Giving birth is one of the most exciting and frightening days of a mom’s life, however, the entire process, from every appointment in your prenatal care to your postpartum checkups, can shape your entire pregnancy. Throughout the nation, it’s been discussed that this care falls woefully short for most women, and when it comes to women of color, the lack of care can lead to preventable birth injuries for both the baby and the mom. Data has shown that discrimination even enters the delivery room, and this stark reality can lead to fatal mistakes on what should be the most joyous day for families.
Shedding light on these discriminatory practices allows families to know that they have rights and a voice that can be used to bring justice and compensation for their suffering. If you or a loved one needs compassionate representation to hold medical providers responsible, contact Bailey Cowan Heckaman today.
Racial Disparities in Maternal Care: What the Statistics Show
Unequal access to quality healthcare, especially in underserved areas, limits mothers’ ability to receive timely and effective care. Implicit bias in medical settings can result in concerns being dismissed or symptoms being overlooked, putting women’s health at greater risk. Addressing these disparities is critical to ensuring that all women, regardless of race or ethnicity, receive the care and respect they deserve during one of the most vulnerable times in their lives.
Statistics show severe mortality rates among women and children not just in Texas, but nationwide:
- The maternal morbidity rate among women in Texas is 72 per 10,000 births
- Black women have a severe maternal morbidity rate of 135 per 10,000 deliveries
- Infant mortality rate in Texas has an average of 5 deaths per 1,000 live births
- Black women’s infant mortality rate in Texas has a 9.5 deaths per 1,000 live births
- Hispanic women’s infant mortality rate is 5.2 per 1,000
- White women’s infant mortality rate is 3 per 1,000 births
In 2023, the Texas Maternal Mortality & Morbidity Review Committee determined that 80% of these deaths were preventable.
The Impact of Discrimination on Black and Latina Women in Texas
The Texas Maternal Mortality and Morbidity Review Committee in conjunction with the State’s Health Department, does a yearly review and tracks the mortality rate among women and infants. Since this committee started in 2013, it hasn’t seen stable numbers or even a decrease in the mortality rate for women, but instead saw an increase in mortality rates for women of color in Texas.
While this committee reviews these cases, they also look into how preventable the loss was and investigate whether one or more changes could’ve had a different outcome.
How Discrimination in the Delivery Room Leads to Birth Injuries
Throughout the nation, there is an urgent need to address the racial bias and disparities that mothers of color face when receiving care for themselves and their babies. The need for systematic reform is undeniable when you look at the statistics, and with the complex demographic landscape of Texas, the stark reality of the mortality rates is frightening.
The Consequences of Medical Negligence and Bias During Labor
Mothers of color face undeniable bias when receiving maternal care, and the implicit bias can lead to a dismissal of concerns, misdiagnosis, or even delays in providing critical care during labor. When medical providers fail to listen or act on a mother’s symptoms, the results are catastrophic, increasing the birth injuries and complications for both mother and baby.
This disparity is no accident; structural inequality and bias create environments where women of color are not given the same quality of care, and these biases have direct consequences from the negligence that these mothers suffer.
The consequences of bias during maternal care for women of color:
- Increased postpartum depression and anxiety
- Mistrust in the healthcare system
- Physical and emotional trauma
- unequal access to health care
- higher maternal and infant mortality rates
It is vital to listen to the voices of women of color, uplift their experiences, and advocate for a maternal healthcare system that treats every mother with the care, respect, and dignity they deserve. Families should never have to suffer due to preventable harm rooted in bias—they deserve better, and we must work together to make that a reality.
How Birth Injury Cases Differ from Other Medical Malpractice Claims
No mother or family should suffer the immense weight and grief of a birth injury, and when it is the direct result of a medical provider’s racial bias, they can face a unique legal challenge. Birth injury cases that involve discrimination often differ from other medical malpractice claims because they center around systemic biases that influence medical decisions or neglect.
Proving discrimination requires establishing that implicit or explicit bias directly affects the level of care provided, which often involves examining the provider's actions, standard protocols, and whether medical decisions deviate from what is considered acceptable. At Bailey Cowan Heckaman, we recognize the emotional trauma and the injustice that you’ve suffered and want to ensure that your story is told with the respect and attention it deserves.
Legal Options for Victims of Birth Injuries Due to Discrimination
When pursuing justice for a birth injury due to discrimination, here are some vital steps you can take to build your case:
- Document Everything: Keep detailed notes about medical interactions, symptoms that were ignored, and any treatment delays. Retain all medical records and expenses.
- Seek Experienced Legal Counsel: Work with Bailey Cowan Heckaman to help guide you in the steps to start your journey to justice.
- Expert Testimony: Your legal team can help secure medical experts who can testify about how biases in care contributed to the injury.
- Prove Medical Negligence/Malpractice: Establish that the provider's actions or omissions fell below the standard of care expected, leading to harm.
- Quantify Damages: Outline not only physical injuries and medical expenses but also emotional trauma and long-term financial costs like lost wages.
- Build a Discrimination Case: Demonstrate that implicit or explicit bias was a factor in the negligent treatment, bolstered by statistical data, comparisons, or past behaviors.
The maternal death rates in Texas are deeply troubling, shedding light on a crisis that continues to impact women of color disproportionately. One harrowing report tells of a mother who, while bleeding and ignored after repeatedly pressing her nurse call button, felt she had no choice but to call a suicide hotline just to get the medical attention she urgently needed.
This should be a time of care, recovery, and celebration, yet racial injustices turn what should be joyful moments into tragedies. Women of color face maternal mortality rates as high as five times that of others, an unacceptable reality rooted in systemic inequities.
How Bailey Cowan Heckaman PLLC Can Help You Seek Justice
While no action can erase the pain of a traumatic birth experience, seeking legal support can amplify your voice and demand accountability. Bailey Cowan Heckaman is here to offer compassionate and experienced representation, fighting for justice and the dignity every mother deserves. Don’t wait—contact us today to take the first step toward healing and change.