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Birth Injury Lawyers

Birth injuries may be particularly distressing for both the injured baby and his or her parents. These ailments might have a long-term impact on your child’s cognitive, physical, and emotional development. If your baby was injured during birth, you should contact Texas Personal Injury Lawyers as soon as possible.

Any medical blunder at any time during the pregnancy, labor, and birth can result in catastrophic birth injuries. Birth injury team from Texas Personal Injury Lawyers has years of expertise evaluating and litigation the most complicated birth-injury claims.

Working with a reputable legal team to pursue birth injury lawsuit compensation allows you to feel confident that your baby will receive the care they require. For a free case evaluation, contact us right now to determine whether your child’s birth injury might have been preventable and if you are qualified to file a lawsuit.

Common Types Of Birth Injuries

There are several various sorts of birth injuries. Some symptoms may appear quickly, while others might take some time to show.

The following are some of the most common types of birth injuries:

  • Cerebral palsy
  • Brain injuries
  • Bleeding under the scalp or skull
  • Paralysis
  • Forceps injuries
  • Brachial plexus injuries
  • Clavicle fractures
  • Trauma to the cranial nerves
  • Kernicterus
  • Spasticity
  • Hypoxia
  • Infections
  • Meconium aspiration
  • Infant death

Compensation For Birth Injuries

 

The amount of compensation you may get will be determined by the specifics and circumstances of your case, as well as the degree and severity of the birth injuries. Our lawyers can analyze your prospective claim and provide an honest evaluation (winnability) and value for it. If our attorneys agree to take on your case, we’ll do a complete examination of the medical records and consult with qualified specialists while working hard to show how you or your infant were harmed physically, emotionally, and financially as a result of medical mistake. The future medical costs of treating an injured baby might be high in many situations. We collaborate with rehabilitation nurses and physicians to develop a lifecare strategy for newborns who have been harmed and to estimate the future medical care expenses.

Time Limits For Filing Birth Injury Claims

 

The statute of limitations, or time limit for bringing a birth injury suit, varies by state. In Texas, at least, the legal situation is quite complicated. In the state of Texas, both parents and children may pursue a birth injury claim under different time constraints. However, be wary because missing the deadline to file will result in your lawsuit being permanently dismissed. It is critical that you contact us as soon as possible if you believe your child has been injured. A claim must generally be filed before a person’s 20th birthday, but the longer one waits, the more difficult it becomes to recoup losses. In addition, the Texas Supreme Court has recently determined that if a parent does not file a lawsuit for their kid within two years after the accident, the child’s right to pursue legal action may be lost. Parents have two years from the date of the incident to bring a claim on their own behalf, and there are no exceptions. The time period for filing a personal injury claim after the death of a baby during childbirth is two years.

Birth Injury Malpractice

 

Not every birth injury is caused by medical negligence. Medical malpractice, on the other hand, can result in numerous birth injuries. There are circumstances in which a healthcare practitioner’s carelessness is the primary cause of a childbirth injury. The parents have the legal right to file medical malpractice claims against the negligent parties in these circumstances. When a doctor, hospital, or medical team member fails to exercise reasonable care that leads to an untoward result, he or she may be held responsible for any damages.

Infants and their mothers may be harmed during the pregnancy and birth process. The infant might suffer a number of different injuries, as well as internal injuries or excessive blood loss for the mother. Delivery-related injuries can develop from negligence during the delivery or in failing to properly handle birthing instruments such as vacuum extractors and forceps. In certain situations, a doctor’s failure to react to an emergency or incompetence may cause birth injuries. Other types of carelessness can also result in bodily harm to babies and moms. Complications during delivery might lead to a lack of blood or oxygen flow, resulting in developmental delays and brain damage. This form of brain damage may impact physical abilities as well as cognitive functioning.

Spinal cord damage can result in paralysis and bowel and bladder problems. Inadequate shoulder delivery may cause brachial plexus injuries, which can leave the arm or shoulder paralysed. Doctors must act swiftly and correctly in situations of crisis to avoid such injuries.

In rare situations, moms may be suffering from germs that can harm their unborn children. Doctors must treat infections that might harm the fetus. Meningitis and strep are two examples of infections that can be transferred from a mother to her child. To prevent spina bifida, folic acid deficiency, and anemia, doctors should also recommend the appropriate supplements.

How Do I File A Birth Injury Suit?

The first step in pursuing a birth injury lawsuit is to contact a medical malpractice attorney experienced in birth injuries and birth trauma. The more experience your lawyer has with cases related to birth injuries or trauma, the more successful your case will be. An experienced lawyer is more familiar with precedents for your circumstances and is generally better equipped to defend a birth injury lawsuit.

If you’re thinking about filing a lawsuit, make sure to save all documents relating to your child’s accident. These include receipts of payment, medical records, and any doctor’s notes or statements. The court may need additional copies of papers that have been misplaced, and obtaining replacements for missing papers may be time-consuming.

Ongoing Impacts Of Birth Trauma

 

Infants who have gone through birth trauma or other injuries can experience long-term mental, cognitive, and physical impairments.

Liability For Birth Injuries

 

Liability for birth injuries is difficult to determine. Many people are involved in prenatal care, including physicians and nurses. The hospital or facility may be held liable, and the equipment or product manufacturers may bear some of the blame. Attorneys look into birth injuries to identify all of the potential parties.

Childbirth-related injuries might be caused by a variety of people and institutions, including:

  • OB/GYN doctors
  • Anesthesiologists
  • Nurses
  • Medical staff
  • Hospitals
  • Midwives
  • Birthing centers
  • Defective product or equipment manufacturers

An attorney would investigate to determine whether a doctor or nurse’s negligence was the cause of the birth injury, and if he or she is an employee of the hospital or birthing center, or an independent contractor. If the doctor is a hospital employee, both he and the facility may be held liable. Because of negligent hiring, supervision, training, and retention, a hospital might be directly or vicariously responsible for its staff’s errors.

Proving Negligence

 

When a doctor’s negligence is alleged to have caused birth injuries, several criteria must be proved. To succeed in your claim, you must be able to demonstrate all of the following components:

  • There was a doctor-patient relationship
  • The doctor owed a duty of care and breached the duty
  • The breach of the duty of care resulted in birth injuries
  • The plaintiff suffered specific damages

In most situations, you will need to submit evidence that each of the elements has occurred in order for your lawsuit to be successful. In most cases, it will be necessary to call experts in order to establish the breach and demonstrate that the damages were caused by it.

Experts are typically practicing physicians with expertise in the area and a comparable specialty as the defendant doctor. Experts can assist in demonstrating that the defendant failed to fulfill his or her responsibility of care, as well as establishing a causal link between the defendant’s negligence and the plaintiff’s harm.

Find Birth Injury lawyers 

 

We at Texas Personal Injury Lawyers understand how serious birth injuries can be. We strive to help our clients get compensation and hold the offenders accountable for their negligence. Contact our law firm immediately to schedule a free consultation with Texas Personal Injury Lawyers by calling us at (888) 997-2148 . A free case evaluation might assist you in determining your rights and possibilities.