C-Section Error Attorneys in San Antonio

Aggressive Representation for the Victims of C-Section Errors in Texas

About one-third of all births are completed with a cesarean section. Failing to order a C-section during a particularly traumatic labor or after noting fetal distress can endanger both the mother and the baby. While C-sections are common, complications can arise. The procedure involves cutting through a mother's abdomen and uterine wall to extract the baby.

If you or your baby have suffered because of medical negligence, you can count on Maloney Law Group, P.L.L.C., to provide aggressive advocacy. We fight for better healthcare at a higher standard in San Antonio. As a boutique firm, you will speak directly with an attorney about your case. Medical malpractice is the focus of our practice.

On This Page

• Risks of a C-Section
• Failing to Perform a C-Section
• Legal Rights of Parents After Birth Injuries
• Importance of Timely Action in Birth Injury Claims
• Frequently Asked Questions
• Representation from a Board-Certified Team

Risks of a C-Section

While C-sections can be medically necessary, they come with significant risks. The procedure must be done with extreme caution. Like any major surgery, there is the possibility of organ damage or excessive bleeding.

Beyond immediate surgical risks, there are potential long-term concerns for mothers who have undergone C-sections. Mothers may experience adhesion of internal organs, which can lead to chronic pain or fertility issues. There is also evidence suggesting that C-section deliveries can impact future pregnancies, increasing the risk of placental issues or uterine rupture in subsequent labors. Understanding these risks is crucial for both patients and healthcare providers to ensure that C-sections are only performed when absolutely necessary and conducted with the highest standard of care.

Other risks include:

Even the baby is at risk of lacerations during the extraction. Ultimately, doctors must do everything within their power to meet a high standard of care and do what is best for the patient and infant.

Failing to Perform a C-Section

If your baby is in fetal distress (tangled in the umbilical cord, irregular heartbeat, changing blood pressure) your doctor may order a C-section. Without medical intervention, the baby could suffer damage to the brain or central nervous system.

Preeclampsia, placenta previa, and placental abruption are all serious conditions that require an emergency C-section. Each of these afflictions can put both mom and baby in danger. Doctors may also choose to order a C-section if the mother is having twins or if the baby is breech (not facing the proper way to move through the birth canal).

There are various indicators that may highlight the need for a C-section. Expectant parents should be aware that prolonged labor without progression, maternal health concerns such as gestational diabetes, or stalled delivery due to a too-large baby can also necessitate surgical intervention. Effective and timely decision-making by medical professionals is crucial. When signs of fetal distress are present, any delays in performing a C-section can exacerbate the complications, leading to more severe outcomes. Hence, healthcare providers must maintain vigilance and respond promptly to indicators that surgery may be the safest option.

Legal Rights of Parents After Birth Injuries

Parents in San Antonio experiencing birth injuries have legal rights that allow them to seek compensation and justice for the harm caused. When a birth injury occurs due to a healthcare provider's negligence or failure to act timely, families may face both emotional and financial challenges. Under Texas law, parents can file a birth injury claim to seek damages for medical expenses, long-term care needs, emotional distress, and more. Understanding these rights is essential, and seeking legal guidance can significantly affect the outcome.

At Maloney Law Group, P.L.L.C., we assist families in navigating the complex legal landscape surrounding birth injuries. Our firm is committed to holding medical providers accountable and ensuring that affected families receive the compensation necessary to cover ongoing care requirements and other related expenses. We advocate for our clients because we care deeply about patient safety and professional accountability. Our focus is on providing comprehensive representation from start to finish, so our clients can focus on healing.

Importance of Timely Action in Birth Injury Claims

Acting swiftly in the aftermath of a birth injury is crucial. In Texas, there are strict statutes of limitations that govern how long you have to file a birth injury claim. Generally, parents have two years from the date of the injury to initiate legal proceedings. However, certain conditions and exceptions may apply, particularly when the consequences of the injury become apparent later.

Failing to file within this window may prevent you from seeking justice and obtaining compensation for damages incurred. At Maloney Law Group, P.L.L.C., we emphasize the importance of early consultation to ensure that all legal options remain open to you. Our team provides timely advice and support, offering a clear path forward despite complex emotional and legal challenges. Addressing these issues early allows us to preserve crucial evidence, interview witnesses, and build a robust legal strategy tailored to your family's unique situation.

Frequently Asked Questions

What Should I Do If I Suspect a Birth Injury?

If you suspect a birth injury, it's essential to keep detailed records of medical treatments, symptoms observed, and communications with healthcare providers. This documentation can be invaluable if you decide to pursue a legal claim. Additionally, seeking a second opinion from another medical professional may provide clarity and further evidence of any malpractice or negligence. Contacting a knowledgeable birth injury attorney can provide guidance tailored to your situation and help determine the next steps. At Maloney Law Group, P.L.L.C., we offer free initial consultations to discuss your concerns and explore your options without any obligation.

Can I Sue for a Birth Injury Caused During a Home Birth?

Yes, you can pursue a claim for birth injuries resulting from a home birth, provided there was negligence or inadequate caution on the part of the attending healthcare professionals. While home births are becoming more common, they carry risks if not overseen by competent and well-prepared medical personnel. Cases involving home births may involve different legal elements, depending on who attended the birth—a licensed midwife or certified nurse-midwife—and the specific circumstances. Consulting with a legal professional helps assess the viability of a claim. Our team understands the unique aspects of home birth claims and can offer insights on how to proceed.

How Does Texas Law Protect Victims of Birth Injuries?

Texas law provides several mechanisms to protect victims of birth injuries, including the ability to file a malpractice claim against negligent parties such as hospitals or healthcare professionals. The state caps on non-economic damages and the stipulations for legal filings within a specific time frame emphasize the need for timely and strategic legal action. Texas prioritizes patient rights, ensuring that healthcare standards are upheld and that those injured receive compensation for economic, emotional, and other impacts. Our attorneys work diligently to navigate these legal frameworks, advocating for victims to secure the justice they deserve.

What Compensation Can Be Awarded in Birth Injury Cases?

Compensation in birth injury cases often covers a range of damages, including, but not limited to, medical expenses, therapy costs, long-term care, and pain and suffering. It may also account for lost wages for parents who need to become caregivers, as well as additional expenses to adapt living environments for ongoing care. The exact value of a birth injury claim varies significantly based on specifics like the severity of the injury and its impact on quality of life, making it essential to consult with an attorney to fully understand potential outcomes. At Maloney Law Group, P.L.L.C., we strive to achieve comprehensive settlements that address both immediate and future needs derived from birth injuries.

Get Representation from a Board-Certified Team

Here at Maloney Law Group, P.L.L.C., we offer personalized attention and compassionate representation to our clients. After more than 30 years of legal service in San Antonio, we truly care about this community. We will take the time to thoroughly research your case and bring in medical professionals to assist with the investigation. Whether we are able to settle outside of court or have to go to trial, our San Antonio birth injury attorneys are ready to fight for you.

Our team comprises seasoned lawyers with a deep understanding of birth injury law and the challenges faced by affected families. We employ a strategic approach to every legal matter, tailoring our tactics to fit the unique circumstances at hand. Our commitment extends beyond providing legal services; we strive to empower clients with the information and support they need to make informed decisions. Our attorneys remain up-to-date with evolving medical malpractice laws and collaborate with leading experts to ensure that each case is built on a solid foundation. As members of the San Antonio community, we are dedicated to improving healthcare standards while securing the support and compensation our clients deserve.