Severe Injuries Can Occur at Childbirth
Pregnancy and childbirth have inherent risks and can result in complications and injuries to the mother and the child. All injuries suffered during birth are devastating, but some birth injuries are the result of mistakes made by obstetricians, doctors, nurses and other health-care providers. You may have a personal injury law claim for damages for yourself and your child if an obstetrician, doctor, nurse or other health-care provider:
* fails to adequately monitor the mother's or child's condition;
* fails to choose appropriate procedures and treatment;
* fails to adequately diagnose and treat risks and complications;
* fails to consult specialists when necessary; or
* fails to obtain your informed consent prior to medical treatment.
Common Causes of Birth Injuries
Birth injuries reportedly occur in 27 of 1,000 live births. One major cause of birth injuries is oxygen deprivation, which commonly happens when the umbilical cord is compressed or twisted during birth. Another of the common causes of birth injures is trauma that may occur when a baby moves into an unusual position during the birthing process. Common birth injuries include brachial plexus palsy, cerebral palsy, Erb's palsy, Klumpke's palsy, skin irritation, temporary paralysis, brain damage and fractured collar bones.
Obstetricians, doctors and health-care providers have a duty to act as a "reasonably prudent" person would act under similar circumstances, and they commit malpractice when they are negligent in their treatment, or when they have otherwise departed from accepted standards of medical care. If that negligence injures you or your child, you may have a malpractice claim.
When a doctor commits medical malpractice, you can recover damages not only for physical injuries but also for economic damages, such as medical expenses, loss of income, and loss of value of services provided. Other kinds of noneconomic damages may be available, such as money awarded to compensate you or your child for physical or mental pain and suffering, disfigurement, or physical impairment. Of course, the amount of damages varies depending on the severity of the malpractice related injury and on the circumstances of each case.
A qualified personal injury lawyer can determine whether you have a claim for medical malpractice by hiring medical experts, by studying the medical records, and by determining whether your obstetrician, doctor or health-care provider deviated from the applicable standard of care. Act quickly! If your child suffered birth injuries, or you are the victim of malpractice occurring during the birth of a child, you must file your claim in a timely fashion (usually within two years, although it may be longer for your child) or else lose your right to do so, due to the statute of limitations. Because birth injury cases are complex, it is important to submit your case AS SOON AS POSSIBLE to receive the legal advice necessary to protect your rights.
Remember, if you need a personal injury lawyer or a wrongful death lawyer, the lawyers at Dallas law firm Street and Ragsdale are here for you. Contact our lawyers if you'd like free no-obligation assistance with your birth injury case.
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