What Causes Birth Injuries?
Giving birth to a child is the happiest day of many parents’ lives. For an unlucky few, it is a day marked by loss and sorrow resulting from a medical professional’s error or negligence. If your child has suffered harm as a result of a birth injury, you may be entitled to compensation.
At every step of the delivery process, there are potential hazards that can lead to injury or death. With so many parties responsible for helping bring a child into the world, it is hard to know which one caused your injuries – and hard to know who should pay for your mistakes.
The maternal-fetal medicine sector is one of the riskiest medical fields in which to operate. This industry includes doctors, nurses, lab technicians, embryologists, and even administrative staff who are responsible for ensuring that procedures are followed correctly to avoid causing miscarriage or other harm during delivery. With so many people tasked with caring for a woman’s reproductive system, it is easy to see how a patient could suffer harm as a result of a doctor’s, nurse’s, or embryologist’s error.
When a woman gives birth, there are a lot of players involved and it takes extensive training to understand all the ins and outs of delivering a child. This complexity makes it difficult for patients to prove that their doctor or nurse made a mistake. An experienced Houston Personal injury attorney can review your case and determine if you have a legal claim.
Medical Malpractice Basics
Birth injuries are a type of medical malpractice claim. Medical malpractice can occur when a physician, a surgeon, or other health care provider, fails to provide the standard of medical care that is recognized as acceptable in their community. Medical malpractice may result from poorly informed consent by a patient concerning proposed treatment, negligence during surgery, or professional misconduct such as fraud.
To prove medical malpractice, which is categorized as a subset of personal injury claims, a victim must show that a health care provider’s actions fell below the accepted standard of medical care in their community and that this failure directly caused an injury to the patient. In most states, a successful medical malpractice claim requires expert testimony, which means it must be shown by a qualified medical professional in this field.
The standard of care is the degree to which other physicians in that same community would agree that the medical care offered by the health professional met ordinary expectations. Medical malpractice cases, like any personal injury case, are usually settled out-of-court for two main reasons: One is because there can be differing opinions as to whether or not a medical mistake was made, and two is the expensive cost of the litigation process.
The most common reason for a claim of medical malpractice is the failure to diagnose. The next most common reasons for claims are surgical errors (including anesthesia) and incorrect or delayed treatment. Diagnoses of medical conditions that were missed differ depending on the underlying condition; however, second opinions after initial misdiagnosis can confirm substandard or negligent care.
Common Birth Injuries
It is not uncommon for medical professionals to make mistakes that can cause devastating injuries or death. For example, sometimes doctors fail to timely diagnose the presence of an infection in the uterus that could drastically affect both mother and child during delivery. If this happens, both mother and baby may suffer harm.
In other cases, a doctor may take too long to determine whether the umbilical cord is wrapped around a baby’s neck and injure or kill him in the process. If your child was injured during birth because of negligence on the part of medical staff, an experienced Houston birth injury attorney can help you file a claim against any parties who caused your injuries.
If your child dies as a result of medical negligence or error, you and your partner may be entitled to compensation for the loss of companionship and support. Although it is difficult to put a price tag on such an immeasurable loss, a Texas birth injury lawyer can help you determine if filing a wrongful death claim is right for your family.
Many medical facilities have strict rules in place to ensure the safety of their staff and patients, but health care workers can make mistakes anyway. At times, this is due to a failure to properly follow established protocols and procedures – which may open up a legal claim. To find out if you can pursue restitution after suffering harm as a result of a birth mistake, call a birth injury lawyer Texas trusts today.
How A Houston Birth Injury Lawyer Can Help You?
If you suspect that your child sustained injuries during delivery due to medical negligence or error, it is important to contact a law firm that can help you determine if you have a legal claim. Although pursuing restitution can be complex and challenging, an experienced attorney will guide you every step of the way to help you get the compensation you need and deserve.
If your child was injured during birth, an experienced Houston Birth injury attorney can help you determine whether a medical professional made a mistake that could have been prevented. By contacting an injury lawyer right away, you will be able to preserve evidence critical to proving negligence or error.