Oxygen-Related Birth Injuries
Many of the most severe and long-lasting birth injuries involve oxygen deprivation shortly before, during, or shortly after birth. If a child is deprived of oxygen for even a few minutes, it can be catastrophic and cause permanent disabilities like cerebral palsy. Medical providers must always pay close attention to an unborn child’s blood-oxygen levels and react quickly if there are any signs of problems.
Oxygen deprivation during delivery can be caused by:
- Umbilical cord strangulation
- Placental misfunction
- Infection or sepsis
- Unsafe use of Pitocin
How Medical Negligence Causes Birth Injuries
You have the right to expect that any medical care you receive before, during, and after delivering your child will follow the highest medical standards. Doctors, nurses, surgeons, and other medical practitioners who fail to meet those standards can put a newborn at risk of a birth injury. With so many steps and procedures that go into pregnancy care and the delivery of a newborn, there are many ways that a medical provider can fail to provide acceptable medical care.
Birth injuries may be caused by:
- Miscalculating the size of the baby.
- Misinterpreting the positioning of the baby.
- Pulling too forcefully when delivering the baby.
- Delaying a necessary C-section delivery.
- Failing to monitor for signs of fetal distress.
- Misusing vacuum extractors, forceps, or other medical tools.
- Administering the wrong dose of Pitocin or other delivery-related drugs.
- Miscommunicating with other medical professionals during delivery.
- Providing unsafe or unclear instructions to a pregnant patient for in-home care.
- And many other types of preventable mistakes.
Our Lubbock birth injury attorneys know where to look for evidence of medical malpractice that might have contributed to your child’s birth injury. We can analyze medical records, review the hospital’s or doctor’s history of medical errors or delivery complications, talk to third-party experts like obstetricians and pediatricians, and use many other methods to prepare your claim. We are truly passionate about what we do, so we never cut corners or quit early when we’re working on evidence and arguments to strengthen a birth injury claim or lawsuit.
Compensation for a Birth Injury Claim
No amount of money can undo what happened to your child, but it can help you find financial stability in the years ahead. Depending on the birth injury that your child suffered, special care may be needed while raising your child and possibly into your child’s adulthood. The cost of such care can be steep, and filing a birth injury claim might be the only way to pursue the compensation needed to pay for those costs and more.
We insist on fighting for the most compensation possible when working on a client’s birth injury case. Every dollar and penny matters, so we intend to fight for every single one in your name. Whether your case can be settled in negotiations or heads to court for litigation, we will be ready to stand up for you and your child.
Compensation that might be available in a birth injury claim includes:
- Past and future medical costs associated with your child’s delivery and medical care for the birth injury.
- Past and future expenses incurred to provide your child with special care, therapy, education, etc.
- Pain and suffering that you and your child have endured due to the birth injury.
Statute of Limitations on Birth Injury Lawsuits in Texas
Birth injury cases are typically considered a type of medical malpractice case. In Texas, such cases are usually held to a two-year statute of limitations that begins when the injury occurred, or the injury was discovered or reasonably should have been discovered. More specifically, Texas law mandates that the medical expenses of a minor (any person under the age of 18) belong to the minor’s parents, so a birth injury claim to pursue damages related to medical costs must be filed by the child’s parents within two years of discovering the child’s birth injury.
Get Trusted Legal Guidance – Call Today
The process of filing and pursuing a birth injury claim is complicated and can be overwhelming for a parent who is just trying to take care of their child. If you want to explore your legal options, please call (505) 906-6774 to talk to a Lubbock birth injury attorney from James Wood Law about what happened. We would be honored to act as your legal guides during this difficult time. Backed by decades of collective experience and impressive resources as a recognized law firm, we are ready to handle any challenging case and tirelessly pursue justice for you and your child.
Get expert legal advice from Double Board Certified Trial Attorney James Wood. Contact our firm now to learn more.