Meconium aspiration syndrome occurs when a newborn inhales viscous meconium immediately before or during birth. This can lead to breathing troubles and other forms of respiratory distress. With early detection and prompt treatment, […]
Birth injury malpractice occurs when a physician, nurse, or other healthcare professional makes a mistake during the labor and delivery process that results in a birth injury. Birth injuries can leave children with serious and permanent consequences. If your child sustained a preventable injury during the birthing process, you may be eligible to take legal action by filing a birth injury medical malpractice claim.
Medical malpractice takes place when the negligent actions of a hospital, doctor, or other medical professional cause injury to a patient. Medical professionals are expected to provide a certain standard of medical care during all medical procedures, including childbirth. It could be considered malpractice if your baby sustained a brain injury, or any other type of injury, due to carelessness or a medical error during childbirth. Medical malpractice can cause multiple kinds of birth injuries.
Some of the most common birth injuries resulting from birth injury medical malpractice are:
There are specific neurological and physical symptoms you can look for if you suspect your newborn received a medical malpractice birth injury that has not yet been diagnosed. These symptoms can include:
The leading cause of birth injury medical malpractice is careless errors made by the obstetrician or birthing team during, before, or immediately following childbirth. Physicians, nurses, midwives, and other healthcare providers undergo extensive training and should know what to do during a complicated or problematic childbirth. Unfortunately, some medical professionals fail to uphold the expected medical standard of care and make negligent errors that can lead to severe injury or death.
Some examples of the types of medical negligence that can cause birth injuries include:
Medical negligence can also cause the mother to sustain permanent injuries during childbirth. Maternal health problems that can arise from medical malpractice include:
Medical malpractice can result in birth injuries that could cause your baby to miss essential developmental milestones. If you think your baby was injured by medical negligence, talk to a skilled Dallas medical malpractice attorney as soon as possible.
In order for your claim to be successful, your attorney will have to prove that the doctor committed negligence and that negligence led to your baby’s harm:
A birth injury medical malpractice case must prove that:
Attorneys who specialize in birth injury medical malpractice cases can collect relevant evidence like medical records and eyewitness statements to support and strengthen your birth injury malpractice claim.
Birth injuries place a great deal of financial and emotional stress on families. Most new parents are not prepared for the exorbitant costs of caring for a baby with a birth injury. By filing a claim seeking financial compensation, you could receive the money you need to cover your baby’s birth injury treatment.
Financial compensation for birth injuries caused by medical malpractice can cover:
In Texas, the statute of limitations for most personal injury claims is two years from the day the injury occurred. So, if a parent is filing a birth injury, claim, they have until their child’s second birthday to do so. There are some exceptions to this deadline. For example, although that same two-year statute applies if the victim is filing a claim on their own behalf, since Texas does not allow minors to initiate legal proceedings, the two-year clock would not start running until the victim’s 18th birthday, meaning they have until they are 20 years old to file a lawsuit.
Some birth injuries are not usually diagnosed until later on in the child’s life. For instance, the average cerebral palsy diagnosis occurs around two years old. So, in certain circumstances, another exception to the statute may be granted and the clock would be tolled until two years after the child’s parents became aware of the birth injury. To ensure you do not lose your right to compensation due to a missed deadline, it is best to consult with a knowledgeable Dallas birth injury about your case right away.
A birth injury can, in some cases, lead to long-term or permanent effects on the newborn. For instance, if a serious case of brain injury is sustained during labor or delivery, the baby could have cognitive and developmental disabilities that will be with them throughout their lifetime. Special medical care and equipment might also be needed, leaving the unsuspecting parents with costly medical and care expenses for many years to come.
If your child sustained a birth injury due to medical malpractice, you could be entitled to compensation for their medical care and other damages. If you are thinking about filing a birth injury medical malpractice claim, consult with a Dallas birth injury lawyer at Rasansky Law Firm by calling us at (214) 651-6100. We offer a free initial consultation and can advise you on how to best proceed with your birth injury case.
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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