All birth-related complications are not created equal. Some are the result of genetic defects or issues with the womb environment. Others may be the result of difficulties during the term of the pregnancy, labor or delivery.
In the latter situations, if the medical personnel fail to deliver the expected standard of care, the outcome could be a preventable birth injury. Where such conditions are suspected, the right to seek compensation for the damage caused may exist. The way for a Texas family to make the call is by consulting with an attorney experienced in birth injury claims as soon as possible.
No case of suspected birth injury is exactly the same. However, most tend to fall into one of two general situations. A doctor or other care provider may either fail to spot and treat dangerous conditions during labor and delivery. Alternatively, there may be a failure to properly track possible effects of prescription medications taken during the months of the pregnancy.
An example of the first scenario might be if the provider improperly uses forceps or vacuum extraction during a difficult delivery, causing damage to limbs or nerves in the newborn. This might display as a case of Erb’s palsy. If the infant was oxygen deprived for some reason during delivery, cerebral palsy might result. If that deprivation was due to an error by care providers, a malpractice claim might be warranted.
In the case of prescriptions, if the doctor properly applied the drug and it still caused damage, it might be possible to make a claim for compensation from the drug’s manufacturer or the pharmacy that provided the product.
Success of any birth injury claim depends on you knowing your rights and fulfilling the requirements of the law.
Source: FindLaw, “Birth Injury Overview,” accessed April 3, 2015