The birth of a child is a time of immense joy and delight and often signals the start of new beginnings. When this joy is interrupted by the emotional distress of watching your child suffer from an injury or illness, the pain and trauma can leave an indelible mark.
However, if this injury resulted from someone’s negligence, there may be a cause of action to pursue a legal claim. When your child suffered an injury at birth, consider speaking with a Bellaire birth injury lawyer. While no amount of compensation can detract from the physical and emotional toll this situation can inflict, a skilled attorney could help you hold any responsible individual or entity accountable.
Birth injuries can stem from a wide range of instances of medical provider negligence. Parties that could be legally liable in a birth injury claim include the hospital, doctors, nurses, and other medical staff. Some of the most common birth-related injuries include internal injuries and bleeding, organ damage, broken bones, spinal cord injuries, neck injuries, and brain injuries.
Certain conditions such as Erb’s palsy, hypoxic-ischemic encephalopathy, or cerebral palsy may, in some cases, be the consequence of medical negligence, such as improper pulling of the head, neck, or shoulders, or misuse of forceps during the labor and delivery process. An attorney in Bellaire could dig deeper into the factors leading up to the birth injury and assess whether one or more parties could be liable for what happened.
A seasoned attorney understands the specific elements that must be established to hold a medical provider liable for birth injuries in Bellaire. For all medical negligence cases, four primary elements must be present: a duty, violation of the duty, causation, and damages. In other words, the claimant must show the medical provider owed them a duty of care and, whether by their action or inaction, failed to uphold that duty.
This action or failure to act must have been the direct cause of the alleged birth injury and subsequent damages for which the claimant seeks compensation. When the medical provider failed to apply the same standard of care that another medical professional with comparable education and experience would have given in the same circumstance, they might have exhibited negligence.
In a successful birth injury claim for compensation in Bellaire, there may be a range of compensation that is recoverable. For example, it may be possible to claim compensation for past and future medical expenses. Compensation may also be available for intangible losses associated with a birth injury, such as pain, suffering, and mental anguish. An attorney could review the situation leading to the birth injury to identify all individuals or parties whose negligence played a role, while vigorously pursuing the full range of compensation that may be available.
Birth injury cases can be notoriously difficult to prove. Having an experienced Bellaire birth injury lawyer at your side could give you your best chance of pursuing the most favorable outcome.
An attorney could help you seek all forms of compensation available when your child suffered due to a medical provider’s negligence and sustained harm. Call now to speak with a legal representative and receive a confidential review of your potential case.