Austin Birth Injury Attorneys
Top Birth Injury Attorneys in Austin, TX
Was Your Child Injured at Birth by an Austin Doctor or Hospital?
The birth of a child should be a joyous occasion, but unfortunately, it can also be accompanied by complications that lead to birth trauma or injuries.
Childbirth is a complex process involving many medical professionals and variables, and unfortunately, mistakes can happen. In some cases, birth injuries are caused by medical malpractice or negligence, and families may be entitled to compensation through birth injury litigation.
Some common medical errors that lead to birth injuries include:
- Failure to diagnose or treat maternal infections
- Delayed C-sections or delivery
- Improper use of vacuum or forceps to guide the baby through the birth canal
- Failure to monitor fetal distress or oxygen deprivation
- Medication errors or incorrect dosage
- Negligent prenatal care or monitoring
The long-term consequences of these injuries on the child’s development and quality of life can vary depending on the severity and type of injury. Some common types of birth injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, and spinal cord or brain injuries. These injuries can cause physical impairments, developmental delays, cognitive deficits, and other lifelong challenges.
The impact of birth injuries on both the mother and the child’s emotional well-being and finances can also be significant. Families may face ongoing medical care expenses, lost income, and emotional distress.
If your child has suffered a preventable birth injury in Austin, it’s important to understand your legal rights and options. Contact our Austin birth injury attorneys today!
How Do You Know If You Have a Birth Injury Case Under Texas Law?
If you believe that your child has been injured due to medical negligence during childbirth, you may have a birth injury case. In order to prove birth injury claims in Texas, you must establish the following legal elements:
- Duty: The medical team had a duty to provide reasonable care to you and your child during childbirth.
- Breach: The medical professional breached that duty by acting negligently or failing to act in accordance with accepted medical standards.
- Causation: The medical professional’s breach of duty caused your child’s birth injury.
- Damages: Your child suffered damages as a result of the birth injury, such as physical impairments, cognitive deficits, or emotional distress.
Establishing these legal elements can be complex, and it often requires the testimony of expert witnesses to demonstrate negligence and causation. Factors that can strengthen or weaken a birth injury case include the severity and type of the birth injury diagnosis, the strength of the medical evidence, and the credibility of witnesses.
It is important to remember that birth-related medical malpractice involves preventable birth injuries where a doctor fails to follow standard procedures and protocols or negligence. A birth defect or multiple birth defects are typically caused by genetic mutations or other factors and not necessarily negligence. In some cases, birth defect claims may be brought against other parties, like product manufacturers responsible for defective products or unsafe medications that affected your child.
What Should You Do If You Think Your Child Was Injured By a Medical Professional In Austin?
If you believe that your child has been injured by a medical professional during childbirth, it’s important to take the following steps to gather evidence and documentation to support your claim:
- Seek medical attention: If your child suffers a birth injury, it’s essential to seek medical attention immediately to ensure they receive appropriate treatment and care. It’s also important to obtain copies of all medical records related to childbirth and any subsequent treatment.
- Obtain a second opinion: Getting a second medical opinion can help confirm the nature and extent of your child’s injuries, and it can also help identify any potential medical negligence.
- Document everything: Keep a detailed record of all medical appointments, treatments, and expenses related to your child’s birth injury. Take notes of conversations with medical providers and keep any relevant correspondence.
- Contact a birth injury lawyer: Contact a birth injury lawyer today with experience in Texas law to evaluate your case and determine your legal options. Your attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies or healthcare providers.
Choosing the right birth injury lawsuit attorney is critical to the success of your case. Look for an attorney with experience in birth injury litigation, a track record of success, and a deep understanding of Texas laws and regulations. Your attorney should also be empathetic, communicative, and able to provide you with the support and guidance you need during this difficult time.
Common Newborn Injuries That Our Austin Birth Lawyers Handle
There are many different types of birth injuries that can occur during childbirth. Some common newborn injuries that our Austin birth lawyers handle include:
- Cerebral palsy: A group of disorders that affect movement, muscle tone, and posture. Cerebral palsy is often caused by permanent brain damage that occurs during childbirth due to oxygen deprivation or trauma.
- Erb’s palsy: A type of brachial plexus injury that occurs when the nerves in the shoulder and arm are damaged during childbirth. Erb’s palsy can cause weakness, paralysis, or loss of sensation in the affected arm.
- Brachial plexus injuries: Injuries to the network of nerves that control the muscles and sensation in the shoulder, arm, and hand. Brachial plexus palsy injuries can occur when the baby’s shoulder becomes stuck during childbirth.
- Brain injury: Brain damage can occur when medical professionals fail to properly diagnose Group B Streptococcus or provide proper medical care when a fetus is in distress.
