Dallas Birth Injury Lawyer

As a victim of a birth injury due to negligence in Dallas, you may be struggling to understand your legal options and whether you have grounds to pursue compensation. The good news is Texas law allows victims to recover damages in these tragic cases. However, the legal process can be complex, and time is of the essence. It is critical that you understand your rights and take swift action.

Doctors, nurses, and hospitals have a duty of care to mothers and newborns during delivery and in the critical hours after birth. When that duty of care is breached due to negligence, victims deserve compensation for a lifetime of medical expenses, loss of work, and pain and suffering.

What Constitutes Birth Injury Negligence in Dallas?

If you or your loved one has suffered injury during childbirth in Dallas due to negligence, you may be entitled to compensation. To build a birth injury negligence case, you must prove certain elements.

Negligent Acts or Omissions

The health care providers involved in the delivery must have failed to meet the standard of care. This could include failing to properly monitor the fetus during labor, delaying performance of a C-section when clearly indicated, improper use of forceps or vacuum extractors, or not addressing signs of fetal distress.

Damages Suffered

The negligence resulted in harm to the baby, such as physical injuries (bone fractures, brain damage, nerve damage), cognitive/developmental impairments, or other adverse health conditions. The severity and details of the damages will determine the amount of compensation.

Causation

There must be a direct link between the negligent acts of the health care providers and the harm suffered by the baby. The injuries would not have occurred but for the substandard care provided during the birthing process.

Time Limitations

In Texas, families have 3 years to file a birth injury lawsuit. It’s critical to consult with a birth injury attorney as soon as possible to evaluate your legal options and ensure all evidence is preserved before filing a claim within the statute of limitations.

The team at Crain Brogdon LLP has been advocating for birth injury victims in Dallas for over 125 years. We have the experience and resources to thoroughly investigate your case and fight for the maximum compensation on your behalf. Don’t delay — contact us today for a free case review. Justice and answers are within your reach.

Common Types of Birth Injuries Due to Medical Malpractice

If your child has suffered a birth injury due to medical negligence, you have legal options to pursue compensation. There are two common types of birth injuries that are frequently caused by a doctor’s improper care during labor and delivery.

Brain Damage

Brain damage can occur due to a loss of oxygen to the baby’s brain, known as hypoxic ischemic encephalopathy (HIE). This can happen if the doctor fails to properly monitor the baby’s heart rate during labor, does not perform an emergency C-section when required, or does not resuscitate the baby fast enough after delivery. Brain damage can result in conditions like cerebral palsy, intellectual disability, seizures, and developmental delays.

Nerve Injuries

Damage to the nerves in the baby’s neck and shoulders, known as brachial plexus injuries, can occur during a difficult delivery. Excessive pulling or twisting of the baby’s head during delivery can stretch or tear these nerves. This can cause a loss of movement and sensation in the baby’s arm, hand, and fingers. In severe cases, surgery and therapy may be required to regain functionality.

Doctors have a responsibility to exercise reasonable care and skill during the labor and delivery process to avoid preventable birth injuries. If your child suffered a brain injury, nerve damage or other harm due to improper medical care, you may be eligible to file a claim against the negligent parties.

The Impact of Birth Injuries on Victims and Their Families

Birth injuries can have devastating and long-lasting impacts on victims and their loved ones. The physical and emotional trauma from a birth injury affects the entire family, not just the infant.

Physical Challenges

For the infant, a birth injury may require ongoing medical care, surgeries, medications, or therapies to manage pain and disabilities. This can include conditions like cerebral palsy, epilepsy, intellectual disabilities or sensory impairments that require lifelong treatment and accommodation. The financial costs of medical expenses and accessibility needs place an immense burden on families.

Emotional Distress

In addition to physical challenges, birth injuries often cause severe emotional distress for the victim and family members. Feelings of grief, anxiety, post-traumatic stress, and depression are common in the aftermath of a traumatic birth. Coping with the uncertainty of an infant’s prognosis or long-term needs can be an overwhelming experience. The stress and hardship may also place strain on relationships and careers as parents struggle to navigate their new reality.

