Can I Sue for Birth Injuries in Texas?

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birth injuries texas

You might not know what to do if your child sustained an injury during their delivery. Depending on the severity of your child’s injuries, he or she may need significant long-term medical care and rehabilitation. Most people probably can’t afford these practical financial concerns. However, you do have options. In fact, you may be able to receive compensation through a birth injury lawsuit. For more information on suing for birth injuries, please read on, then contact an experienced Houston, Texas forceps injuries lawyer today.

How do birth injuries happen in Texas?

The birthing process is hazardous, especially if negligence occurs. Birth injuries are any damages that occur as a result of physical pressure during the birthing process, usually during the transit through the birth canal. Many newborns have minor injuries during birth, such as damaged nerves and broken bones. According to the Merck Manual, doctors, nurses, anesthesiologists, EMTs, radiologists or a hospital practice may cause a birth injury.

What types of birth injuries can I sue for in Texas?

Given that broad definition, infants and newborns may suffer a wide variety of birth injuries, ranging in severity. Some of the most common include:

  • Head injuries: Includes bleeding outside the skull and under the scalp as well as in and around the brain. The use of forceps may also cause a fractured skull or facial nerve injury.
  • The brachial plexus: If medical personnel stretch one or both arms, they may injure this group of nerves between the neck and shoulder, causing weakness or paralysis.
  • Spinal cord injuries: While rare, some medical personnel may overstretch the newborn and cause permanent paralysis below the injury site.
  • Broken bones: Even during a “standard” delivery, the newborn may sustain broken bones such as the collarbone, upper arm and upper leg.
  • Perinatal asphyxia: Caused by decreased blood flow to the baby’s tissues or decreased oxygen in the baby’s blood before, during or just after delivery, this condition may injure the infant’s organs, including the heart, lungs, brain, kidneys and liver.

If your child sustained birth injuries during their delivery, you should strongly consider retaining the services of a skilled Houston, Texas birth injury lawyer immediately.

How long do you have to file a birth injury lawsuit in Texas?

This is a complicated question. It depends on who exactly is filing the claim. Parents can file a birth injury claim up to two years from the date of diagnosis. The child can file for a claim until two years following his or her eighteenth birthday. Therefore, a child injured during birth may have until their twentieth birthday to file a claim.

Give us a call before you proceed, so we can discuss the particulars of your case.

Contact Our Team Today

If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.