BIRTH INJURIES AND CEREBRAL PALSY LITIGATION

Austin Birth Injury Lawyer

Birth injuries have the potential to affect a mother and her baby for a lifetime. When a child is seriously harmed during the delivery process, parents are entitled to know the precise details and circumstances which caused their newborn’s injury. Unfortunately, doctors and hospital staff do not always provide satisfactory explanations when concerned parents request more information.

Obstetric malpractice may refer to labor and delivery errors such as negligent fetal heart monitoring, mismanagement of Group B strep, fetal distress, and oxygen deprivation. Birth injuries caused by obstetric malpractice include respiratory distress, perinatal asphyxia, perinatal hypoxia, anoxic brain injury, cerebral palsy, shoulder dystocia, hypoxic ischemic encephalopathy, birth-related seizure disorder, fetal brachycardia, fetal acidosis, brachial plexus, cord compression, and forceps injuries.

What Kind of Damages Can be Sought in a Birth Injury Case?

Our attorneys tirelessly pursue justice and monetary compensation on your behalf. You may be wondering what birth injury issues are compensated in the event of successful financial recovery. In a typical birth injury case, compensatory damages may be based on:

  • Medical expenses
  • Costs of special education
  • Ongoing medical care
  • In-home medical services
  • Specialized daily care
  • Assistive or adaptive medical equipment
  • Occupational therapy
  • Speech therapy
  • Behavioral therapy
  • Loss of wages (typically on behalf of a parent who stays home with the child)
  • Pain and suffering
  • Diminished quality of life

It’s also important to note that there really isn’t a “typical” birth injury case. Each family’s situation is unique. Our team wants to get to know how your life and your baby’s life has been affected, and we want to help you identify your baby’s needs as they grow into childhood and then adulthood. These aspects of the injury will inform the case for pursuing compensation.

How Long Does a Birth Injury Case Take to Settle?

Most birth injury cases take a year or longer to reach resolution. These cases can be complex, involving multiple parties like hospitals and medical clinics. There may be a fair amount of investigation involved. Cases that go before a jury may take the longest amount of time.

As attorneys who have been working for families affected by medical malpractice for many years, we know how strongly you want to resolve this matter and move on with your life. Working with experienced attorneys ensures your claim is handled as efficiently as possible. While we cannot promise a certain duration, we do pledge to resolve your case thoroughly. We put all of our resources and network to work to this end.

Who is Liable in a Birth Injury Case?

While this list is not exhaustive, commonly responsible parties include:

  • Doctors
  • OB/GYN personnel 
  • Nurses
  • Hospital administrations
  • Surgeons 

We will know more after meeting with you in a consultation. If our attorneys and your family decide to move forward with a claim, we will begin working immediately to identify the source of malpractice that led to your child’s injury.

What is the Most Common Birth Injury?

According to The Merck Manual, head injury is the most common birth-related injury; however, Merck is addressing birth injuries in general, and not only those caused by medical malpractice. It’s a little more difficult to identify the most common malpractice birth injury. Head and brain injuries tend to be quite common, and many cases involve an injury that leads to cerebral palsy. Having said that, it doesn’t really matter whether your baby’s injury is common or not: If it was caused by medical negligence or error, then you deserve justice and accountability.

How Long Do You Have to Sue for a Birth Injury?

Each state has its own statute of limitations, which sets the amount of time from the injury in which a claim must be filed. After this deadline passes, it is difficult or impossible to file a claim. Call us to ensure you still have time after learning of your child’s birth injury.

Cerebral Palsy Litigation Attorney in Texas

The psychological, emotional, and financial costs for a lifetime of special needs and medical care can be devastating. If your child’s injuries were caused by the negligence of health care professionals, we can help you recover damages to sustain your financial security and stability.

Cerebral Palsy refers to an array of congenital disorders seen in children. Cerebral palsy is associated with a variety of affects, the most common of which involve impaired muscle coordination and motor skills. Symptoms may include seizures, involuntary movement, hearing disabilities, speech impediments, and difficulty concentrating.

Cerebral palsy disorder can be caused by a multitude of factors, including medical errors during or right after a baby’s delivery. A paper published by both the American College of Obstetrics and Gynecologists and the American Academy of Pediatrics explains that, before cerebral palsy can be attributed to a medical error during the labor and delivery process, four criteria must be met. The criteria incorporate lab values, clinical photos, MRI results, and the specific type of cerebral palsy which the child has developed. Once all four criteria are present, it is then necessary to pinpoint a precise event during labor and delivery which caused the cerebral palsy, and, finally, identify care providers who may have deviated from the standard of care and could be held accountable for damages.

Contact a Birth Injury Lawyer Today

There are important deadlines in all medical malpractice cases and you should contact an attorney as soon as you suspect your child’s cerebral palsy may have been caused by medical errors during the labor and delivery process. We have the resources to analyze medical records, interview witnesses and investigate whether mistakes were made in the delivery of your baby.

When medical errors made during the labor and delivery process inflict permanent injury upon an infant, the Houston birth injury attorneys at Shaw Cowart LLP understand the emotional hardships a family must face to support a lifetime of special needs and manage the accompanying medical expenses. While the harm your child has suffered cannot be undone, our Austin cerebral palsy lawyers will help you obtain the financial compensation to improve the quality of life for your child and your family.

If your child suffered from birth injuries or cerebral palsy due to medical negligence, call us today at 512-499-8900 or fill out our free online contact form.

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