- Spinal cord injuries: Severe injuries to the spinal cord can cause paralysis, weakness, or loss of sensation in the affected areas of the body. A spinal cord injury can occur during difficult deliveries or when professionals use excessive force during childbirth.
Each type of birth injury can significantly affect the child’s development and quality of life. In some cases, these injuries may be caused by medical negligence, such as failure to diagnose fetal distress or improper use of delivery instruments. Our Austin birth injury lawyers can help you determine whether medical negligence played a role in your child’s personal injury and pursue compensation on your behalf.
The Prevalence of Birth Injuries in Texas and the Importance of Legal Representation
Birth injuries are unfortunately quite common in Texas. According to a report from the Texas Department of State Health Services, there were 3,869 cases of birth trauma reported in Texas in 2019. This represents a rate of 3.3 per 1,000 live births.
The financial toll of birth injuries on families can be significant. In addition to ongoing medical expenses, families may face lost income, reduced quality of life, and emotional distress. A birth injury attorney can help families seek justice and compensation for these losses, holding medical professionals accountable for their negligence and ensuring that families receive financial compensation and the support they need to move forward.
How Much Will It Cost To Hire A Austin Birth Injury Attorney?
Many families are understandably concerned about the cost of hiring a birth injury attorney. However, many birth injury lawyers work on a contingency fee basis. This means you only pay attorney fees if and when your case is successful. If you receive compensation, your attorney will take a percentage of the award as their fee.
Other potential costs and fees associated with a birth injury lawsuits may include:
- Court fees and filing fees
- Medical experts witness fees
- Medical record retrieval fees
- Travel expenses
Your attorney can provide a detailed breakdown of these costs and fees and help you understand your financial obligations throughout the legal process.
Who Can Be Sued Under Texas Law For My Child’s Birth Injuries?
Under Texas law, several parties may be held liable for a child’s birth injuries. These parties may include:
- Doctors: Obstetricians, gynecologists, and other professionals who were involved in your child’s birth may be held liable if they acted negligently or failed to provide reasonable care.
- Nurses: Labor and delivery nurses may be held liable if they failed to properly monitor your child or detect signs of distress.
- Hospitals: Hospitals may be liable if they failed to provide adequate staffing, training, or equipment to ensure safe delivery.
- Other medical professionals: Anesthesiologists, radiologists, and other medical professionals who were involved in your child’s care may also be held liable if they acted negligently or failed to provide reasonable care.
In some cases, liability may be shared among multiple parties. For example, both the obstetrician and the hospital may be held liable if the obstetrician acted negligently and the hospital failed to provide adequate resources to ensure safe delivery.
What Compensation is Available for an Austin Birth Injury Claim?
If your child has suffered a birth injury due to medical negligence in Austin, you may be entitled to compensation for your losses through legal action. Types of damages that may be available in a birth injury claim include:
- Medical Bills: This includes any past, present, and future medical expenses related to your child’s injury, such as doctor visits, hospitalizations, surgeries, and therapy.
- Lost wages: If you or your spouse had to take time off work to care for your child or attend medical appointments, you may be entitled to compensation for lost wages.
- Pain and suffering: Many birth injuries can cause significant physical and emotional pain and suffering for both the child and the family.
- Loss of enjoyment of life: If your child’s injury has resulted in a loss of quality of life, such as the inability to participate in certain activities, you may be entitled to compensation.
The significance of each type of damage in birth injury cases can vary depending on the specific circumstances of the case. Your birth injury attorney can help you determine which damages are applicable to your case and pursue maximum compensation on your behalf.
How Long Do I Have To File A Birth Injury Claim in Austin, Texas?
It’s important to act quickly if you believe your child has suffered a birth injury due to medical negligence. In Texas, the statute of limitations for a medical malpractice lawsuit is generally two years from the date of the injury. However, there are some exceptions to this rule, such as cases involving minors or delayed discovery of the injury. It’s essential to consult with a birth injury attorney as soon as possible to ensure that you meet all relevant deadlines and preserve your legal rights.
Call Our Austin Child Birth Injury Attorneys Today for Help
At The Hastings Law Firm, our experienced birth injury lawyers and legal team have a proven track record in helping families seek justice and compensation for their losses. We have a deep understanding of Texas medical malpractice laws and regulations, and we work tirelessly to hold medical professionals accountable for their negligence. We understand the emotional and financial toll that birth injuries can take on families, and we are committed to providing compassionate, effective representation throughout the legal process.
Don’t hesitate to contact our Austin birth injury attorneys today for help. We offer a free consultation and will work with you to understand your legal options and pursue maximum compensation for your losses. Contact us today to schedule your consultation.
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We represent clients from all across Texas. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation. Our personal injury attorneys will review the details of your case, make sure you understand your legal rights, and discuss the possibilities of a lawsuit. Call us at the number below or complete the form and a member of our staff will contact you as soon as possible. All consultations are strictly confidential.