Lost Opportunity

The potential loss of a normal, healthy life for their child is devastating for any parent. Dreams of watching their baby grow, learn, and develop in a typical way are shattered, replaced by uncertainty over what their child may be capable of in the future. Parents face difficult decisions in determining the best path forward to support their child’s needs while also grieving the loss of hopes and expectations.

The impact of a birth injury is felt for a lifetime. Families require compassion and support to help them come to terms with their situation, access necessary treatments, and plan for their child’s well-being and development going forward.

Determining Fault and Liability in a Birth Injury Case

To establish fault and liability in a birth injury case, several factors must be considered. The attorneys at Crain Brogdon LLP will conduct a thorough investigation to determine who is responsible for the negligent actions that caused harm to your baby.

Medical Records Review

Your medical records, as well as your baby’s records, will be reviewed to identify any unsafe practices or errors committed by doctors, nurses, or other medical staff during the prenatal period, labor and delivery, or postnatal care. Things like failure to properly monitor the baby’s condition, delays in performing an emergency C-section, improper use of forceps or vacuums, or unsafe administration of medications to the mother are often found during medical records reviews.

Expert Witnesses

Medical experts like obstetricians, pediatricians, and nurses will be consulted to evaluate the care you received and determine if it met the appropriate standard of care. Their testimony about what should have been done differently can be crucial for proving liability.

Hospital Policies and Procedures

The policies and procedures in place at the hospital where you gave birth will be examined to confirm whether or not they were properly followed. Failure to adhere to important safety protocols and guidelines can demonstrate negligence.

Additional Factors

Other circumstances surrounding your baby’s birth may also show fault, such as:

• Lack of properly trained staff
• Broken or malfunctioning equipment
• Unsafe conditions in the delivery room or nursery
• Failure to diagnose or treat a dangerous maternal medical condition
• Delay in performing an emergency C-section when signs of fetal distress were present.

By gathering evidence from multiple sources, our birth injury lawyers can build a strong case to prove liability and secure the compensation your child deserves. No family should have to suffer the hardship of a preventable birth injury, so we work tirelessly to hold negligent parties accountable for their actions.

Consulting With a Dallas Birth Injury Attorney

Consulting with an experienced Dallas birth injury attorney is crucial if you believe your child has suffered harm due to medical negligence during delivery or pregnancy. Birth injury cases can be complex, and the timeline for taking legal action is limited. An attorney can advise you on the merits of your case and guide you through the legal process.

Determining Whether You Have a Case

Not all unfavorable outcomes in childbirth constitute negligence or malpractice. An attorney will review your medical records and the details surrounding your delivery to determine if the doctor, hospital, or other medical staff failed to meet the standard of care and if that failure resulted in injury to you or your child. If medical negligence is suspected, an attorney can then calculate potential damages to determine if pursuing legal action may lead to fair compensation.

Filing a Lawsuit

If you do have grounds for a birth injury claim, your attorney will file a lawsuit on your behalf against the defendants, who may include obstetricians, anesthesiologists, nurses, and hospitals. Lawsuits must be filed before the statute of limitations expires to claim any compensation before the child’s 18th birthday, which in Texas is before the child’s 14th birthday. Thus if a claim is filed after the child has turned 14, parents will only be able to claim compensation from the date of the child’s 18th birthday.

Settlement or Trial

Many birth injury cases settle out of court. Your attorney will negotiate with defendants and their insurance companies to reach a fair settlement. If a settlement cannot be agreed upon, the case may go to trial. An experienced trial lawyer can present expert testimony and other evidence to prove negligence and fight for maximum compensation for pain, suffering, medical bills, loss of income, and future care needs.

An attorney can determine if you have grounds for a lawsuit, guide you through the complex legal process, and advocate aggressively to hold negligent parties accountable.

How Dallas Birth Injury Lawyers Investigate Claims

To build a strong birth injury negligence case, a Dallas birth injury lawyer will conduct a thorough investigation into the circumstances surrounding the injury. This includes:

Reviewing the Mother’s Prenatal Records

The mother’s prenatal care records provide insight into the health of the mother and baby leading up to delivery. They can reveal conditions that, if properly addressed, may have prevented injury. Failure to properly diagnose or treat these conditions may constitute negligence.

