Birth Injury Lawyer in Garland
Get the Legal Guidance Your Family Needs after a Birth Injury
Medical negligence is a terrifying reality, and there is no aspect of negligence more alarming than that of birth injuries. Birth injuries impact the most vulnerable and innocent of patients, and consequently, their entire families. At Brown, Christie & Green, our birth injury lawyer in Garland is dedicated to helping families protect their legal rights.
Understanding Birth Injuries
Birth injuries are usually caused by either physical trauma or oxygen deprivation. The distinction between the two categories is important for understanding how a birth injury will impact the future development of the child.
No matter the cause, the sad reality is that most birth injuries happen because of the actions of medical professionals. The doctors and nurses who work in labor and delivery departments have extensive training on how to keep mother and baby safe. Sadly, sometimes they fail in their duty of care, and the newborn baby pays the price.
Most mothers give birth in hospitals specifically because of the risk of complications. If a complication arises, a skilled medical team can minimize the risks and ensure safety. It is unthinkable that the medical professionals we trust to deliver a healthy baby might instead cause a birth injury from mishandling a complication.
If this is your baby’s story, a birth injury lawyer in Garland can help.
What is the Difference between Birth Injuries and Birth Defects?
The main difference between these two easily confused terms is the question of fault. Birth defects are unfortunate abnormalities that happen when no one is at fault. Birth injuries, however, arise from the negligent actions of medical professionals.
Cerebral palsy is a good example. Some cases of cerebral palsy are the result of complications of pregnancy that could not be foreseen or prevented. Other cases, however, occur because of negligence. For example, a child born with cerebral palsy because a nurse failed to appropriately monitor fetal vital signs and alert the doctor of changes. This would certainly be negligence.
How Negligence is Determined
This is where the advice of a birth injury lawyer in Garland is critical. The question of medical liability is a complicated one that should receive the attention of an experienced lawyer. At Brown, Christie & Green, we have the skills and resources you need to prove liability. Our birth injury lawyer in Garland will conduct a thorough investigation into your situation to determine if medical negligence is to blame.
In birth injury cases, the issue of liability must be viewed through the lens of the standard of care. When doctors and nurses fail to provide the standard of care to a mother and her child, they make themselves liable for any harm suffered.
Consult with a Birth Injury Lawyer in Garland
If a traumatic birth or mishandled birth left your baby injured and suffering, contact Brown, Christie & Green to schedule a free consultation. You have a limited amount of time to file a birth injury claim, so take action right away.
Contact our birth injury lawyer in Garland by calling toll free at 800-600-4210, or by completing our online contact form.
- Oxygen deprivation caused by improper monitoring of vital signs
- Nerve or tissue damage from forceps or vacuum
- Fractures or breaks caused by trauma
- Brachial plexus injury
- Umbilical cord injuries
Birth injuries should never happen. Our hospitals and healthcare professionals have the tools and guidelines needed to keep patients safe.
Are There Deadlines for Filing a Lawsuit?
At Brown, Christie & Green, our birth injury lawyer in Garland consistently urges parents to seek legal advice as soon as possible after a birth injury. That is because there are very strict deadlines for filing lawsuits. These deadlines are called statutes of limitations, and they vary by state and by type of case.
The Statute of Limitations for Birth Injuries
Birth injury cases are a type of medical malpractice. Generally speaking, medical malpractice claims in Texas must be filed within two years from the date of treatment. However, birth injury claims are injuries to a minor child, which has slightly different rules. For a minor to bring a suit on his or her own behalf, the statute of limitations to file a birth injury claim is two years from the date of their 18th birthday.
In the event a birth injury takes the life of a child, the statute of limitations for wrongful death matters would apply instead of that for medical malpractice. Instead of counting from the date of treatment, wrongful death cases must be filed within two years of the date of death.
Parents Suing on their Children’s Behalf
Though it is possible for a child with a birth injury to file his or her own lawsuit long after the date of the original injury, many parents choose to file suit closer to the date of injury. This can be a wise choice for a family struggling with the financial burdens that often accompany care for birth injuries. Parents who file on their children’s behalf should keep in mind:
- They must file their case within two years of the date of injury.
- If the injury was not diagnosed immediately, the statute of limitations is two years from the date the injury was made apparent.
This is another excellent reason to seek legal advice immediately after a traumatic birth and suspected birth injury.
Don’t Delay Scheduling a Free Consultation
If you suspect that your child has suffered a birth injury, contact Brown, Christie & Green right away. Our birth injury lawyer in Garland will consult on your situation at no cost to you. There is no risk to get started, but the consequences of waiting too long are certainly dire and permanent.
Schedule your free consultation by calling 800-600-4210, or complete our online form.