Tulsa Birth Injury Attorney

Fighting For Birth Injury Victims in Oklahoma

When an obstetrician, delivery room doctor, midwife, or another medical professional makes a mistake that harms an infant or mother, they can and should be held accountable. Taking legal action against the liable medical provider in Tulsa, OK, can provide parents, guardians, children, and families with a much-needed sense of justice and closure.

If you believe that you or your child suffered a birth injury due to medical malpractice, error, or negligence, reach out to Brewster & De Angelis right away. Our compassionate and experienced legal team is here to guide you and your family through this immensely challenging time. Since 1983, our lawyers have been fighting for the rights of injured victims and the families of those wrongfully killed in Tulsa, Oklahoma City, and throughout the state. We have secured numerous noteworthy settlements and verdicts on behalf of our clients and are prepared to aggressively advocate for the maximum compensation you and your family are owed.

Contact our birth injury lawyers in Tulsa today for a free and confidential consultation; call (918) 742-2021 or reach us online. 

What Is a Birth Injury?

A birth injury is an injury suffered by an infant or birth mother during pregnancy or immediately before, after, or during birth. Birth injuries are differentiated from birth defects by the fact that they occur as a result of medical malpractice, negligence, or error. Birth defects, on the other hand, stem from non-medical factors, such as genetics, the mother’s health, and the infant’s development in the womb.

Examples of Birth Injuries to Infants

Some common examples of birth injuries in Tulsa affecting infants include:

• Cerebral Palsy: Cerebral palsy is a common motor disability that affects an individual’s movement, balance, muscle tone, and posture. It is most often caused by brain damage before or during birth. The effects of cerebral palsy vary greatly from person to person, but it can cause issues with coordination, walking, mobility, swallowing, range of motion, and more.
• Brachial Plexus Injuries: The brachial plexus is a bundle of nerves responsible for shoulder, arm, hand, and finger movement. Damage to this area—such as stretching or tearing—can result in several different conditions, including shoulder dystocia, reduced range of motion, partial or total paralysis, and Erb’s palsy.
• Erb’s Palsy: Erb’s palsy is a condition involving significant muscle weakness in the shoulder and/or arm. Typically, Erb’s palsy results from an injury to the brachial plexus nerves during childbirth, but a later-in-life injury can also lead to the condition. People with Erb’s palsy may experience loss of muscle function, reduced range of motion, and other issues.
• Cephalohematoma: Cephalohematoma is a condition in which blood pools outside of the blood vessels and collects between an infant’s scalp and skull bone. It is often the result of significant pressure on the head, which can cause blood vessels in the scalp to rupture. While cephalohematoma is often harmless, it can result in anemia, infection, jaundice, and more.
• Hypoxic-Ischemic Encephalopathy: Hypoxic-ischemic encephalopathy (HIE) occurs when the brain does not receive adequate oxygen and/or blood flow, leading to brain damage and dysfunction. Possible long-term effects of HIE include cerebral palsy, epilepsy, seizures, blindness, hearing impairments, cognitive disability, and poor motor development.
• Facial Paralysis: Facial paralysis may occur in infants who are delivered with the use of assistive birthing devices, such as forceps. If the doctor puts pressure on or damages a nerve while delivering the baby using forceps, the baby may lose control of voluntary muscle movement in the face. This condition often goes away on its own, but it can lead to certain complications.
• Oxygen Deprivation: Oxygen deprivation before, during, or immediately after childbirth can have devastating consequences for the newborn infant. Depending on the length and severity of oxygen deprivation, the infant may suffer significant and permanent brain damage. In the most tragic cases, they may die.

What Types of Birth Injuries Affect Mothers?

Some common maternal birth injuries include:

• Uterine Rupture: Uterine rupture occurs when the uterus tears during childbirth. This is a rare condition, but it may be caused by the drugs used to induce labor. In some cases, an overdose of labor-inducing drugs can lead to violent contractions, which may cause uterine rupture. This is a life-threatening condition for both the mother and the infant.
• Pelvic Organ Prolapse: Pelvic organ prolapse can occur during or after childbirth. It involves the weakening of the pelvic floor muscles, which hold various pelvic organs (bladder, uterus, vagina, etc.) in place. When these muscles weaken or are damaged, the pelvic organs can drop or “prolapse,” which can lead to an array of complications.
• Untreated Infection: Untreated maternal infections during pregnancy can lead to serious and even life-threatening complications for both the mother and her unborn child. Common infections that may harm mothers and infants during pregnancy include hepatitis B and C, listeria, Lyme disease, Zika, and certain sexually transmitted infections (STIs).
• Anesthesia/Spinal Epidural Error: Anesthesia errors for mothers undergoing cesarean sections (C-sections), as well as spinal epidural errors, can have serious consequences for the mother and the infant. Common anesthesia errors include administering the wrong dose, overdosing, and administering to a patient who is allergic. Spinal epidural errors can lead to paralysis or death.
• Cesarean Section Error: Like any other surgical procedure, cesarean sections (C-sections) are complex procedures. Surgeons who are inexperienced or negligent may cause a C-section error that could have devastating consequences. Some examples include damaging a nearby organ, nerve, or structure and leaving behind an instrument or object in the body.
• Hemorrhage: Certain conditions, such as uterine rupture, can lead to excessive bleeding, known as postpartum hemorrhaging. More often, however, postpartum hemorrhage results from failure to deliver the placenta or when the uterus fails to contract after the placenta is delivered. Doctors have a responsibility to recognize and immediately respond to such conditions.

