The Houston birth injury lawyers at Terry Bryant know the law and the court system and will work tirelessly to try to ensure that you and your child are fully compensated. We offer a free consultation to examine the facts of your child’s case and determine how to best proceed with getting you the settlement you deserve.
Birth injuries are traumatic, life-changing injuries that may have a devastating effect on the child and the entire family, and they are especially tragic when they could have been prevented. When injuries are severe, the child may require expensive medical and rehabilitative care for a lifetime, and the entire family suffers as a result. Parental relations may become strained and siblings may feel neglected due to the demands of care that a birth-injured child requires.
If your child was damaged by a birth injury due to a medical provider’s negligence or carelessness before, during, or after delivery, you may be entitled to compensation for your medical and rehabilitative expenses, as well as for the pain and suffering and other non-tangible costs your family must bear, through a birth injury medical malpractice lawsuit. At this difficult time, you do not have to deal with the pressures involved with navigating the legal system alone.
Our birth injury attorneys offer a free consultation, as well as a “No Fee Guarantee”, which means you pay nothing unless you win a recovery. Do not delay. Call the birth injury lawyers Terry Bryant Accident & Injury Law today at (713) 973-8888 or fill out our online contact form to explore your legal options so we can get to work to help rebuild your child’s life.
Birth Injury Attorneys Can Help with Your Losses
When your child is injured at birth, it is a terrible shock that is difficult to deal with. Our birth injury attorneys understand that you have fears and concerns about how the injury will affect your child’s life and that of the rest of the family. If the damage is severe, your child may be facing life-long enormous medical and therapy bills and need special schooling, and you may have to make expensive modifications to your home and vehicle for a wheelchair and other adaptive equipment. It may be necessary to have ongoing therapy to deal with the ramifications of the tragic injury.
While your child’s health and future is your primary concern, it’s natural to worry about the birth injury’s effect on your finances, especially if one parent must stay home to provide care to the child. The full extent of the effects of the injury and the costs involved may not be known for years, as bills mount up and accumulate and new treatment may be necessary.
The Houston birth injury attorneys at Terry Bryant are aware of these concerns, and we understand that the last thing you probably want to deal with is filing a lawsuit. However, we also know that a just financial settlement from a successful birth injury lawsuit can help by alleviating your money worries and covering the costs to provide the care your child may require today and in the future.
Our skilled birth injury lawyers will take the burden off you by handling evidence gathering, interviews and investigations, negotiating with insurance companies and their attorneys, filing legal forms and paperwork, appearing in court, and taking your case to trial if necessary. We can start working immediately to get you and your family the best possible outcome from your birth injury claim. By letting us handle the legal issues, you can concentrate on your child’s recovery and your family’s emotional needs.
Call a Houston birth injury lawyer now at (713) 973-8888 or toll-free 1 (800) 444-5000 to get started with your free case evaluation.
Damages in Birth Injury Claims
The losses that you are awarded payment for in a birth injury lawsuit are called damages. The damages your child has experienced will depend on the type and severity of their injury. There are many factors birth injury attorneys consider when calculating how much payment to demand for their client.
A few basic damages that might be factored into your claim include…
- Expenses for a child’s immediate medical treatment and care
- Future medical care and rehabilitation or physical therapy
- Expenses to cover a child’s special needs and education
- Modifications needed to a child’s home
- The need to build or purchase special adaptive equipment
- The amount of income lost over the course of a child’s entire lifetime
- The pain and suffering experienced by the child.
Texas has statutory limitations on the amounts that can be collected in medical malpractice cases. In general, non-economic damages, which are intangible losses such as pain and suffering, are limited to $250,000 per defendant, and $500,000 overall.
At Terry Bryant Accident & Injury Law, we know how important it is to demand payment that accurately reflects the costs a child and family will face — not just in the immediate aftermath of an injury, but over the course of their lives.
We will work with you to determine how much you are owed so that we can pursue compensation from healthcare providers and their insurers. These claims are about fairness. No family should bear the costs of a doctor’s negligence, particularly when the costs and damages are so great.
Call the birth injury lawyers at Terry Bryant today at (713) 973-8888 to start your claim.
