Birth Injury Lawyer in Killeen
Helping Families Bear the Burden of Birth Injuries
At Brown, Christie & Green, our birth injury lawyer in Killeen knows how families with an injured newborn struggle with their situation. Many families find themselves under intense financial strain as a result of birth injuries.
The costs of birth injuries include extended hospital stays, medical equipment, and sometimes funeral costs. Consequently, families in the U.S. spend billions of dollars on hospital stays due to birth injuries every year.
When a birth injury is caused by a negligent or careless medical provider, the family may find relief in the form of a birth injury lawsuit.
Families certainly should not face the stress of medical bills while also managing the physical impairments and pain their baby is suffering. If medical bills are distracting you from caring for your injured baby, talk to a birth injury lawyer in Killeen about your options.
Negligence and How it Affects Birth Injury Cases
If a child suffers a birth injury, his or her parents can file a lawsuit against the at-fault party. The at-fault party is normally the doctor who delivered the baby, the labor and delivery nurses, or even the hospital itself. However, to be successful in recovering damages, the case must demonstrate how the at-fault party’s actions were directly responsible for the birth injury.
This causal relationship occurs when the care a medical professional provides falls below the standard of care. You should certainly speak to a birth injury lawyer in Killeen about the standards of care for labor and delivery. If your child’s care does not measure up to accepted standards, you may have a compelling claim.
Examples of Birth Injuries Caused by Negligence
Not every injured newborn’s trauma is the result of negligence. Sometimes complications are due to unforeseeable events. The examples below are some common scenarios in which a medical professional is at fault.
- Improper use of delivery tools – Long and difficult labors can leave a mother too exhausted to deliver the baby without assistance. Doctors and midwives may use delivery tools like forceps and vacuum extractors to ease the baby out in cooperation with the mother’s efforts. When doctors use the tools inappropriately, unnecessarily, or with excessive force, they are liable for the resulting harm to the infant. Such injuries may include bruises, nerve damage, cephalohematoma, brachial plexus injury, or spinal injury.
- Oxygen Deprivation (Hypoxia) – Babies can suffer lack of oxygen when the umbilical cord or placenta are compromised. Similarly, lack of oxygen can occur as a result of the mother contracting an infection. The standards of care include appropriate fetal monitoring and decisive action at the first sign of fetal distress. Hypoxia injuries can be severe, and may include cerebral palsy, paralysis, and even death.
- Delayed C-section – In our technological age, mothers who give birth in a hospital have access to the statistically safest way to give birth – via C-section. A C-section is sometimes medically necessary to prevent birth injury or save the life of the mother or child. Failing to perform a necessary C-section makes a doctor liable for injury or death resulting from inaction. Likewise, doctors can be liable for delaying a c-section to the point of harm.
Consult with a Birth Injury Lawyer in Killeen
If these examples sound familiar, talk to a birth injury lawyer in Killeen today. You may have grounds to file a lawsuit against negligence healthcare providers. Doing so can provide your family with compensation that is certainly helpful for medical expenses and related costs.
Contact Brown, Christie & Green to schedule a free consultation with our birth injury lawyer. Call our office toll free at 800-600-4210, or complete our online form to get started. Above all, our goal is helping you protect your family’s legal rights.
- Brain damage caused by lack of oxygen
- Nerve damage caused by excessive force during delivery
- Brachial plexus injury due to not ordering a c-section
- Cerebral palsy caused by undiagnosed maternal health issues
Healthcare professionals that are negligent and cause injury to innocent victims should be held accountable to the utmost extent.
What Do I Have to Do to Prove a Doctor Was Negligent?
To successfully pursue a birth injury lawsuit and recover compensation, plaintiffs must prove that the doctor who provided care:
- Had a duty of care to the patient (doctor-patient relationship)
- Was negligent in a way that directly caused the injury
- Caused demonstrable and measurable damages
A duty of care and damages are usually fairly easy to demonstrate. Most people who file birth injury claims have an established professional relationship with their doctors. Furthermore, their baby’s medical records will clearly show the injuries, which are the damages.
Proving negligence is the crux of all medical malpractice cases. An experienced birth injury lawyer in Killeen will rely on these methods:
- Review of Medical Records – In most medical settings, every healthcare professional will create a record of their own perspective of every patient’s treatment. The medical records of a birth injury should have notes from the physician, nurses, and any other member of the medical team present. Reviewing the records comprehensively will give a clear picture of exactly what took place and who is at fault.
- Application of the Standard of Care – Once the information about what took place is known, your lawyer will compare what happened to what should have happened. The standard of care is a comparative measure that should guide doctors’ actions in all cases. If most doctors would not have done what your doctor did, the doctor likely has violated the standard of care.
- Seek Expert Advice – Expert physician testimony is key to demonstrating not only what the standard of care is exactly, but also the ways in which your doctor neglected to provide it. An expert physician witness can also weigh in on the causal relationship between your doctor’s actions and the resulting injury.
Get Skilled Legal Representation
One of the best ways that you can prove your case is working with a skilled birth injury lawyer in Killeen. If your baby is suffering from a birth injury, your family deserves the opportunity to hold the at-fault party accountable.
Find out what options you may have by scheduling a free consultation with the birth injury lawyer in Killeen at Brown, Christie & Green.