Childbirth is such an exciting time, but it can be very frightening when things go wrong. Medical complications can happen, resulting in baby birth injuries.
When you believe your child was harmed by medical personnel during birth, contact a San Antonio birth injury lawyer at Ramji Law Group, P.C. One of the firm’s medical malpractice attorneys can review your situation and identify the care team’s mistakes. When your child suffers injuries due to your medical team’s malpractice, you and your loved ones are able to file a lawsuit and hold the healthcare providers accountable.
Modern birthing practices rely on close monitoring of the mother and baby. Unfortunately, medical personnel can sometimes fail to track the baby’s progress or respond appropriately, leading to issues such as birth injuries.
The decision whether to allow the birth to proceed naturally or intervene is not always clear-cut, and parents sometimes have strong preferences that can influence the healthcare team. Medical misjudgments can lead to birth injuries when:
Birth injuries can also result from clumsy or incompetent handling of the fetus. The improper use of forceps and vacuum extraction can cause damage to the baby that leads to permanent injuries. When a medical professional’s negligence happens, the child and parents can be compensated with the help of an experienced San Antonio birth injury attorney. Here at Ramji Law Group, we can determine whether a healthcare professional’s faulty judgment or unskilled delivery caused a baby’s birth injury.
Children cannot file lawsuits. Usually, their parents file a lawsuit on the child’s behalf. Under state law, an injured person must bring a lawsuit for medical malpractice within two years of discovering the injury, but there is a different standard when the child was under 12 when the malpractice occurred.
According to Texas Civil Practice and Remedies Code § 74-251, a parent can bring a lawsuit for a child’s birth injury any time before the child turns 14. Birth injuries sometimes go undetected at the time. Even when the parents know their child suffered a birth injury, the full impact might not be apparent until the child is older and begins missing developmental milestones.
It is important for parents to consult a lawyer in San Antonio as soon as they discover the impact the birth injury is having on their child’s development. Bringing a lawsuit sooner rather than later is usually advantageous.
A birth injury lawsuit usually involves two sets of claims:
For example, if a birth injury caused cerebral palsy that limits the child’s mobility, the doctor would pay compensation for the results of the disability and the pain and suffering it causes the child. If the injury reduces the likelihood the child could live independently as an adult and be self-supporting, the child should be compensated for their reduced earning capacity.
Parents can collect the proceeds from their claims. The child’s compensation is placed in a court-supervised bank account, and the child will gain access to it when they turn 18. Parents usually cannot access the money without court approval, which is only granted in extraordinary circumstances.
Most medical malpractice cases are settled before a trial. When a settlement is reached on behalf of a child, the court must review it to determine whether it is in the child’s best interests.
Usually, the court appoints a guardian ad litem, or Gal, to represent the child, but it is highly recommended to hire a specialist in birth injuries. The GAL reviews the medical records and often meets the child to determine the extent of their injury and how it impacts their life. They then make a recommendation to the court about whether the settlement provides appropriate compensation to the child. At times, the judge considers GAL’s recommendation when making decisions, but many cases have resulted unsuccessful. Therefore, it is important to consult with a birth injury lawyer in San Antonio.
When your child suffers pain, disfigurement, or limited opportunities because of a birth injury, you can seek compensation from the medical personnel whose incompetence led to the injury. The lawyers at Ramji Law Group, P.C. have the medical knowledge and legal skills to develop a winning case.
Reach out to one of our San Antonio birth injury lawyers as soon as you notice how the injury is affecting your child. Get started today. Please call the Ramji Law Group at (713)-888-8888 or feel free to contact us online.
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