Birth Injuries
Kerrville Birth Injury Lawyer
The birth of a child is a day worth celebrating, and for many parents, it is one of the most memorable days of their lives. Unfortunately, the birth of a child can be an incredibly traumatic day for parents, especially if their child sustains serious birth injuries as a result of complications or medical negligence.
If your child has suffered from injuries as a result of a negligent or careless doctor, nurse, or other medical professional, you may be able to recover compensation for your child’s injuries. A Kerrville birth injury lawyer at Janicek Law can examine your case and help you file a claim or lawsuit against the responsible parties.
Our law firm will work tirelessly to ensure you receive the compensation you deserve. Call our law offices today at 210-366-4949 to speak to a Kerrville personal injury attorney on our team about your case.
What is a Birth Injury?
A birth injury is an injury that a child sustains before, during, or right after birth. They are usually caused by negligent medical professionals who fail to provide their patients with appropriate medical care. Certain birth injuries can heal within a few days or weeks, whereas some cause lifelong personal injuries. If your child is a victim of medical malpractice, you can file a personal injury case against the parties responsible for your child’s injuries.
Birth Injuries vs. Birth Defects
Birth injuries can often be mistaken for birth defects, which are conditions that the child develops in the womb as a result of genetics or outside factors, like drug or alcohol use during pregnancy. Birth injuries, on the other hand, are caused by trauma during the birthing process.
If a child develops a birth injury, the mother could potentially sue a healthcare provider for negligence. If a child develops a birth defect, however, the mother would not be able to file a personal injury case on behalf of their child unless she could prove that the birth defect was a direct result of negligence or toxic poisoning.
Birth Injury Statistics in the United States
According to the Centers for Disease Control, birth injuries are one of the top five causes of infant mortality in the United States. Also, according to one recent study, neonatal birth trauma affects about 31.1 out of 1,000 births in the United States.
Common Types of Birth Injuries
There are a number of different injuries that doctors and other medical professionals can cause through negligent actions or omissions. Below are some of the most common types of birth injuries that we see in our Kerrville birth injury cases:
- Cerebral palsy
- Brachial plexus injuries like Erb’s palsy
- Hypoxic Ischemic Encephalopathy
- Cephalohematoma
- Caput Succendaneum
- Skull fractures
- Meconium Aspiration Syndrome
If your child has suffered from any of these injuries, you may be able to recover compensation in a medical malpractice case. At Janicek Law, our personal injury attorneys are committed to helping clients receive the best possible resolution for their birth injury cases. Call our law firm at 210-366-4949 to speak to a member of our team about your case for free.
Common Causes of Birth Injuries
Birth injuries can be caused by a variety of factors, the most common including:
- Failure to properly monitor the mother/fetus
- Failure to address/diagnose certain conditions
- Failure to perform a C-section
- Forceps and/or vacuum misuse
- Unnecessary force when moving the baby out of the birth canal
- Use of off-label pharmaceuticals
A Kerrville personal injury attorney will be able to decide exactly what act or omission caused your child’s birth injury so that you can receive compensation for your losses.
Risk Factors for Birth Injuries
There are certain risk factors that can increase a child’s risk of sustaining birth injuries. Some of these risk factors include:
- Prolonged labor
- Maternal infections
- Size of the baby and birth canal
- High blood pressure
- Abnormal presentation
If a doctor fails to evaluate a child or mother for these risk factors, and the child suffers from a birth injury, the doctor may be held liable in a medical malpractice lawsuit.
Long-Term Effects of Birth Injuries
While some birth injuries can heal over time, others can cause lifelong mental and physical disabilities. Many of the long-term effects of birth injuries include brain damage, nerve damage, paralysis, hearing impairments, visual impairments, physical disabilities, and developmental delays.
Do I Need a TX Personal Injury Lawyer for My Birth Injury Case?
Yes, the best way to ensure you receive fair compensation in your birth injury case is by hiring a Kerrville birth injury lawyer. When seeking compensation from medical professionals, you need an in-depth understanding of the legal process as well as the Texas legal system. While you can technically file a claim on your own, a Kerrville personal injury attorney will have the expertise and legal resources needed to file your claim correctly and on time.
You’ll want to find personal injury lawyers who have a proven track record when it comes to medical malpractice and birth injury claims. Our legal professionals have experience handling birth injury claims and have a long history of securing favorable settlement offers and trial awards for our clients. Call us at 210-366-4949 and schedule a free initial case evaluation with one of our personal injury lawyers today.
Possible Liable Parties in a Birth Injury Lawsuit
Just like in other personal injury claims, in a birth injury claim, there are usually multiple parties that could be found liable for your damages. Some of these parties can include:
- Obstetricians
- Labor and delivery personnel
- Gynecologists
- Anesthesiologists
- Hospitals
- Emergency room personnel
- Pharmaceutical companies
In order to determine exactly who is responsible for your child’s injuries, a personal injury attorney will assess the situation and gather relevant information to prove fault. Experienced birth injury attorneys will know exactly how to investigate your case, ensuring that no stone goes left unturned and no past or future damages are left ignored.
How Personal Injury Attorneys Prove Medical Negligence in a Birth Injury Lawsuit
In order to prove negligence in a birth injury lawsuit, a Kerrville personal injury lawyer will have to prove that your birth injury claim possesses the 4 elements of negligence. These elements are:
- Duty of care: a medical professional’s responsibility to act within their role and prevent their patient from unnecessary harm;
- Breach of duty of care: a failure to provide their patient with reasonable care;
- Causation: a link between the medical professional’s act/omission and the patient’s injury;
- Damages: any losses the patient suffered from as a result of the injury.
By gathering eyewitness testimonies, speaking to medical experts, and examining the patient’s medical records, birth injury attorneys will be able to prove negligence and help their clients receive compensation.
Birth Injury Damages
In a birth injury medical malpractice claim, victims can receive compensation for damages such as:
- Past medical expenses
- Future medical expenses for ongoing treatments
- Lost wages
- Adaptive equipment like mobility aids
- Special education accommodations
- Loss of enjoyment of life
- Emotional distress
- Burial and funeral expenses, in the event of a wrongful death.
If your child was harmed by a negligent medical professional, an experienced birth injury law firm like Janicek Law can help you seek damages for your child’s injury.
Texas Statute of Limitations for Birth Injury Lawsuits
In personal injury law, victims only have a limited window of time to file a claim for compensation, which is known as the statute of limitations. In Texas, the statute of limitations for medical malpractice cases is two years from the date of the injury, but victims of birth injuries have a little more leeway than that.
If the personal injury victim is younger than 12 at the time of the injury, then the parents have until the child turns 14 to file a claim for compensation. Many birth injuries aren’t detectable right away, and may only be noticeable after the child fails to meet certain developmental milestones.
Call a Kerrville Birth Injury Lawyer at Janicek Law Today
If you or your child has suffered from injuries as a result of a negligent healthcare provider, you deserve justice. By hiring a skilled Kerrville, TX, personal injury lawyer, you can ensure you have the best chance at receiving a fair settlement or trial award in your birth injury case.
Not sure where to find one? You already have. The experienced lawyers at Janicek Law are here to help you seek justice and recover compensation for your losses. Call our law firm at 210-366-4949 or contact us online to receive a free consultation regarding your birth injury case.
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