When something goes wrong during childbirth and a child is left injured as a result, a type of medical malpractice case known as birth injury may be implicated. This means if the complication happened as a result of negligence by the doctor or hospital, there may be some legal ability to hold someone responsible for the harm.
If your are in need of an Dallas birth injury lawyer, please contact us below for a free consultation.
Does Your Child Suffer From a Birth Injury?
Birth injuries caused by a negligent doctor or hospital are especially traumatic for families.
At a time when you’re supposed to celebrate a new life, an infant suffers and your family is saddled with emotional pain and distress. Instead of planning a “welcome home” party, you’re forced to plan for a lifetime of medical care, therapy, and a potentially debilitating disability.
A child who suffers from muscle, organ, or brain damage after an accident at birth may require a lifetime of expensive medical care. That might include 24-hour nursing, countless medications, and regular stays in hospitals or healthcare institutions.
Your child deserves the absolute best level of care, so it’s important to consider legal action against a negligent doctor or healthcare provider to cover these expenses.
We can’t turn back the clock and erase mistakes made by a doctor or hospital. But Van Wey Law is here to help you deal with the countless practical and financial issues you and your family will deal with in the years ahead. Your family has suffered enough. Let us help you seek justice.
As your attorney, we will help you determine if you have a claim. We’ll go through your case information and medical records. We will collect further evidence, meet with witnesses, and examine every little detail of your unique situation.
The Common Types of Birth Injuries
Birth injuries can occur during pregnancy, labor, or post-delivery at the hospital. They vary in type and severity. Most are immediately apparent, but others (like Brachial Plexus injuries) won’t appear for months until a caregiver notices peculiar behavior. Some injuries can be treated, but in many cases, the child is left with lifelong permanent damage and impairment.
Most birth injuries fall into one of two categories: oxygen deprivation or physical trauma. Here are some of the specific injuries that may occur:
Eclampsia and Preeclampsia
Excessive Newborn Jaundice
Bleeding on the Brain
Misdiagnosis/Failure to Diagnose
Infant Anoxia / Hypoxia
Delayed or Untimely C-Sections
Improper Fetal Monitoring
Skin/Soft Tissue Injury
Spinal Cord Injuries
Persistent Pulmonary Hypertension
Infant Brain Damage
The Cost of Care After a Birth Injury
The cost of care for children injured at birth can be astronomical. You may be looking at a lifetime of purchasing special equipment like feeding tubes, hospital beds, suction equipment, therapy, 24-hour in-home care, walkers, wheelchairs, etc. You may also require modification to your home and vehicles. It’s not unusual for families to face expenses in the tens of millions of dollars.
We will help you predict all of the future costs you’ll endure. Then we’ll seek a settlement from the negligent healthcare provider. If an agreement can’t be reached, we’ll take the case to trial.
What to Do If Your Child Suffers a Birth Injury
If you think your child’s injury was the result of malpractice by a doctor or hospital, your first step is to contact an attorney with birth injury experience.
Then begin collecting as much documentation as possible. Documentation will help your attorney investigate your claim and prepare your case.
- The full names of every healthcare provider who was a part of the maternity and delivery process.
- The names and contact information of all medical facilities you used before and after your child’s birth.
- Any prescription medication the mother took before delivering, and any medication prescribed to the child after delivery.
- Details, notes, and media (images and video) of any medical procedures performed on the pregnant mother or child (pre- and post-delivery).
- Any concerns anyone had before, during, or after birth.
Frequently Asked Questions About Birth Injury Claims
Here are some of the questions we hear every day. If you don’t see your specific question on this list, don’t hesitate to contact us.
“Why did this happen?”
We hear this question often, and our hearts ache for parents and children dealing with birth injuries. This is the question parents want answered the most. You wonder if bad things just happen or if it’s someone's fault. Since doctors and hospitals never admit wrongdoing, parents are usually left in the dark.
As birth injury attorneys, our job is to help you answer that question. Through our investigation, we’ll help you determine if negligence was involved, who’s responsible, and what type of compensation you and your family deserve.
“How do I know if a doctor/hospital is responsible for my child’s injury?”
