New Braunfels Birth Injury Lawyer
A New Braunfels birth injury lawyer from Janicek Law can help families recover compensation for birth injury claims through a birth injury lawsuit. The birth injury attorneys at Janicek Law have been holding negligent medical experts accountable throughout San Antonio, Seguin, and New Braunfels, TX, for over 20 years.
At Janicek Law, our New Braunfels personal injury lawyers successfully handle various personal injury cases, including birth injury cases involving medical negligence. Our birth injury lawyers are committed to fighting tirelessly for the rights of our injured clients, aiming to ensure that they recover financial compensation and justice while their negligent doctors are held accountable for their medical negligence.
Our dedicated New Braunfels personal injury attorneys have what it takes to navigate the complex landscape of the birth injury claims process, ensuring that each family receives top-tier legal representation and the support and understanding they need during such a challenging time.
Call 210-366-4949 to schedule a free consultation with our experienced team of New Braunfels birth injury lawyers today.
What is a Birth Injury?
A birth injury refers to any harm or trauma inflicted on a newborn during the childbirth process. Birth injuries may occur due to various factors, such as the baby’s size or position during birth, the length of labor, or a medical mistake. Understanding the circumstances surrounding a birth injury is crucial for both medical malpractice prevention and addressing any immediate or long-term health concerns they may pose for the affected child.
Birth Injury vs. Birth Defect
A birth injury can be the result of physical pressure, a medical mistake, lack of intervention, or complications during birth, and they often have immediate consequences for the victim.
In contrast, a birth defect is a condition that develops while the baby is still in the womb, typically arising from a genetic factor, environmental exposure, or a combination of both.
This fundamental difference is significant not only for medical diagnosis and treatment but also for legal considerations.
Common Types of Birth Injuries in New Braunfels, TX
Below, our San Antonio birth injury attorneys break down a few of the most common catastrophic injuries that we have seen during the civil claims process.
Brachial Plexus Injuries
Brachial plexus injuries occur when the brachial plexus nerves are stretched, compressed, or, in severe cases, torn during a difficult delivery, often involving shoulder dystocia where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Symptoms can range from mild, temporary weakness in the arm to more severe, permanent conditions like Erb’s Palsy or Klumpke’s Palsy, characterized by paralysis or loss of muscle function in the affected limb.
A San Antonio brachial plexus injury attorney can ensure that victims and parents receive the justice they deserve.
Caput Succedaneum
Caput Succedaneum can be exacerbated by vacuum extraction during delivery. In most cases, this condition is harmless and resolves independently within a few days to a week without medical treatment. For the most severe cases of this birth injury, it’s crucial for parents of affected infants to contact a San Antonio caput succedaneum attorney today.
Cerebral Palsy
The cause of cerebral palsy is often linked to a lack of oxygen to the brain during labor and delivery, but it can also result from brain infections, premature birth, or trauma. This can be a focal point in birth injury cases if medical negligence is contributed to the condition. It’s important to seek justice with the help of a San Antonio cerebral palsy attorney so that victims can receive the financial compensation and care they deserve.
Cephalohematoma
Cephalohematoma is a birth injury that often arises from birth trauma, such as the use of forceps or vacuum extractors during delivery, or as a result of a prolonged or difficult birth. In the most severe cases of this birth injury, parents of affected infants should contact a San Antonio cephalohematoma attorney.
Cytotec Birth Injuries
Cytotec (misoprostol) is a medication that has been used off-label to induce labor in pregnant women. While it can be effective in starting or speeding up labor, its use has been associated with a range of serious complications and injuries both to the mother and the baby.
A New Braunfels birth injury lawyer from Janicek Law can determine whether there’s enough evidence to pursue compensation through a birth injury lawsuit.
Erb's Palsy
Erb’s Palsy is considered a severe birth injury that could result from medical negligence. If medical professionals fail to appropriately manage risk during delivery or fail to perform a cesarean section, they may be held liable.
Speak with a New Braunfels birth injury lawyer to learn about your birth injury claim options.
Hypoxic Ischemic Encephalopathy
HIE can lead to significant neurological damage, resulting in a range of outcomes from mild developmental delays to severe disabilities like epilepsy. The prognosis of HIE varies, and early intervention with rehabilitative therapies can help maximize a child’s potential and quality of life. For more information about legal options, call a San Antonio hypoxic-ischemic encephalopathy attorney today.
Infant Skull Fractures
While some skull fractures may be asymptomatic and heal on their own, others can lead to complications such as intracranial hemorrhage, traumatic brain injuries, or neurological issues. If your infant has suffered a skull fracture due to medical negligence, contact a San Antonio infant skull fracture attorney today.
