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If a negligent physician injured you or a loved one, our dedicated birth injury lawyers can help. Thanks to our experience, knowledge, and skill, we can aggressively and strategically pursue the compensation you deserve. We are not afraid to fight against doctors, hospitals, or insurance companies on your behalf.
Turn to our dedicated Texas birth injury lawyers for effective legal representation. To set up a free, confidential consultation with one of our knowledgeable medical malpractice attorneys, call The Queenan Law Firm, P.C., today at (817) 476-1797.
Causes of Skull Fractures and Trauma During Childbirth
It is an unfortunate fact that every year hundreds of children suffer skull and brain trauma during childbirth in the U.S. Humans develop their skull early in their life, but this critical part of the head doesn’t fully harden until later in a person’s development. When babies are born, they are fragile, weak, and prone to trauma if not treated carefully. However, not everyone offers the same level of care, which often leads to otherwise preventable injuries. Doctors are expected to display the utmost caution and professionalism during a delivery. The role of a doctor is critical during birth because of the child’s delicate state.
If a doctor does not show the expected level of skill, knowledge, and experience, injuries will soon follow. Medical malpractice is responsible for thousands of injuries and deaths across the nation every year. Unfortunately, OB/GYNs and other practitioners are not exempt from this harsh reality. Medical malpractice occurs when a medical professional deviates from the standard or duty of care set forth by their profession.
One of the most common causes of brain and skull injuries during childbirth is the improper use of forceps. Forceps or obstetrical forceps are a metallic instrument used during childbirth. The doctor uses this tong-shaped device to grab the baby’s head and make delivery easier. However, the use of forceps requires extreme care, skill, and precision. The improper use of forceps can cause severe trauma to a baby’s head. Unfortunately, errors in the use of forceps have been one of the leading causes of brain and head trauma among infants during childbirth.
Most of the time, the baby’s head is the first part to emerge during childbirth; therefore, it is natural for doctors to hold on to the baby’s head to make the process easier. In many instances, the use of forceps may cause some minor bruising or marks on the baby’s head, which may not be threatening or severe. However, when undue pressure is used on a baby’s head during childbirth, there can be irreversible, lasting damage.
Holding a Doctor Liable for Skull and Brain Injuries During Childbirth
If your child was injured due to the negligent actions of a careless doctor, you may wonder if you can hold him or her liable. While hospitals can impose sanctions and other disciplinary measures against negligent doctors, this may not be enough to make up for the harm they inflicted upon your child. You may hold negligent healthcare providers liable by filing a medical malpractice lawsuit. This type of claim is specifically designed to handle cases where doctors and other healthcare providers did not meet their expected level of care.
Filing a medical malpractice claim can be challenging, especially if you have never been involved in this type of legal issue. To be successful in a medical malpractice claim, you need to prove several elements. For instance, the first thing you need to establish is the existence of a doctor-patient relationship. In other words, you need to prove that your doctor had a duty to take proper care of your health before, during, and after childbirth.
Next, you will need to show that your doctor was negligent. Negligence can be established by showing that your doctor did not act in the way that another prudent, reasonable doctor would have under similar circumstances. Additionally, you will need to show that your doctor’s negligence caused the injury and led to specific damages. Once you have proven these elements with the court, you can obtain compensation for your losses.
How Much Compensation to Expect from a Medical Malpractice Claim
Compensation in medical malpractice cases can vary, and the amount you can expect to obtain may change. No medical malpractice case is the same, and the final determination of compensation will mostly depend on the specific circumstances surrounding your case. Our skilled personal injury attorneys can help you with your medical malpractice claim.
Birth Injury Attorney Handling Medical Malpractice Claims in Houston, TX
If you or a loved one’s newborn was injured by a negligent healthcare provider, we can help. With decades of hands-on experience, our Houston birth injury attorneys can hold the liable parties accountable for your losses. Thanks to our dedication, skill, and firsthand knowledge, we are able to provide you with high-quality legal representation. To set up a free, confidential consultation, call The Queenan Law Firm, P.C., today at (817) 476-1797.