The doctor (or anyone who works at the hospital) will never admit to fault. It’s not in their best interest to be forthcoming. Hospitals are businesses, so they’ll do everything to protect their bottom line. In many cases, they’ll tell you as little as possible to protect their liability.
It’s critical that you hire an experienced malpractice birth injury attorney who knows the right questions to ask, what documents to examine, and what to look for. These are complicated cases. Healthcare providers will mount a vigorous defense, so you need a fighter on your side.
“How long does a birth injury case take?”
Unfortunately, birth injury cases can take some time. Some take several years. This is another reason you need an experienced birth injury attorney with the resources to stick with your case, no matter how long it takes.
The length of a birth injury case depends on the severity of the injury, the duration of the investigation, the number and usefulness of witnesses, the other party’s willingness to resolve the case, medical records, and other factors.
“How do doctors cause birth injuries?”
In some cases, doctors are overly aggressive during delivery. They may use forceps or a vacuum when they aren’t necessary. They may use those tools incorrectly. They may simply manipulate a child roughly, causing physical injuries and even brain damage.
In other cases, healthcare staff may neglect to monitor the mother and child during labor. They may fail to notice oxygen deprivation (which can cause brain damage, cerebral palsy, and hypoxia), fetal distress, umbilical cord compression, and infections.
“How much compensation could a birth injury lawyer get for me?”
This is a tough question to answer because it relies on countless factors. It’s nearly impossible to give you a figure without knowing the specifics of your claim. Be wary of any attorney who promises you a specific dollar amount.
Here are the different types of compensation you might receive. You may be entitled to all or just some.
- Medical expenses relating to the injury
- Future anticipated medical costs
- Rehabilitation and therapy costs
- Lost wages (if a parent misses work or loses employment)
- Costs of at-home, institutional care, and special education services
- Emotional pain and anxiety
- Physical pain and trauma as a result of the injuries
- Punitive damages
Finding an Experienced Dallas Birth Injury Lawyer
Even within the medical malpractice field, birth injury is particularly specialized and complex. Hospitals and doctors defend these cases aggressively, and often firms that handle medical malpractice generally do not feel comfortable handling birth injuries. Instead, they refer those cases out to firms that specialize in birth injury- that is where the birth injury attorneys of Van Wey Law come in.
For our team, it is about helping people through some of the most difficult times of their lives. We have seen the effect a Dallas birth injury lawyer can have on these cases and on the outcomes for these children.
Depending upon the individual injury and case, a birth injury lawsuit may help recover compensation for:
- Medical expenses, both past and future
- Costs associated with care, rehabilitation, therapy, or medical equipment
- Lost wages
- Pain and suffering or emotional distress
In birth injury cases, parents often have a gut feeling something went wrong. Sometimes it is clear based on the injuries to the child. Either way, if you have any suspicions that something may not have gone right with labor and delivery, or that your child may have suffered a birth injury, the sooner you contact a lawyer the better. Birth injury cases are very time-sensitive.
How an Experienced Dallas Birth Injury Lawyer Can Help
Managing a birth injury claim requires unique experience that most malpractice attorneys lack. Your attorney needs an acute understanding of complex medical issues and the challenges you face.
At Van Wey Law, we have extensive experience handling birth injury cases. We know what you’re going through. We know the type of help and support you need to get through this traumatic part of your life. We’re happy to review your specific needs and determine if you’re entitled to compensation.
Kay Van Wey is one of Texas’ leading medical malpractice attorneys. She is tenacious and hard-working, and she builds close relationships with her clients. Here are just some of her credentials:
- Kay Van Wey has been voted a Texas Super Lawyer for 15 years running (2003-2017). This is a prestigious honor bestowed upon her by her peers. Less than 5% of all attorneys have ever been named a Super Lawyer. Kay has received the award every single year since its inception.
- She has even attained membership in the Million and Multi-Million Dollar Advocates Forum as a result of the success of past cases.
- Kay is board-certified in personal injury trial law by the Texas Board of Legal Specialization. Less than 5% of all attorneys in Texas are board-certified.
If your family member was injured at birth, we advise you to contact us right away for a free consultation with a Dallas birth injury lawyer. We’ll help you determine if you have a case. We’re only paid if you receive compensation.