El Paso Birth Injury Lawyers

Legal Guidance for Families Affected by Birth Injuries

The birth of a child is a time of joy and celebration.  If you or your child are injured during childbirth, however, the celebration can quickly turn into a nightmare.  After a birth injury, you and your family may be feeling the gamut of emotions.  Fortunately, you are not alone.

At Brown, Christie & Green, our El Paso birth injury lawyers will work together with you to sort through the details of your birth injury situation.  Our lawyers will help you find the best options to pursue the justice and compensation that your family deserves.

Birth injuries are heartbreaking, and families deserve justice.

If you or your child were injured during birth, of course you want answers.  Why did this happen?  Who is responsible?  What can I do to protect my family?  These are just a few of the questions commonly asked after a birth injury occurs.  Getting answers can be complicated, and often, healthcare providers and hospitals will argue that they did nothing wrong.

At Brown, Christie & Green, our goal is to get the truth, to get answers for our clients, and to get clients the compensation they deserve.  Most often, birth injuries are the result of healthcare provider negligence and could have been prevented had the standards of care been adhered to.  Filing a birth injury lawsuit may be the best option for your family to defend your legal rights, hold responsible parties accountable, and get the justice you deserve.

Contact the El Paso birth injury lawyers at Brown, Christie & Green to learn more and schedule your free consultation.

Common Causes of Birth Injuries
  • Undiagnosed or untreated maternal infections
  • Failure to monitor maternal or fetal vital signs
  • Failure to diagnose or treat complications
  • Delay in ordering a c-section
  • Improper use of forceps or vacuums

Brown, Christie & Green fights for the truth, justice, and the rights of our clients.

What is a Medical Negligence Claim?

When a doctor, nurse, or other healthcare provider makes a mistake, it is only natural that you are upset and want answers.  One of the most common questions following any medical mistake is “what is a medical negligence claim?”  While most medical errors cause distress and raise concerns, not all of them are considered an act of negligence or malpractice.

So what is a medical negligence claim, and how does it factors into medical malpractice lawsuits.  Learn what you can do to find answers and ensure your legal rights are upheld.

The term medical negligence refers to one of the most important aspects of a medical malpractice lawsuit – the breach of medical standards of care.  Sometimes, medical malpractice and negligence are used interchangeably, but medical negligence can be viewed more specifically.  Some of the most common examples of medical negligence include:

  • Diagnostic errors or misdiagnosis
  • Delayed diagnosis or treatment
  • Improper administration of treatment
  • Administering the wrong treatment
  • Surgical errors
  • Medication errors (prescribing the wrong drug or dose, failure to review allergies, etc.)
  • Birth Injuries

In sum, medical negligence are errors that most often could be avoided with proper attention, skill, training, communication, or attention to the details of the patient’s case.

medical negligence. medical malpractice resources, What is a medical negligence claim

Understanding Medical Negligence Claims

Determining whether a medical error is an honest mistake or malpractice often hinges on proving medical negligence.  To do so, the patient/victim must do the following:

  • Establish the appropriate standard of care that would apply to the patient’s diagnosis and treatment.  This is done via expert witness testimony and is based on what a reasonably prudent healthcare provider would or should respond in a similar circumstance.
  • Show in detail how the healthcare provider fell below the medical standards.  Again, this is most often accomplished with the help of expert witnesses.

If, upon extensive and detailed review, it is determined that the healthcare provider acted within his or her duty of care and did not fall short of the medical standards of care, then you may not have a claim of medical negligence.   However, if this review proves that the healthcare provider did breach his or her duty of care, and fell short of the medical standards, then you may be able to pursue damages under a medical negligence or malpractice claim.

Common Frequently Asked Questions

What does “standard of care” mean?

Simply put, the standard of care is the type of skill and care ordinarily used by a reasonably well-qualified healthcare professional in the same or similar situation. While state law typically determines how negligence is defined, the medical community defines the applicable standard of care. Healthcare professionals are expected to possess and apply their education, training, knowledge, experience, and skill in a manner that would generally be expected by other healthcare professionals in their field and community.

What should I do if I believe that I have been the victim of medical negligence?

Contact Brown, Christie & Green today for a free and confidential consultation with one of our trained staff.

What are the most common types of birth injuries?

Common types of birth injuries include:

Cerebral palsy, hypoxic ischemic encephalopathy (HIE), brachial plexus injury, Erb’s palsy, skull injuries, nerve damage, internal organ damage, cephalohematoma, Caput Succedaneum, brain bleed or hemorrhaging, spinal cord injuries, facial paralysis, and more.

What kinds of situations lead to a birth injury lawsuit?

If a physician or other medical professional fails to adequately assess or respond to conditions during pregnancy or the labor and delivery process that lead to complications, they may be liable for medical negligence.