as Haldol.

Any situation involving avoidable birth defects should be evaluated for a potential legal claim. These claims are factually and legally complicated, so you will need to speak to an experienced and reputable attorney to obtain her best opinion of your legal rights. If your lawsuit for birth defects is based on the use of a prescription drug, we will generally need to show:

  • The mother used the drug in question during pregnancy
  • The mother's use of the drug in question was prescribed by a physician, pharmacist, or other health care provider
  • The birth defect is not likely due to genetics, heredity, disease, or other factor
  • The drug in question is capable of causing birth defects and
  • The drug in question actually caused the birth defect in your child’s case.

Call The Marynell Maloney Law Firm today at 210-212-8000 or contact us by email.