These and other birth injuries can have devastating effects, leading to lifelong impairments and disabilities, catastrophic injuries, and even death.

How Do Birth Injuries Happen?

Birth injuries most often result from medical negligence and preventable errors.

 Some of the specific causes of birth injuries include:

• Failure to diagnose and treat maternal infections
• Failure to diagnose and treat preeclampsia
• Improper prenatal or postnatal care
• Failure to monitor the mother and/or infant
• Failure to recognize or respond to signs of fetal distress
• Spinal epidural errors, including incorrect placement
• Prolonged labor/failure to order a timely C-section
• Failure to order an emergency C-section
• Improper use of forceps or vacuum extractors
• Failure to identify breech presentation
• Excessive force on the infant’s head or neck during delivery
• Medication errors, including errors with labor-inducing drugs

Although some risk factors for birth injuries are outside of the doctor’s control, they still have a responsibility to recognize these factors and respond accordingly.

What Damages Could Be Recovered in a Birth Injury Claim?

Potential damages may include:

• Medical Expenses: Birth injuries often require specialized medical care, including surgeries, physical therapy, medications, and other treatments. Families may also face ongoing expenses for mobility aids, adaptive equipment, or in-home modifications to support the child’s needs. Recovering these medical costs is critical to managing the financial burden of caring for a child with a birth injury.
• Future Medical Care: Many birth injuries, such as cerebral palsy, Erb’s palsy, or brain injuries, require lifelong medical attention. Compensation can cover anticipated future medical care, including routine doctor visits, therapy sessions, specialized schooling, and support services.
• Pain and Suffering: The emotional toll of a birth injury affects both the child and their family. Compensation for pain and suffering addresses the physical and emotional impact on the child, along with the mental anguish experienced by family members. While monetary compensation cannot undo the trauma, it can provide financial support to alleviate some of these burdens.
• Loss of Earning Capacity: Birth injuries that cause permanent physical or cognitive impairments may impact the child’s future ability to work and earn an income. Calculating these losses involves assessing potential career limitations and income restrictions the child might face due to their injury. This component of compensation provides financial security, helping to offset future income loss.
• Special Education and Therapy Costs: Children with birth injuries may require specialized education programs, behavioral therapies, and other educational support. Compensation for these costs can provide the resources needed to maximize the child’s potential and quality of life.
• Home Modifications and Assistive Devices: Children with physical disabilities due to birth injuries may need wheelchair ramps, accessible bathrooms, specialized furniture, and other home modifications. They may also require assistive devices such as wheelchairs, communication devices, or feeding assistance tools. Compensation for these needs helps families create a safe and accessible environment for the child.

Understanding Your Rights as a Birth Injury Victim

When faced with the devastating effects of a birth injury, it’s crucial to understand your legal rights and options. At Brewster & De Angelis, we believe that every victim deserves justice and support. Our experienced team is dedicated to guiding you through the complexities of the legal system, ensuring you are informed and empowered at every step.

Here’s what you should know about your rights in a birth injury case:

• Right to Compensation: If negligence played a role in your child’s birth injury, you may be entitled to compensation for medical expenses, ongoing care, and emotional distress.
• Right to Legal Representation: You have the right to seek legal counsel to help you navigate the claims process and advocate for your best interests.
• Right to a Fair Investigation: Every birth injury claim deserves a thorough investigation to uncover the facts and determine liability.
• Right to Support: You are not alone. Our compassionate team is here to provide emotional support and guidance throughout your journey.

We understand that every case is unique, and we are committed to providing personalized legal strategies that cater to your specific situation. 

Contact Our Tulsa Birth Injury Lawyer Today

If you or your child suffered a devastating birth injury, you deserve justice. At Brewster & De Angelis, our Tulsa birth injury attorneys have successfully helped children, parents, and families secure the fair compensation they were owed following serious and egregious acts of medical malpractice. Our lawyers can help you understand your legal rights and options during a free, no-obligation consultation.

There are no legal fees for you unless our Tulsa birth injury attorneys recover a settlement or verdict on your behalf. Schedule a free case evaluation by calling (918) 742-2021 or by contacting us online.