After a birth injury, there are many questions that can arise as to how and why the injury occurred. Asking questions is an important part of understanding the situation and ensuring proper care for the infant. It is vital to ask those around you about what happened, such as what signs were observed before the injury and who was present during delivery.
Additionally, it's important to ask health care professionals involved with the labor and delivery how they responded to any potential risk factors and what they did immediately after an injury was noticed or diagnosed. In doing so, parents can be better informed and have peace of mind that all necessary steps have been taken to provide appropriate care for their baby.
How Do I Know If the Doctor or Hospital Is Liable for a Birth Injury?
Knowing if a doctor or hospital is liable for a birth injury can be rather confusing and overwhelming. However, by understanding common causes of birth injuries and childbirth negligence, you can see if the medical care provided was up to standard or posed significant risk to your baby’s health.
In order to determine liability for a birth injury, victims should seek experienced legal counsel who can review all the details of their case. With appropriate medical evidence and information surrounding the incident, an experienced attorney will help you understand your rights and ensure that you are justly compensated for any wrongdoings.
How Long Do I Have to File a Birth Injury Case In Texas?
If your child has suffered a birth injury in Texas, you may have the right to receive compensation. It is important to act quickly, however, as there are time restrictions on filing birth injury cases in this state. Typically, injured parents will have up to two years after their child’s birth to file a suit that seeks damages for a birth injury.
This time limit applies to most types of medical malpractice related to the birthing process, although exceptions do exist if substantial delays took place between the incident and its discovery. Therefore, it is essential for any parents with questions about whether they can still make an injury claim to speak with an experienced lawyer as soon as possible.
Who Files a Birth Injury Case In Texas?
In Texas, parents who have experienced a birth injury due to medical malpractice or negligence can file a civil case against the responsible health care provider(s) or institution(s). Depending on the severity of the injury, parents are typically eligible for damages related to medical costs, physical and psychological therapy services, scarring or disfigurement and other financial losses.
Each case needs to be evaluated by an attorney who will decide whether it is within Texas' statute of limitations before filing as well as properly interpret any applicable laws that could affect the outcome of the claim. A successful birth injury case can ensure that families receive the necessary support they need to cope with and manage the resulting effects.
What Are Actions That Lead to Birth Injuries?
Birth injuries can be caused by negligent actions on the part of healthcare providers. Such negligence may come in many forms, such as failing to recognize and act upon signs of distress in a fetus or newborn, not ordering necessary tests for a high-risk pregnancy, administering medication incorrectly, using improper birthing tools, or missing red flags during an examination.
Other causes include allowing the hospital stay to exceed 18 hours without adequate monitoring and not responding promptly when an emergency delivery is indicated. Although negligence does not always lead to serious harm, it is important that providers act swiftly and correctly whenever there is a risk to the health of the mother or child.
What Compensation Can I Seek After a Birth Injury?
If you or someone close to you has experienced a birth injury, compensation may be available. Depending upon the circumstances, the family of an injured infant may be able to recover money damages for medical bills, lost wages, pain and suffering or wrongful death. It is important to note that this will likely not occur until after an investigation is made into what caused the injury to begin with and who is liable under law.
An experienced medical malpractice lawyer can help a family understand both their legal rights and how much they might receive in damages. A skilled attorney can represent a family throughout this entire process, every step of the way. Additionally, they can also seek a fair settlement from the insurance carriers involved in the case.
Call us at (210) 361-2997 to speak with a member of our team at Maloney Law Group, P.L.L.C.!