Analyzing Events During Delivery

The sequence of events during labor and delivery are carefully scrutinized. Errors like improper use of forceps or vacuums, unnecessary C-sections, failure to perform C-sections when needed, and improper fetal monitoring can all potentially cause harm. Medical records, eyewitness accounts from doctors, nurses and parents are examined to identify negligent acts.

Evaluating the Baby’s Condition After Birth

Records related to the baby’s Apgar scores, admission to the NICU, diagnoses, test results, and treatment are reviewed to determine if the injury was avoidable. Evidence of delays in diagnosis or improper treatment may indicate negligence.

Interviewing Medical Staff and Parents

Speaking with doctors, nurses and parents who witnessed events can provide key details not found in medical records. Their accounts may reveal negligent acts or omissions not otherwise apparent.

Consulting with Medical Experts

To establish if the standard of care was breached, birth injury lawyers consult obstetricians, pediatricians, and other experts with experience in the specific injury. They review the evidence and provide opinions on whether proper care was provided and if negligence caused harm.

Building a strong case requires marshalling evidence from many sources to prove negligent acts directly led to injury. Dallas birth injury lawyers have the resources and experience to thoroughly investigate what happened, hold the responsible parties accountable, and help families obtain fair compensation.

Statute of Limitations for Birth Injury Lawsuits in Texas

In Texas, victims of birth injury negligence have a limited window of time to pursue legal action against the at-fault parties. Lawsuits must be filed before the statute of limitations expires to claim any compensation before the child’s 18th birthday, which in Texas is before the child’s 14th birthday. Thus if a claim is filed after the child has turned 14 years, parents will only be able to claim compensation from the date of the child’s 18th birthday.

For families with a child who has suffered a severe, permanent birth injury, time can go by quickly as they focus on getting necessary treatment and therapies. However, waiting too long to take legal action can jeopardize your right to recover compensation for the harm caused. It is critical that victims and their families understand the time constraints around birth injury cases to preserve their right to justice.

Some exceptions may apply to extend the statute of limitations. This includes:

• Fraud or intentional concealment of the injury by the at-fault doctor or hospital. If it can be proven they deliberately hid the negligence that caused the harm, the clock may be paused.
• Continuous treatment for the injury by the at-fault doctor. As long as the doctor continues to treat the injury they caused, the time limit may be extended. Treatment by another doctor ends this extension.
• Minor status of the victim. For children under age 18 in Texas, the statute of limitations does not begin until their 18th birthday. However, families should still act quickly to investigate and pursue a claim to avoid issues with evidence and witness availability.
• Discovery of new injuries or damages related to the birth injury. If additional harm, expenses or losses directly related to the initial negligence emerge later, families may have two years from the date of discovery to file or amend a claim.

To avoid missing the opportunity to recover damages for your child’s birth injury due to statute of limitations constraints, contact a birth injury attorney in Dallas as soon as possible. They can properly assess your specific situation, determine if any exceptions apply, and take immediate action to hold the negligent parties accountable on your behalf.

How Much Compensation Can I Recover in a Dallas Birth Injury Claim?

The amount of compensation you can recover in a Dallas birth injury claim will depend on the specific details of your case. In general, you may be entitled to:

• Economic damages: This includes compensation for medical bills, loss of income, and other financial losses directly related to your birth injury. The exact amount will depend on the severity of your injury and the cost of treatment and care.
• Non-economic damages: This includes compensation for pain and suffering, mental anguish, loss of enjoyment of life, and other intangible losses. The exact amount will depend on the severity and impact of your injury.
• Punitive damages: If gross negligence or willful misconduct was involved, you may be awarded punitive damages meant to punish the at-fault party. Punitive damages are not very common in birth injury cases but may apply in some situations.

The total compensation in a birth injury case can vary significantly based on the circumstances, but may amount to millions of dollars for the most severe injuries like cerebral palsy or brain damage. An experienced Dallas birth injury lawyer can review the details of your situation, determine appropriate compensation amounts for your specific losses and injury, and fight to recover maximum damages on your behalf.

