Austin Birth Injury Lawyer

Shoulder Dystocia During Delivery

The term “shoulder dystocia” refers to a delivery complication in which the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Possible injuries associated with a difficult shoulder delivery include brachial plexus injury, fractures, and oxygen deprivation. These outcomes don’t establish medical malpractice by themselves.

A legal and medical review may examine:

• Fetal size and position: Whether providers identified information that could affect delivery planning.
• Labor progression: Whether the records show prolonged labor, fetal distress, or other developing complications.
• Delivery decisions: Which maneuvers were used and whether a cesarean delivery was considered or performed.
• Timing: When warning signs appeared and how the care team responded.

Obstetric providers are trained to recognize and respond to delivery complications. Whether the response met the standard of care depends on the circumstances documented in fetal monitoring strips, nursing notes, physician notes, operative reports, and newborn records. We examine that timeline to evaluate whether a departure from the standard of care contributed to the child’s injury.

Common Types of Birth Injuries

Cerebral palsy (CP) affects movement and posture. It’s a lifelong condition that may involve continuing medical, therapeutic, educational, and supportive needs. Cerebral palsy can have genetic, developmental, prenatal, birth-related, or other causes.

Cerebral Palsy & Hypoxic-Ischemic Encephalopathy

Whether malpractice by a doctor or another medical professional contributed to a child’s cerebral palsy may be the subject of extensive medical and legal analysis. Oxygen deprivation is one possible cause of brain injury, but it isn’t proof of negligent care. Relevant evidence may include fetal monitoring, delivery and newborn records, diagnostic testing, physician explanations, and the timing of symptoms or developmental concerns.

Hypoxic-ischemic encephalopathy is brain dysfunction caused by insufficient oxygen and blood flow. When that diagnosis appears in a child’s records, the review may address when the oxygen deprivation occurred, how providers responded, and whether the event caused the child’s condition.

Other Birth Injuries That May Require Review

The legal question isn’t simply whether an injury occurred. The evidence must connect the provider’s decisions or omissions to the resulting harm.

Among the injuries and complications that may require review are:

• Injuries to the brachial plexus affect the group of nerves that supplies the upper limb. Erb’s palsy and Klumpke’s palsy are forms of this injury. The injury may affect sensation or muscle strength and may be temporary or permanent.
• Bone fractures, especially collarbone fractures, as well as bruising and lacerations, may occur during difficult deliveries or the use of delivery instruments.
• Meconium aspiration occurs when a newborn breathes meconium into the lungs. It can cause breathing complications that require prompt medical attention.

For each condition, the review should focus on the delivery circumstances, the providers’ decisions, the timing of interventions, the resulting diagnosis, and the evidence connecting the care to the injury.

For more information about common birth injuries, check out our blog.

How an Austin Birth Injury Claim Is Investigated

Birth injury cases require close analysis because the central questions are both medical and legal. Is the child’s condition related to an injury or a genetic or developmental condition? What do the pregnancy, labor, delivery, and neonatal records show? What explanation did the providers give, and does the complete record support it?

We investigate the facts, gather evidence, and prepare claims for negotiation or litigation. Clients communicate directly with our attorneys as we examine what happened, identify potentially responsible parties, and assess the child’s present and future needs.

Our case review may address:

• Medical records: Fetal monitoring strips, nursing notes, physician notes, operative reports, neonatal records, imaging, discharge records, and later diagnostic or therapy records.
• Potential responsibility: The conduct of physicians, nurses, hospitals, clinics, or other health care providers, depending on the facts and applicable legal relationships.
• Causation: Whether qualified medical support can connect a departure from the standard of care to the child’s injury.
• Long-term needs: Medical treatment, therapy, equipment, home assistance, transportation, educational support, and lost earning capacity.
• Claim preparation: Communications with insurers, settlement evaluation, and litigation in the appropriate Texas court when necessary.

Even when a hospital or insurer proposes a settlement, families should understand the diagnosis, potential future care, and full financial effect of the injury before signing a release. Once a claim is resolved, the family may not be able to seek additional compensation if the child’s needs later prove more extensive than expected.

Texas Deadlines for Birth Injury Claims

Texas health care liability claims are subject to statutory filing deadlines. The applicable period may be measured from the alleged breach, the completion of treatment, or the end of hospitalization, depending on the circumstances. Special rules may affect claims involving minors, and Texas law also includes a separate statute of repose that can bar claims after a defined period.

Families shouldn’t assume that one general deadline applies to every child’s claim. The child’s age, treatment dates, defendants, and procedural history can affect the analysis. Prompt legal review also gives attorneys more time to request records and preserve evidence.

Damages That May Be Available in Birth Injury Cases

Economic damages typically include current and future medical bills, such as hospital stays, surgeries, medications, and ongoing appointments with physicians or therapists. They can also cover the cost of in-home care, adaptive equipment, transportation needs, and modifications to your house if your child’s condition limits mobility. In more serious cases, life-care planning may project the total cost of care over your child’s expected lifetime and account for the impact on a parent’s ability to work.

Non-economic damages recognize the human side of what happened, including your child’s physical pain, functional limitations, emotional effects, and loss of enjoyment of life. These damages are generally subject to the requirements and limits of Texas law. In some situations, exemplary damages may be requested if the evidence meets the separate legal standard that applies to that category.

Contact Our Austin Birth Injury Lawyers Today

The Austin birth injury lawyers at Briggle & Polan, PLLC understand the impact a birth injury can have, not only on the child but also on the parents and other family members. We can handle the legal issues while keeping you informed about the progress of your case. Our legal team has handled nearly 200 jury trials, and we have recovered millions of dollars on behalf of our clients. When you trust your case to our team, there are no attorney fees unless we secure compensation on your behalf.