Parents-to-be expect childbirth to be a wonderful experience that ends with them bringing home a healthy child. Unfortunately, childbirth can be dangerous for both the mother and infant – especially when healthcare providers don’t act responsibly.
If your child suffered a birth injury, you can seek compensation for their medical bills, your lost income, and other related losses. An Austin birth injury attorney with Ben Crump Law, PLLC can champion your legal rights. You don’t have to struggle through this challenging time alone.
You Have a Limited Time to File Your Injury Lawsuit in Texas
Texas imposes a filing deadline on all civil cases, including those involving birth injuries. Your lawsuit’s filing period depends on multiple factors, including when your child was born or when you discovered the impairment.
After evaluating your case, our lawyers can explain how long you have to initiate legal action. In doing so, we can protect your right to seek damages through litigation.
For a free legal consultation with a birth injury lawyer serving Austin, call 800-959-1444
Negligent Medical Care Can Cause Birth Injuries
Parents rely on expert medical care to navigate childbirth. Yet, sometimes healthcare professionals fail to do their jobs properly. Doctors, nurses, and other medical providers who fail to render their field’s accepted standard of care are negligent.
As explained by “Medical Reduction and Prevention,” a successful birth injury case contains these four elements:
- Duty of care: The healthcare provider owed you and your child a duty of care (or an obligation to provide you with the same medical care that another professional would provide in the same situation).
- Breach of duty: Your healthcare provider violated that duty of care by rendering substandard medical care.
- Causation: Medical negligence caused your child’s injuries. In other words, your child would not have sustained injuries were it not for the poor medical care you and your child received.
- Damages: Your child’s injuries can be compensated financially.
Examples of Negligent Care During Childbirth
Many types of negligence during childbirth can lead to birth injuries. Some of the most common types of negligence are:
- Failing to properly monitor the birth
- Delaying a C-section
- Improperly using delivery instruments, such as forceps and vacuum extractors
- Failing to respond to fetal distress or monitor the child’s heartbeat
- Applying too much force during delivery
- Failing to prevent oxygen deprivation
Austin Birth Injury Lawyer Near Me 800-959-1444
Recovering Damages for a Birth Injury in Travis County, Texas
Our Austin birth injury lawyers will pursue financial recovery for:
- Medical care, including the emergency treatment your child received at birth, testing to diagnose the birth injury, prescription medications, surgeries, physical therapy, and other treatments
- Future medical care for anticipated treatments your child will require, including ongoing physical, occupational, and speech therapy, upcoming surgeries, medical equipment, assistance with daily activities, and more
- Lost wages for future lost wages if your child’s injuries will prevent him or her from working
- Pain and suffering that your child experienced because of their injuries
An attorney with Ben Crump Law, PLLC serving Austin will estimate what constitutes a fair settlement by using your medical bills and records, expert medical testimony, and more.
How Our Lawyers Are Ready to Manage Your Birth Injury Case
Taking on a legal battle might be the last thing you want to do as you care for your infant. You may be exhausted from visiting specialists and fighting with the liable insurance provider.
Our team can help you by:
- Investigating your child’s birth injury: We will gather evidence showing that medical negligence caused your child’s injuries. We may collect medical records and toxicology reports, interview eyewitnesses, and seek out expert testimony.
- Substantiate your damages: We will use your medical bills and records, expert testimony, and more to estimate what you’re owed.
- Negotiate a settlement: We will negotiate a settlement that aims to provide fair compensation.
- Sue the at-fault party: If negotiations fail, we will seek damages in court.
- These are just some of the legal services we offer birth injury claimants in Austin. Based on your specific circumstances, we may take on other obligations than those listed here.
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We Support Families Whose Children Have Suffered These Conditions
We’ve advocated for children living with these conditions:
Cerebral palsy is a lifelong disability characterized by being unable to control muscle movement. Per UT Health Neurosciences, cerebral palsy can be caused by brain damage before, during, or after birth, including a traumatic birth that restricts airflow to the brain.
People with cerebral palsy may have difficulty with balance, developmental delays, behavioral and intellectual problems, and other health issues.
Erb’s palsy is characterized by muscle weakness in the arm and shoulder due to a brachial plexus injury. The brachial plexus is a group of five nerves that runs from the spine to the arm to the hand.
According to Cleveland Clinic, traumatic deliveries can cause Erb’s palsy. Many cases will resolve with time, exercise, and physical therapy. In some cases, it’s a lifelong condition.
Merck Manual describes several types of intracranial bleeding (or bleeding in and around the brain) that can be caused by birth injuries:
- Subarachnoid hemorrhage: Bleeding between the two innermost membranes covering the brain
- Subdural hemorrhage: Bleeding between the outer and inner membranes
- Epidural hematoma: Bleeding between the outer covering and the skull
- Intraventricular hemorrhage: Bleeding into spaces in the brain that are normally filled with fluid
- Intraparenchymal hemorrhage: Bleeding into the brain tissue
These injuries may cause seizures, lethargy, and apnea (or periods of no breathing). Don’t worry if you don’t see your child’s birth injury listed above. Regardless of the birth injury your child endured, we can help.
Ben Crump Law, PLLC Is Ready to Manage Your Birth Injury Case
If your child sustained a birth injury because of negligent medical care, you can seek awards for past and future medical expenses, among other losses.