Birth Injuries vs. Birth Defects: There is a Difference in a Birth Injury Lawsuit
It is important to distinguish the differences between the terms “birth injuries” and “birth defects,” which are commonly confused. Even if they produce similar outcomes, they are substantially different. A birth injury is trauma suffered by an infant during, after, or leading up to childbirth. If a birth injury was caused by a medical practitioner or someone else’s negligence, a birth injury lawsuit may be warranted.
A birth defect, on the other hand, involves a non-negligent physical or chemical flaw which is discovered at birth; it is usually either genetic or induced by external, non-medical factors.
Generally, there is no legal cause of action for a birth defect unless the defect can be traced to some sort of negligence – for example, a hazardous chemical spill or toxic pollution.
If you’re curious about whether your child’s injuries might warrant legal action, contact the Houston birth injury attorneys at Terry Bryant Accident & Injury Law. We will offer you a free case evaluation and help you understand the options you have available.
Call us today at (713) 973-8888.
A Litany of Possible Traumatic Birthing Injuries
There are many types of harm a baby can suffer due to medical malpractice of the doctor or a member of the birthing team or during aftercare.
Our experience has taught us that the following are the most common birth injuries:
- Brachial Plexus Injuries (BPI) – damage to the bundle of nerves that originate from the upper spine and go through the neck, shoulder, arm, and hand
- Bone Fractures – especially a fractured clavicle (collar bone)
- Perinatal Asphyxia – an oxygen deficiency in the blood, often due to insufficient blood flow to the fetus or newborn; the condition can clear up on its own or cause permanent neurologic damage
- Intracranial Hemorrhage – bleeding in the skull, commonly under the two innermost layers of the brain; a potentially serious injury
- Facial Paralysis – temporary or permanent damage to the baby’s facial nerves; often dissipates over time, but not in all cases
- Spinal Cord Injuries – many times this is more severe than most birth injuries; usually due to traumatic nerve/cord damage caused by the use of forceps during delivery
- Cerebral Palsy – caused by interruption of oxygen to the baby’s brain for several minutes or more during birth; occurs in approximately three of every 1,000 births
Not all birth injuries are caused by medical malpractice, but when negligence on the part of healthcare providers leads to injuries, you may have a legal case. Hospitals and providers have a duty to provide the best possible care at all times. Mothers and their babies should be under close supervision once they reach the labor room. Doctors, nurses, and other healthcare professionals are trained in the use of heart-rate monitors and ultrasound machines to catch many problems that could result in brain damage to the baby. By this time, the mother’s OB-GYN should have an intimate understanding of the baby’s size and the mother’s general birthing capabilities to avoid last-minute physical trauma during birth which could severely harm her or the baby.
Some Commonly Cited Causes of Birth Injuries Include
- Improper use of forceps or vacuum extractor during birth, which can cause facial damage and possibly nerve or muscle damage in the baby’s head and neck
- Fetal monitoring failures, such as failure to detect a dangerously low oxygen level which could cause Cerebral Palsy in the baby
- Abnormal birth presentation or position (e.g., breech or shoulder first)
- Large birth weight, which, if improperly diagnosed, could lead to several delivery challenges
- Umbilical cord prolapse or strangulation, which can cause hypoxia or other oxygen-starvation complications
- Failure to progress, or an abnormally prolonged delivery
- Pitocin (labor-induction medication) mistakes
- Vaginal delivery in mothers with small pelvis where a C-section is more appropriate
- Maternal infections such as Group B Streptococcus
- Failure to send a damaged newborn to a special neonatal care unit or call in a specialist when necessary
The above conditions are not a comprehensive list, by any means. But they serve as examples of the many things that can go wrong during the weeks leading up to, and on the day of, your delivery. We haven’t even touched on the negligent issues found during neonatal care after birth. Nor do any of these factors on their own mean a birth injury did indeed occur.
It is the mismanagement of these conditions that can lead to an injury and result in serious medical conditions, permanent disabilities, disfigurement, and, in many cases, a lifetime of medical bills and special care for your child – possibly for their entire life.
