Dallas Birth Injury Lawyer
The excitement and anticipation of parents expecting a newborn are the highest emotions felt by humans. Even before a child is born, the conversations parents have with their friends and family are filled with the hopes and dreams for their child.
Because of these heightened emotions, a birth injury can be absolutely devastating. Nothing can compare to the loss a parent feels when the vision for their child’s future is shattered.
While a birth injury lawsuit won’t completely absolve the anguish a parent might feel, the suit can help with the financial troubles the parents may face for their child’s future. A suit may also help parents to find closure knowing that the provider who caused the injury accepts responsibility for their actions.
Contact our Dallas birth injury lawyers today for the justice you and your child deserve.
OUR BIRTH INJURY LAWYERS WILL BRING YOU JUSTICE
A birth injury case is complicated and filled with emotions. At MR.LAW Accident & Injury Attorneys, we have a team of qualified Dallas birth injury lawyers who see the need for more than just monetary compensation. We are here to walk you through every step of the process so that you and your child can find renewed hope in the future that was taken away.
Our Dallas medical malpractice lawyers are here to fight for you. Contact our experienced Dallas birth injury lawyers today for your free consultation so that we can start working for your case today.
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What is a Birth Injury?
Birth injuries refer to a physical injury that occurs during the birthing process of a child. These lawsuits are subset of the medical malpractice area of law. Medical malpractice is a form of negligence when a provider fails to meet the standard of care that an ordinary provider would use in that particular medical situation.
In the case of birth injuries, the common case brought is in regard to what an OB/GYN would use during child birth, either in diagnosis or in actual delivery.
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What are Common Types of Birth Injuries?
- Brachial palsy. Brachial Palsy occurs when the group of nerves that supplies the arms and hands (brachial plexus) is injured. This injury is most common when there is trouble delivering the baby’s shoulder, (known as shoulder dystocia). The baby loses the ability to flex and rotate the arm.
- Bruising or forceps marks. Some babies may show signs of bruising on the face or head due to the trauma of passing through the birth canal and the contact with the mother’s pelvic bones and tissues.
- Caput succedaneum. Caput is the significant swelling of the soft tissues of the baby’s scalp. This develops as the baby travels through the birth canal. Babies delivered by vacuum extraction are more likely to have this condition.
- Cephalohematoma. An area of bleeding between the skull bone and its fibrous covering. The injury often appears several hours after birth as a raised lump on the baby’s head. If the area of bleeding is large, some babies may develop jaundice as the red blood cells break down.
- Facial paralysis. During labor or birth, pressure on a baby’s face may injure the facial nerve. This may also occur when forceps are used for delivery.
- Fractures. Fracture of the clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there is trouble delivering the baby’s shoulder or during a breech delivery. A baby with a fractured clavicle rarely moves the arm on the side of the break. However, healing occurs quickly.
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Is Every Injury during Birth Recoverable?
Unfortunately, not every birth injury is preventable. Every procedure has some level of statistical risk than can occur. As mentioned previously, the standard of care that is used to judge whether or not a lack of carelessness caused an injury is that which a professional would use in the course of that medical procedure.
In the case of child birth, there are a series of tests and exams performed that occurs to determine whether or not the birth of a child could pose harm to the mother and whether there is a probability that the child could be harmed in the process. Birth injury cases can get extremely complicated and may require medical professionals to weigh in on whether the professional standard was met.
Even the most skilled and competent professional is subject to medical malpractice insurance. Often, these cases will go to the medical malpractice insurer who is incentivized to settle the case as quickly and affordable as possible. However, if you took every precaution available in preparation for your child, you must remember that the fault lies somewhere. The incentive is more than just assigning blame – the medical bills and lifestyle costs that your child must now incur to maintain a stable lifestyle need to be covered.
Signs and Symptoms of a Birth Injury
Spotting a birth injury early is critical for ensuring your child gets the care they need. Some symptoms may appear immediately, while others may only become noticeable over time. Understanding these signs can help parents take action more quickly.
Immediate Signs of a Birth Injury
- Lack of Crying: Newborns typically cry upon delivery. If your baby is unusually quiet after birth, it could indicate distress or underlying issues.
- Floppy Limbs or Poor Muscle Tone: Babies who seem weak or who cannot move their limbs properly may have suffered nerve damage.
- Seizures: Seizures in a newborn are a major red flag that may point to a brain injury such as oxygen deprivation during birth.
- Difficulty Breathing: Labored or irregular breathing could suggest injuries sustained during delivery.
Delayed Symptoms of a Birth Injury
Not all birth injuries show immediate signs. Some conditions only become evident as the child grows. Be mindful of delayed symptoms, such as:
- Developmental Delays: Missing milestones like rolling over, crawling, or walking may signal an underlining injury.
- Difficulty Feeding: Trouble latching or swallowing can be a sign of oral or neurological issues.
