Birth trauma can be thought of as trauma suffered by the mother or, more typically, injuries suffered by the baby. Birth trauma refers to injuries sustained during the labor and delivery process. Causes of birth trauma can be split into two categories:

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• injuries suffered from physical trauma during the birth process – known as traumatic birth injury

• Injuries that occur as a result of lack of oxygen during birth. The medical term for this type of injury is hypoxic-ischemic.

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The two can occur on their own or together.

Oftentimes, birth trauma is unavoidable.

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From time to time, a birth injury could have been prevented had the doctors and hospital staff noticed risk factors and taken reasonable precautions to prevent birth trauma.

In these latter cases, the affected family may be entitled by law to seek monetary compensation for lifelong care that the child will need. These types of cases are quite complex. Birth trauma attorneys are lawyers who have experience representing families and recovering money from insurance companies for the care of the injured child.

If your child has suffered a traumatic birth injury, it is wise to discuss your questions and concerns with a Texas birth injury attorney.

A Sydney Australia court has cleared an obstetrician of any financial liability in a birth trauma lawsuit. George Angus was the specialist on duty when a baby was born with brain damage in September of 1995.

The family of the baby had previously reached a settlement of $7.5 Million with the Greater Southern Area Health Service (GSAHS), an organization that provides health care to people living in specified regions of New South Wales, Australia.

The birth of the baby was complicated when his shoulders became blocked and the umbilical cord wrapped around his neck. These complications lead to a deprivation of oxygen which resulted in brain damage.

The GSAHS, in an effort to recover some of the birth injury settlement, filed a lawsuit against Dr. Angus, claiming the difficult birth was partly his fault because he did not order utilization of a cardiotocograph (CTG) monitor.

A CTG monitor graphs how the fetal heart is responding to activity of the mother’s uterus. The results show patterns that can help predict positive outcome for the fetus, or if the baby is at risk of a birth injury.

The judge ruled that, “The omission to monitor by CTG … made no material contribution to the injury suffered by (the baby),” and therefore cleared the doctor of liability.download Not Easily Broken download American High School movie

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In 2005 an Illinois state law was passed that capped the monetary compensation a plaintiff could receive in a medical malpractice lawsuit.

On Wednesday Judge Diane Larsen of the Cook County Circuit Court ruled that lawmakers could not impede the rights of judge and jury to decide fair compensation. Larsen determined that the caps were in violation of the “separation of powers” clause in the Illinois Constitution.

In medical malpractice lawsuits there are economic damages and non-economic damages. Economic damages cover medical bills and money lost from missing work. Pain and suffering of the plaintiff is compensated under non-economic damages. The latter type was capped at $500,000 for doctors and $1 million for hospitals by the 2005 legislation.

Many Texas citizens may remember an aggressive marketing during the 2003 election campaign in favor of Proposition 12. The messages sent by Governor Rick Perry and the Texas Medical Association in speeches, flyers and brochures was that high jury awards in medical malpractice cases were driving up insurance rates and driving obstetricians out of rural Texas. With our state’s medical malpractice cap still in place, the number of Texas counties without obstetricians is about the same.

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