A birth injury settlement occurs when the medical professional whose negligence injured a child (the defendant) agrees to pay financial compensation to the aggrieved family (the plaintiff). Birth injury awards are intended to […]
If your child suffered a preventable birth injury due to a doctor's negligence or failure to act, the Dallas attorneys at Rasansky Law Firm may be able to help your family
recover compensation through a medical malpractice claim.The birth of a child is a momentous occasion. However, it is also fraught with danger and risk given the fact that many things can go wrong. Trained medical professionals are required to look for and mitigate any complications that may arise in order to make sure that both the mother and the baby do not suffer serious preventable harm.
Sometimes, labor can take longer than is expected. As a result, doctors are required to monitor the child’s vitals and distress signals, and to determine the best route moving forward. If the child is at immediate risk of a serious injury (e.g., hypoxia due to lack of oxygen reaching their brain), doctors and nurses are required to address the situation immediately; possibly by ordering an emergency c-section delivery. Failure to do so may rise to the level of medical malpractice, but your legal options depend on the specific facts of your case.
Delayed or prolonged labor can be caused by any number of things. For instance, a child’s head may be too large to pass through the birth canal (cephalopelvic disproportion), which is often caused by hereditary issues. In such cases, time is of the essence, and a predisposing condition such as this one ought to be caught way before your delivery date.
Another reason for delayed labor may be an overdue or past-due pregnancy. If a child is born past the 42nd week of gestation, there is a high probability that they will be larger and heavier than the average child, meaning that they may not be able to be delivered naturally. This is something that doctors should prepare for so they can have plans in place, such as the induction of delivery via the use of Pitocin (which stimulates uterine contractions and ripens the cervix for delivery).
Abnormal fetal presentation is yet another reason why labor may take longer than envisioned. Usually, babies are born head first, ensuring a smooth and uneventful delivery. However, this isn’t always the case. In fact, in about 4 percent of all births (and 25 percent of all premature births) the baby can present legs or buttocks first (i.e., breech position). This can slow down delivery and present many health risks, and may require the dexterous hands of an experienced physician to hasten labor along.
If the child becomes stuck in the birth canal or in a position which cuts off their circulation, it's important to act quickly. Without adequate circulation, the child's brain can become starved of oxygen, leading to serious complication such as hypoxia and/or permanent brain damage that may develop into cerebral palsy.
Issues such as these generally call for doctors to immediately adjust the positioning of the mother to relieve pressure. If this proves ineffective, it may be necessary (and expected) to perform an emergency C-section in order to facilitate delivery as soon as possible.
Prolonged or delayed labor is dangerous in the sense that it may seriously affect the health of the baby and has the potential to cause lifelong complications. Any hypoxic events (where the child's blood flow is interrupted for several minutes at a time) can lead to permanent brain damage and tissue death. If the brain suffers this type of injury while still developing, it could result in the development of neurological disorders such as cerebral palsy; a lifelong condition which affects one’s muscle control, balance, and coordination.
Medical malpractice claims are very complex in Texas due to the tort reform measures passed in our state, but you'd be hard-pressed to find another law firm in Texas with more birth injury experience than Rasansky Law Firm. In order to have the best chance at winning your claim and recovering compensation, you need an experienced and dedicated attorney on your side to investigate the facts of your case, collect evidence, and pursue your claim.
For a free consultation, call our Dallas birth injury lawyers today at (214) 651-6100. We're happy to discuss your options free of charge, and we never charge a penny unless we win your case and put money in your pocket.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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