- Abnormal Muscle Tone: Hypertonia (stiff muscles) or hypotonia (floppy muscles) may indicate brain or nerve damage.
If you notice these symptoms, consulting with pediatric specialists and experienced birth injury attorneys near you is important.
Common Causes of Birth Injuries
Tragically, many birth injuries are preventable and occur due to medical mistakes. Understanding the potential causes can shed light on whether negligence played a role. Here are some of the most common types of medical errors associated with birth injuries:
- Failure to Monitor Fetal Distress: Medical teams must carefully monitor signs of distress like irregular heart rates. Ignoring these warnings can lead to oxygen deprivation and severe complications.
- Improper Use of Forceps or Vacuum Extractors: Errors during assisted deliveries can cause head trauma, skull fractures, or brain damage.
- Delayed C-Sections: When complications arise, delaying a necessary Cesarean section can increase the risk of permanent injury to both mother and child.
- Medication Errors During Pregnancy or Delivery: Incorrect or improperly administered medications can harm both the mother and fetus.
- Failure to Diagnose Infections or Umbilical Cord Issues: Undiagnosed maternal infections or umbilical cord complications can lead to severe outcomes for the baby.
An experienced birth injury attorney can help investigate these potential causes to determine accountability and secure justice for your family.
How to Prove Medical Negligence in a Birth Injury Case
Birth injury cases can be complex and emotional, especially as families face significant medical expenses and long-term care needs. To succeed in these cases, it’s vital to prove that medical negligence led to your child’s injuries. The process typically involves the following steps:
- Establishing a Doctor-Patient Relationship: You must demonstrate that the medical professional in question was responsible for your care.
- Showing a Breach of Duty: Your attorney must prove that the medical provider failed to meet the required standard of care during pregnancy or delivery.
- Proving Causation: It’s essential to show that the medical provider’s negligence directly caused your child’s injuries.
- Documenting Damages: Clear evidence of the financial, physical, and emotional toll of the injury is critical to building a case.
Gathering Evidence for Your Case
Our Dallas birth injury lawyers work with top medical experts to collect compelling evidence to support your claim. This may include reviewing medical records, obtaining witness statements, and consulting specialists to provide expert testimony. The goal is to create a persuasive case that holds negligent parties accountable.
Why Choose MR.LAW Accident & Injury Attorneys?
A birth injury case requires not only legal knowledge but also compassion and understanding for what families are going through. At MR.LAW Accident & Injury Attorneys, we bring both expertise and empathy to every case we handle.
Our skilled attorneys understand the complexities of Texas medical malpractice laws and the challenges of proving negligence. We fight tirelessly to recover maximum compensation for your family, whether through a settlement or in court. Together, we can pursue justice for your child.
Get the Justice Your Family Deserves
Birth injuries upend lives, leaving parents unsure of the road ahead. But you don’t have to face this alone. At MR.LAW Accident & Injury Attorneys, we have a team of experienced Dallas birth injury lawyers ready to advocate for you. From understanding symptoms to navigating complex legal processes, we’re here every step of the way.
Don’t wait to seek justice for your child. Reach out now—justice begins today.
Call (469) 689-0200 today or fill out our online contact form to schedule your free consultation with a trusted birth injury lawyer.
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"Attorney Raphael & Attorney Mathias are both very forthcoming & handle each case with care!"I have worked with this office on many different life care plans for personal injury cases and each time it’s been wonderful. Attorney Raphael and Attorney Mathias are both very forthcoming and handle each case with care. I would definitely recommend them!- Brandy C.
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"Damon took my case when others would not consider it."
Damon is the one attorney who took my case when others would not consider it. He is good at explaining the next steps and possible outcomes. Professionalism shows through in all he does. I recommend him for your legal matter.
- Carolyn -
"Mr. Mathias went above and beyond for me!"
Mr. Mathias went above and beyond when I got in an automobile accident making the situation stress free. He allowed me to concentrate on getting a new vehicle and getting the appropriate treatment instead of worrying about medical bills and settlements.
- James -
"Truly amazing attorney!"
Truly amazing Attorney! This guy went above and beyond my expectations, from a broken wired up jaw. To a well deserved settlement. Thanks again!
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"Better outcome than imagined."
MR.LAW Accident & Injury Attorneys handled our case well and gave us a better outcome than we could have ever imagined. Thanks to Damon, Ori and their entire team!
- Eric B. -
"Attorney Ori Raphael fights for you!"Ori gives it his all to fight for you!- Amir A
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"Hire these guys!"These guys are great! Ori really went above and beyond and every time I needed good advice or help, he was there for me.- R.J.
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"Mr. Raphael was very helpful and responsive to our needs!"Mr. Raphael was very helpful and responsive to our needs. He provided excellent service with polite,gentle and sensitive care,from the time he greeted us all through the process. I felt very confident trusting him with our case and he came through for us and got us more than we imagined.- Avi P.