The Duty of Care of Doctors and Nurses
A lot can go wrong during the birthing process. No one knows this more than the doctors and nurses that care for mothers and infants every day. These medical professionals are tasked with doing everything possible to ensure that a mother and child receive the best care possible. No doctor or nurse is perfect. However, a doctor or nurse can be held liable if they fail to offer patients care that meets the basic standards of their profession.
Healthcare professionals know the signs of a complication during birth. They know when a mother’s condition poses health risks to her and her child. They are obligated to identify these risks, respond to them, and provide the best care possible. When a doctor or nurse gets it wrong because they are simply careless or reckless, they should be held accountable for the consequences of their negligence.
You might not be sure that your doctor or nurse was negligent in the care they provided you and your child. It’s not easy for most patients to determine negligence, and, fortunately, they don’t have to. When you work with an experienced, skilled birth injury attorney, you can leave that task to your lawyer.
At Terry Bryant Accident & Injury Law, we will find out who was at fault for your child’s injury, and we will hold them accountable for the costs of their actions. Evidence may disappear over time and witnesses become more difficult to find and their memory of what happened may fade, so it is important to start our investigation as soon as possible.
Call the birth injury lawyers at Terry Bryant today at (713) 973-8888.
Why a Child’s Injuries Are Different
When an adult suffers a serious injury, they might deal with the consequences of that injury for the rest of their life. An injured 40-year-old might live with pain, limited work capacity, and ongoing medical care for another three or four decades.
Conversely, an injured newborn will be forced to deal with the consequences of an injury throughout their entire lives. Unlike adults, children are in a crucial developmental stage, and that development will likely be impaired by their injury. A child might struggle with…
- Education and educational opportunities
- The ability to perform routine tasks
- The need for ongoing medical care
- Limited job opportunities
- Physical and emotional pain and suffering.
Not only will a child struggle with these challenges, but their family will also face difficulties paying for adequate medical care. Families might have to facilitate a child’s special needs, which can be costly. The emotional toll on a marriage and relationships with other children is enormous as well.
Because a birth injury can affect a child and that child’s family in profound ways, these cases should be approached differently than many other personal injury cases. If you’re considering taking legal action for the harm your child has suffered, make sure you contact an attorney who has experience in handling birth injury cases.
At Terry Bryant Accident & Injury Law, we have years of experience handling birth injury claims. Our Houston birth injury attorneys are ready to help you get the compensation you need to offer your child all of life’s opportunities.
Contact us today by giving us a call or filling out our online contact form.
Can You Afford a Birth Injury Lawyer?
Many families might be reluctant to file a birth injury claim because they fear that hiring an attorney will be too costly. Our birth injury attorneys work on a contingency fee. Our NO-FEE GUARANTEE™ ensures that you pay us nothing if your case is unsuccessful. We believe in our team’s ability to get results, and we want to make sure that no client is forced to pay fees if they don’t receive compensation through their birth injury claim. Texas has time limits, or statutes of limitations, for both parents and injured children to file birth injury lawsuits, so it makes sense to get legal guidance immediately. We encourage you to contact our firm to learn more about your legal options.
Call a birth injury lawyer at Terry Bryant Accident & Injury Law today at (713) 973-8888 or fill out our online contact form to schedule your free case evaluation.
Care for Your Baby While Our Birth Injury Lawyers Protect You and Your Family
Birth injury cases are rarely resolved in a few months. How long it takes depends greatly on several factors, such as the severity of the injury, the number of witnesses to the negligence, available medical records, and the willingness of the medical defendant(s) – and their malpractice insurers – to resolve the case.
In instances where birth injuries are caused by medical negligence or careless mistakes made by any of your healthcare provider’s team, you have the legal right to hold them accountable. In some cases, the hospital itself may be liable.
Our birth injury attorneys thoroughly investigate your case and build a strong claim on your behalf, so you can focus on your child’s needs. We have more than 35 years of experience fighting for the rights of injured victims and their families. We can – and will – fight for you, too.
Call the Houston birth injury lawyers at Terry Bryant today at (713) 973-8888 to arrange a free evaluation of your case. We want to help.