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Birth injuries can include a range of serious conditions and disorders. Many of these issues are discounted as “birth defects” or other problems that were unavoidable when in reality they are often caused by negligent doctors who accidentally injure babies during the delivery. If your child was born with certain birth injuries, you may be entitled to file a lawsuit to cover the cost of their continuing medical care, pain and suffering, and future complications.
For a free legal consultation on your case, call the Arlington, TX birth injury lawyers at The Queenan Law Firm today. Our attorneys file lawsuits and fight for victims of medical malpractice against doctors, hospitals, and malpractice insurance companies to work to get their costs and expenses covered. For a free legal consultation on your case, call us today at (817) 476-1797.
Common Examples of Birth Injuries
The term “birth injury” is usually used to broadly refer to any injuries sustained while the baby was in the womb, while the baby was being delivered, or in the immediate hours and days after the delivery. While the mother might suffer birth injuries, too, these cases are usually handled under a separate cause of action from the baby’s birth injuries, though they can be joined in the same lawsuit. It is not immediately obvious that some birth complications were caused by injuries, such as neurological problems and mental health issues for newborns, but if they can be traced back to an injury, they would qualify as birth injuries and might justify a lawsuit against the negligent doctor.
Some of the most obvious birth injuries are ones caused by trauma. Dropping a baby or pressing too hard with forceps during a delivery can cause visible injuries like bruising, red marks, or more serious trauma. Brain injuries, skull fractures, and nerve damage can result from many of these injuries, causing potentially long-term conditions and permanent disabilities.
Some nerve injuries cause visible disabilities or symptoms, such as a bent arm, difficulty walking, partial paralysis, facial paralysis, or other issues. Some of these injuries are caused by damage to a nerve, often caused by forceps or injuries caused by undue pressure on a nerve group acquired during a difficult delivery. Other nerve issues are caused by low oxygen or other issues that result in brain injuries that might be more difficult to detect.
Cerebral palsy is an especially common result of brain injuries during childbirth. This condition affects development and often gets worse over time, potentially setting up a baby to have serious medical complications throughout the rest of their life. This can affect motor control skills, speech, and the ability to take care of oneself.
Damages for Birth Injuries in Arlington, Texas
If your child suffered serious birth injuries or complications that resulted in health problems, they may need additional treatment. Sometimes, quick thinking and immediate treatment can help reverse some of the effects of the injury or condition. Physical and occupational therapy can also help alleviate symptoms and perhaps restore lost function. However, this care can be expensive. The first piece of damages in most medical malpractice cases dealing with birth injuries will be coverage for the full value of this medical care and any ongoing or future care related to the injury. This should also include the cost of medical devices like wheelchairs and crutches and the cost of home care or other necessary treatment.
Some birth injuries cause long-lasting conditions that might affect your child’s future. If their disability or condition causes lost wages or reduced earning capacity in the future, you can typically sue for these costs as well.
Lastly, most cases of injury involve some level of physical or mental anguish from the pain and suffering related to the injury. You can claim damages for these intangible harms, getting your baby and your family compensation for the cost of their emotional distress now and into the future. This can be difficult outside of a lawsuit, as insurance companies usually disregard these damages. Talk to a lawyer about claiming these damages and other costs related to your child’s birth injury case.
Proving a Birth Injury Claim in Arlington, Texas
Before you can get compensation for your baby’s birth injuries, you must prove that the doctor, the nursing staff, the hospital, or other medical professionals were responsible for the baby’s injuries. Childbirth can be dangerous, and some injuries and complications are to be expected. Some unavoidable pain and discomfort cannot lead to a lawsuit, but anything outside the realm of reasonable medical care should be condemned and may allow a court to order the responsible parties to pay you financial compensation.
To prove that the doctor or another party was responsible for the injuries, you must prove that the care they provided fell below the standard of care that is to be expected in the case at hand. That usually means using a medical expert to testify to the jury as to what your doctor did wrong and what they reasonably should have done differently. Often, doctors fail to order emergency C-sections, they turn to using forceps unnecessarily, or they commit errors and mistakes in how they handle the baby.
A lawyer can help build a case and present it to the judge and jury to fight to get you the compensation you and your family deserve for the injuries your child faced.
Call Our Arlington, TX Birth Injury Attorneys for a Free Consultation
If your child suffered a birth injury or complication caused by their doctor’s negligent care, you may be entitled to sue them for financial compensation. For help getting damages for your child’s medical care, future costs, and pain and suffering, call The Queenan Law Firm today. Our Arlington birth injury attorneys represent families and parents of injured newborns and work to get them the compensation they need. Call us today at (817) 476-1797 to set up a free legal consultation.