Laredo Birth Injury Lawyers

Legal Guidance and Resources for Victims of Medical Malpractice

Bringing a child into this world is an incredible experience.  It can also be an incredibly difficult experience, unfortunately.  Sometimes, labor and delivery are complicated, and the process of delivering your child takes unexpected turns.  In such cases, it is important for doctors to use their training and experience to make the best decisions possible for you and your child.

Unfortunately, sometimes doctors make the wrong decisions or make reckless decisions when stress is high.  Making bad decisions, being reckless, or acting outside of his or her training is dangerous, and may be medical malpractice.  If you or your child were injured due to medical malpractice, contact Brown, Christie & Green to speak with our Laredo birth injury lawyers about your case.

Doctors have a duty to uphold the standards of care.

Doctors are required to uphold the standards of care.  This standard is the degree of care that any reasonable doctor treating the same condition would provide.  If you are considering filing a birth injury lawsuit, you will have to prove that your doctor violated these standards and as a result, you or your child were harmed.  Proving that the standards have been violated often requires the use of expert witnesses who will testify that your doctor’s actions were substandard or negligent.

Medical malpractice is a complex area of law, which is why you need the Laredo birth injury lawyers at Brown, Christie & Green on your side.  We have helped numerous clients get compensation for injuries caused by medical malpractice, including birth injuries.  Our team has the knowledge and resources you need to hold healthcare providers accountable and get the justice you deserve.

Examples of Recklessness or Negligence
  • Failing to adequately assess maternal or fetal health
  • Errors in inducing labor (too soon or delayed)
  • Failing to order a Cesarean when necessary
  • Improper administration of epidural
  • Improper use of forceps or vacuum extractor

With the right legal help, you can get the compensation you need and deserve to move forward.

Florida Couple Awarded $33.8 Million in Medical Malpractice Case

In April 2017, a Florida couple was awarded $33.8 million in a medical malpractice case. A helpful but hollow victory in light of the circumstances.  In one of the most unusual labor and delivery situations anyone can imagine, this case highlights how something as simple as a phone call can cost patients tremendously.

It also highlights the importance of contacting a medical malpractice attorney as soon as negligence is suspected.

Doctor on cellphone during labor

Phone Call Medical Malpractice Case Information

Imagine you are expectant parents, the big day has arrived and you are anxiously awaiting the arrival of your precious new baby.  The pregnancy was smooth, and you are confident that labor and delivery will be equally so.  After all, you trust your doctors to do the right thing for the health of you and your child.

As you navigate through the labor and delivery process, your hope rides on the skill of doctors and nurses attending your family to ensure that all goes well.  Now imagine that as you prepare to deliver your child, the doctor attending you leaves the room unexpectedly for long periods.  He is distracted, and even steps out to make a phone call to his stockbroker while you are in labor.

According to the lawsuit, these are just some of the negligent actions that resulted in a Florida couple’s child being born blue in December 2013.  Not only was he blue, his face and limbs were limp, and a medical team had to revive him.  It is further alleged that the doctor ordered nursing staff to restart Pitocin, a medication that strengthens contractions, and failed to perform a Cesarean section (c-section).

Due to severe oxygen deprivation, the child was born with brain damage that has left him permanently disabled.  He was diagnosed with hypoxic ischemic-encephalopathy and will require lifelong medical and nursing care, future surgeries, and daily medications.

Court records indicated that when the doctor arrived to deliver the baby, a “category 3” fetal heart rate was reported, which indicates oxygen and blood deprivation.  Pitocin was continued for over an hour, which increased contractions and reduced the amount of blood supplied to the baby.  The doctor also reportedly attempted vacuum extraction three times unsuccessfully before the baby was finally delivered after 90 minutes of traumatic labor.  The doctor was not in the room when the baby was born, but returned to cut the umbilical cord five minutes later.

One of the medical experts testifying during the trial stated that the damage likely would not have occurred if a c-section had been ordered sooner into the labor process.  Unfortunately, no amount of monetary compensation can make up for what was taken from this child.  He cannot sit up, speak, eat, or breathe on his own.  He has cerebral palsy and scoliosis, and has been hospitalized around 30 times in his three years of life.

 

Common Frequently Asked Questions

Do I have a medical malpractice claim?

To qualify for a medical malpractice claim, you must prove the following elements in your claim:

  • A doctor-patient relationship was established
  • The provision of care (diagnosis, treatment, or a failure to treat) fell below the medical standards of care
  • There is a clear causal connection between the medical negligence (act or omission) and the harm suffered by the patient
  • The harm is quantified as damages (lost wages, medical expenses, pain and suffering, etc.)

What do I have to do to prove medical negligence occurred?

To prove your medical negligence case, it can be helpful to remember the following:

  • Keep, or obtain, copies of all medical records, including: Diagnoses, treatment, visit summaries, laboratory results, radiology results, etc.
  • Keep copies of any communications between you and your healthcare provider or office staff.
  • Take photographs of your injuries as soon as possible. Document visible changes before or after treatment.
  • Make copies of any communications between you and your insurance companies. Never agree to any settlement without talking to your attorney first.
  • Keep copies of any billing statements, invoices, or payments you have made related to your care.

How do you prevail in a medical malpractice case?

The laws surrounding medical malpractice are quite complex, and it is important to work with a law firm that knows how to handle this complicated area of the law. In order to be successful in a medical malpractice case, it is necessary to prove that the medical provider or facility acted negligently in the treatment provided to the patient. In order to prove that they were negligent, we must show that there was a duty owed to the patient, that the particular duty was breached, that the breach in the standard of care was the proximate cause of the injuries, and that there are damages associated with the negligent act.

How long will it take to obtain a recovery in my case?

There is no set timeframe as the amount of time that it will take to obtain a recovery will vary based upon a number of factors. Please be aware that pursuing a medical malpractice claim takes time and it will not happen overnight.