Klumpke Palsy
Birth injury cases where Klumpke’s Palsy can be attributed to medical negligence include failure to manage a complicated delivery, excessive force during the birth process, or not performing a cesarean section. In these personal injury cases, the affected families may have grounds to file a medical malpractice or personal injury lawsuit.
Call our New Braunfels personal injury attorneys to see how we can help you secure compensation.
Meconium Aspiration Syndrome
Meconium Aspiration Syndrome (MAS) can block airways, hinder breathing, and cause inflammation or infection, leading to respiratory distress. Early detection and treatment are crucial in preventing potential complications like persistent pulmonary hypertension. Be sure to contact a San Antonio meconium aspiration syndrome attorney to learn more about your legal options for compensation.
Umbilical Cord Prolapse
Umbilical cord prolapse is a critical emergency, posing a significant risk of asphyxia to the baby, as the prolapsed cord can become compressed, reducing blood flow and oxygen supply. If this is not promptly managed by medical professionals, it may constitute medical malpractice.
Contact a New Braunfels birth injury attorney at Janicek Law to determine whether your personal injury case can be pursued for compensatory damages.
How Personal Injury Lawyers Prove Liability in a Birth Injury Lawsuit
In order to successfully prove liability in a birth injury lawsuit for medical malpractice, a New Braunfels personal injury lawyer must prove the four D’s of negligence occurred.
- Duty of Care: The first step is establishing that the doctor or hospital had a duty of care towards the mother and baby. This involves demonstrating that there was a professional relationship between the patient and the medical professional.
- Breached Duty of Care: This means showing that medical professionals failed to adhere to the accepted standards of medical care. This can include errors in judgment, procedural mistakes, failure to use the necessary equipment correctly, or any action (or lack thereof) that deviates from the standard of care typically expected in similar circumstances.
- Causation: This links the breach of duty directly to the birth injury. Evidence must prove that medical malpractice directly caused the birth injury and often requires detailed medical records and testimony from medical experts to illustrate how the action or inaction of the medical professional led to the specific injuries sustained by the newborn.
- Damages: The infant and the parents suffered various damages for which they should receive just compensation.
Successfully proving these elements in a birth injury lawsuit requires a thorough understanding of medical procedures and standards, utilizing evidence to secure results, and legal expertise in medical malpractice cases. Therefore, hiring a New Braunfels birth injury attorney is crucial for families seeking justice and compensation for birth injuries.
Compensation in a New Braunfels Birth Injury Lawsuit
In birth injury cases, a New Braunfels personal injury attorney can help you secure compensatory damages that reflect the significant physical, emotional, and financial impacts these physical injuries can have:
- Medical Bills: This includes the costs of immediate and long-term medical care directly related to the medical malpractice.
- Future Care Costs: Many birth injuries require ongoing treatment and care. This can involve costs for physical therapy, occupational therapy, speech therapy, specialized equipment, and potentially long-term nursing care.
- Pain and Suffering refers to compensation for the pain and suffering endured by the child and the family. This is particularly relevant in cases of severe and lifelong disabilities.
- Loss of Earning Capacity: In cases where the birth injury results in long-term or permanent disability, there may be a claim for the loss of the child’s potential earning capacity in the future.
- Emotional Distress: Parents and families can claim damages for the emotional trauma and distress caused by the injury and its consequences on family life.
Each birth injury case is unique. Legal expertise from New Braunfels birth injury lawyers is crucial in accurately assessing and pursuing these damages to ensure that families receive the full compensation they are entitled to.
Texas Medical Malpractice Statute of Limitations
In Texas, the statute of limitations for medical malpractice claims is generally two years from when the injured party discovered that the injury occurred and that the defendant (typically a doctor or other medical professional) breached their duty of care.
Personal injury lawyers in Easton & Lehigh Valley emphasize the importance of understanding this statute to ensure that victims who have suffered due to medical malpractice can pursue a personal injury lawsuit before the window of opportunity closes.
Experienced New Braunfels Birth Injury Attorney
If your family is grappling with the consequences of a birth injury in New Braunfels, Texas, it’s crucial to reach out to a skilled New Braunfels birth injury lawyer before the statute of limitations of 2 years runs out. At Janicek Law, our experienced lawyers have a proven track record of navigating the complexities of birth injury cases, ensuring that your family receives the compassionate representation and fair settlement you deserve.
Contact our law firm today at 210-366-4949 to schedule a free consultation with a New Braunfels personal injury attorney and discuss how our law firm can assist you in seeking justice and the best possible outcome for your family.
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