Key factors that will impact your potential compensation:

• Type and severity of the birth injury: More severe, life-altering injuries warrant higher compensation.
• Permanence of the injury: Permanent injuries that require lifelong treatment and care warrant higher compensation than temporary injuries.
• Cost of medical care: Higher costs for surgeries, treatments, therapy, rehabilitation, and other medical services will increase the potential compensation.
• Lost earning capacity: If the injury impacts your ability to earn an income in the future, you may recover compensation for loss of earning potential. The exact amount will depend on your projected career path and earning potential without the injury.
• Liability and negligence: Clear evidence of negligence or liability on the part of doctors, nurses, or other parties will strengthen your claim for maximum compensation. Lack of negligence may limit available compensation.

An experienced Dallas birth injury lawyer can determine appropriate compensation amounts based on these factors and fight to obtain maximum damages through settlement or trial. Seeking legal counsel is critical to understanding and pursuing your legal options after a birth injury.

FAQs: Dallas Birth Injury Negligence and Legal Options

If you or your loved one has suffered a birth injury in Dallas due to medical negligence, you likely have many questions about your legal rights and options for pursuing compensation. Here are answers to some of the most frequently asked questions about Dallas birth injury negligence claims:

What constitutes birth injury negligence in Dallas?

Birth injury negligence occurs when a doctor, nurse, or other medical professional fails to provide proper care during pregnancy, labor, delivery, or immediately after birth, and this failure results in harm to the baby or mother.

What types of compensation can be recovered in a birth injury negligence lawsuit?

Victims of birth injury negligence in Dallas may be entitled to both economic and non-economic damages. Economic damages include the costs of ongoing medical care, rehabilitation services, lost earning capacity, and other financial losses. Non-economic damages aim to compensate for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms. In some cases, punitive damages may also be awarded to punish the defendant for reckless or intentional misconduct.

How are birth injury negligence lawsuits typically settled?

The majority of birth injury negligence lawsuits are settled out of court through negotiation between the parties. If a settlement cannot be reached, the case may proceed to trial. Settlements and verdicts in the hundreds of thousands to millions of dollars are not uncommon in cases of permanent disability or injury.

Consulting with an experienced Dallas birth injury attorney is the best way to understand your legal rights and options fully after suffering harm due to medical negligence. A lawyer can evaluate the details of your case, determine if you have grounds for a claim, and help you pursue maximum compensation for your losses.

Why Choose Crain Brogdon LLP As Your Birth Injury Lawyer?

Why should you choose Crain Brogdon LLP to represent you in a birth injury negligence case? Our firm has over 125 years of combined experience handling these complex medical malpractice claims. We have successfully secured over $300 million in verdicts and settlements for families like yours.

Proven Track Record of Success

Crain Brogdon LLP has a proven track record of success in birth injury cases. We have secured multimillion-dollar verdicts and settlements for clients. Our attorneys are intimately familiar with the lifelong care these children require and fight to obtain the maximum compensation to provide for their ongoing medical needs.

Nationally Recognized Birth Injury Lawyers

Our firm is nationally ranked by U.S. News & World Report in personal injury litigation. We are leaders in the field and frequently lecture at legal seminars on birth injury law. The attorneys at Crain Brogdon LLP stay up to date with the latest medical research on causes and treatments for conditions like cerebral palsy, hypoxic ischemic encephalopathy (HIE), and shoulder dystocia. We use our in-depth knowledge to build the strongest case possible on your behalf.

Compassionate Legal Advocates

We understand how traumatic birth injuries can be for families. Our attorneys provide compassionate legal counsel and advocacy for clients every step of the way. We take the time to understand your unique situation, address your concerns, and keep you informed about options and strategies. You can trust that we have your family’s best interests at heart and will fight to hold the negligent parties accountable.

Free Initial Consultation

Contact Crain Brogdon LLP today for a free initial consultation about your potential birth injury negligence case. We review medical records and accounts from parents and treating physicians to determine if medical negligence was involved. There are strict time limits for filing a birth injury lawsuit, so call us as soon as possible to discuss your legal options.

Conclusion

As a victim of negligence during childbirth that resulted in a birth injury, you deserve answers and compensation. While no amount of money can undo the harm, it can provide financial security for medical care and serve as an admission of fault. Contact us at (214) 522-9404 to help secure your and your child’s future.

Attorney Quentin Brogdon

Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]