Welcoming a child into the world should be a joyous occasion. Sadly, even births that appear to be going well can result in catastrophic injuries if doctors, nurses, or other hospital staff do not take appropriate action to protect the welfare of a child while in the womb or during the first moments of life. Many of these medical malpractice injuries are permanent and may make a child dependent on you for many of life’s activities.
A medical professional that acts negligently in causing or failing to treat a birth injury is liable to provide compensation for all resulting damage. This may include payment for medical treatment, lost quality of life, and lost income in the child’s future. A Houston birth injury lawyer from Roberts Markland LLP could help you pursue a lawsuit that demands the compensation needed to cover these losses. Speak to one of our dedicated attorneys today to get started.
Birthing a child can be a traumatic event for both a mother and the infant. Even if doctors anticipate a relatively uneventful delivery, injuries may still occur that threaten the wellbeing of a child. These can include brain bleeds, cerebral palsy or Erb’s palsy, hypoxia from a lack of oxygen, or breach births that threaten a child’s internal organs.
Proper medical care means identifying any potential risk factors, making contingency plans, and acting swiftly in the event of an emergency. This aims to limit any potential immediate and long-term damage. Sadly, failures in these areas are common.
Doctors take the Hippocratic Oath to help their patients and to do no harm. Despite this, medical malpractice remains a leading cause of death in the U.S. If your loved one has been the victim of a medical mistake or error whether, at the hands of a doctor, nursing home, or hospital, they should be held accountable for their negligence. You might be entitled to compensation to cover your medical costs or the pain and suffering stemming from the medical negligence.
If an injury is the product of a doctor or nurse failing to follow established procedures, this may amount to an instance of medical negligence. A Houston birthing injury attorney could provide more information about this topic and explain the obligations of medical staff to protect newborns.
As examples of medical malpractice claims, all birth injury cases must center around the reports of expert witnesses. These are doctors who can evaluate the actions of defendants and provide their opinions as to how an injury was the result of malpractice. Even starting a medical malpractice case requires working with these experts who can certify that a case has a basis in fact and that there is a reasonable chance that a defendant is liable for an injury. A Houston birth injury attorney is responsible for locating and retaining these essential witnesses on behalf of an injured child.
Another key concept to remember in these cases is the statute of limitations. In short, this is a time limit after an injury within which a child’s parent must file a lawsuit in court. Under Texas Civil Practice & Remedies Code § 74.251, parents have two years from the date of injury or of the discovery of an injury to demand compensation. Talking with a Houston birth injury lawyer now could help parents avoid missing out on the deadline to file.
Birth injuries are serious events that have the potential to permanently impact your child’s future. Brain injuries and damage to other internal organs could leave them dependent on you for the rest of their lives. While not every example of a birth injury is an example of medical malpractice, a doctor’s failure to provide proper care could create legal liability.
A Houston birth injuries lawyer is ready to represent the interests of you and your child. They can provide an initial case evaluation and explain how your situation might constitute malpractice. If your case has merit, they then hire the experts needed to prove your case and pursue the compensation that your child deserves. Reach out to Roberts Markland LLP immediately to begin laying the groundwork for a legal claim.
