There’s really nothing that can truly compare to the moment when your child is born. The feeling of true joy and hope for you and your family is difficult to describe. Sadly, for many families, this happy moment is instead painful and sad when their newborn suffers a traumatic injury. Injuries during delivery can lead to some of the most catastrophic medical malpractice cases, and the lives of victims can be permanently changed.
Medical malpractice cases are extremely complex. Injured parties need the help of a Houston medical malpractice attorney to fully understand their rights after suffering due to the negligence of a trusted health care provider.
How Can Medical Malpractice Cause Birth Injuries?
In the past, childbirth was extremely dangerous —for both the mother and the newborn child. While these dangers are still present today, health care professionals now have extensive training, giving them the ability to reduce the chance of risk. However, when a medical provider doesn’t meet the standards of care within the medical community, the chance of injury is still high.
Some of the most prevalent forms of birth injuries include:
- Cerebral palsy
- Trauma to the head or brain of the baby
- Brachial plexus
- Klumpke’s
- Paralysis
- Fracture of the clavicle
- Shoulder dystocia
- Facial paralysis
- Stiff neck
How Can You Determine that Negligence Is Responsible?
Birth injuries can result in life-changing consequences for the baby and their families, but these injuries can potentially be prevented. When officials don’t perform key procedures, such as monitoring, diagnosis, and treatment, injured parties and their families may be able to pursue a negligence case against the at-fault party with the help of a Houston medical malpractice lawyer.
Let’s take a look at some of the most common types of errors that happen during pregnancy or delivery.
Improper Use of Forceps
Forceps may seem like a fairly dangerous tool, but when used by a competent health care professional, they are a safe and effective way to aid a newborn during delivery.
However, a provider who fails to use forceps properly can cause damage to the nerves of the neck or chest, as well as trauma to the head of the child.
Improper Use of Suction Cups
Similar to forceps, obstetric suction cups are sometimes used to help guide the baby through the birth canal. Improper placement of a suction cup can lead to serious injury to the child or the mother.
Hypoxia commonly happens during labor because the newborn’s brain is at risk of receiving too little oxygen. This usually happens because the umbilical cord is entangled or the placenta is damaged.
Health care professionals have the proper tools and training to detect hypoxia events in advance and are required to use their tools efficiently.
Delays in Approving a Cesarean Section
Cesarean section —more commonly known as C-Section— emergency operations are fairly common. However, there are some situations, like sudden drops in blood pressure or detachments of the placenta, which require this protocol as standard.
When ordering an emergency C-Section is delayed, it can potentially result in severe injury to the mother and newborn.
Other Possible Mistakes
- Not responding properly to blood loss
- Not responding to entrapment with the umbilical cord
- Not reacting to fetal distress, like irregular heartbeats
- Not anticipating potential health complications of the mother or newborn, especially when there are previously known risk factors
- Incorrect dosage of medications
- Not acting quickly when the bag breaks
Your child may require medical attention and other services for their entire left depending on the type of injury. These costs can become astronomical. Your family deserves full and fair compensation in order to provide your child with the quality of life he or she deserves after suffering from a birth injury.
Legal Rights for Birth Injury Victims
Texas law establishes that medical malpractice victims have a time span of two years to file a lawsuit against the provider responsible for medical malpractice, but there are exceptions providing additional time for victims under the age of twelve —including newborns. Under Texas law, the law states that minors under the age of 12 have until their fourteenth birthday to pursue a claim, but there is another law establishing that plaintiffs can’t wait longer than ten years from the date of the accident under certain circumstances.
Considering that different time period limitations may apply to your case, it’s important that you reach out to a qualified medical malpractice attorney in Houston as soon as you can. Constructing a strong case against a health care provider is far from easy.
You’ll have to conduct extensive research on the causes of your child’s injury, and our Houston-area law firm may need to hire experts to determine what effects the injury has had on your child’s future. The sooner we can start working on your case, the better.
If your child has been unfairly injured due to medical malpractice, West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to help. We have some of the best medical malpractice lawyers in Houston, with the experience, resources, and dedication needed to handle these complex cases. We will fight diligently to help families hold negligent medical providers responsible. It’s our goal to get you and yoru family the compensation you deserve to move on with your lives after suffering unfairly at the hands of a medical professional.
Medical Malpractice Lawyers Near Me
When we go to a hospital, we expect that our health care providers will be able to treat our condition and help us get well again. Sadly, many people are unfairly injured in the pursuit of better health. Medical negligence is responsible for nearly 120,000 deaths each year.
Medical malpractice is something most of us just see on TV and in the news. However, medical malpractice has risen to become the third leading cause of death in the United States, behind only cancer and heart disease. Those who are injured due to the negligence of a medical professional need to consult with a Houston birth injury lawyer to discuss their legal options. West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to help you recover. Doctors and medical facilities have a team of lawyers that are meant to intimidate victims of medical malpractice, discouraging them from pursuing their rightful compensation. We will go up against their legal teams and fight for your legal rights. Give us a call today at 713-840-7200 to see what we can do for you.
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