San Antonio Birth Injury Attorney
Holding Responsible Parties Accountable for Life-Altering Negligence
When a baby is injured during the process of being born, it can be a traumatic experience for the parents. Not only do they have to deal with the physical and emotional healing of their child, but they may also face legal challenges. This is when birth injury lawsuits can happen. Birth injury claims to deal with all aspects of birth injury cases and can help families get the compensation they deserve.
Our San Antonio personal injury lawyers have years of experience dealing with all types of birth injury cases and can help you navigate the legal process. They will work with you to build a case that proves the negligence of the hospital or doctor responsible for your child’s injury. This can help you get the financial support you need to cover your child’s medical expenses and other related costs.
If you or someone you know has a child who suffered an injury during childbirth, it is important to contact a lawyer as soon as possible. The team at Pelaez Law Firm, Crash Angels understands what you are going through and will work tirelessly to get you the compensation you need and deserve. Contact us today for a free consultation at (210) 801-9314
What is a Birth Injury?
A birth injury is an unexpected and often preventable trauma that occurs during labor and delivery, resulting in physical or psychological harm to the baby. Birth injuries can be caused by a wide range of issues, such as medical negligence, improper use of forceps or vacuum extractors during delivery, or failure to monitor fetal distress adequately.
Most birth injuries can be prevented with proper medical care and monitoring. Doctors and nurses need to be aware of any potential risks and take steps to avoid them. Failing in this duty can leave healthcare professionals liable for damages in a birth injury claim. Of course, the truly tragic outcome is that such negligence can lead to life-long difficulties and conditions for injured infants.
If you are concerned that your child may have suffered a birth injury, it is important to seek legal advice. An experienced birth injury lawyer in San Antonio can help you get the compensation you deserve.
What Are Some of the Most Common Birth Injuries?
It’s an unfortunate reality, but there is no shortage of potential birth injuries suffered by infants. As a law firm that will not hesitate to file a medical malpractice lawsuit on behalf of our clients, we’ve seen countless health consequences described to judges and juries. This is why we understand the absolute importance of financial compensation. You didn’t ask for what you’re up against, and the road ahead will no doubt be difficult. Fortunately, an experienced San Antonio birth injury lawyer can assist if your child suffered any of the most common birth injuries:
- Brachial Plexus Injury: A brachial plexus injury is caused by damage to the nerves that control movement and sensation in the arm. It can be caused by too much pressure on the baby’s neck during a difficult delivery or an excessive pulling motion.
- Cerebral Palsy: Cerebral palsy is a disorder that affects muscle coordination and body movement as a result of damage to the brain before or during birth. Symptoms may include difficulty with motor skills, mobility, balance, speech, learning, and more.
- Fetal Stroke: A fetal stroke occurs when there is a disruption in blood flow to the fetus, causing oxygen deprivation and brain damage. It often happens during labor or delivery when something goes wrong, such as an umbilical cord being wrapped around the baby’s neck or not enough oxygen reaching the placenta.
- Birth Asphyxia: Birth asphyxia, or oxygen deprivation during birth, is one of the most common causes of fetal death. If a baby is deprived of oxygen for too long, it can cause serious health problems, such as brain damage, learning disabilities, and physical disabilities.
Experienced birth injury lawyers understand how difficult it can be to cope with a birth injury and handle these cases accordingly. You’re likely watching terrified as medical bills increase at a time when you may be unable to work. Even worse, these difficulties don’t typically just go away over time. Improper medical care can have consequences that last years beyond the initial negligent act. Fortunately, Texas law offers remedies for families who are up against these challenges.
At Pelaez Law Firm, Crash Angels, we take our time to review every case carefully and focus on getting you the compensation you deserve. Contact us today for a free case review.
What Kind of Compensation Can I Expect from a Birth Injury Lawsuit?
The compensation you receive from a birth injury lawsuit will depend on the severity of your child’s injuries, any long-term effects or disabilities, and other factors specific to your case. You may be eligible for both economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, mental anguish, disability accommodations, and more. Your birth injury lawyer will work with you to make sure that you get the full compensation you deserve.
The party or parties responsible for the birth injury can be held liable in a civil lawsuit. This may include the doctor or nurse who delivered the baby, the hospital where the delivery took place, or the manufacturer of any medical equipment used during the birth. Unfortunately, identifying all liable parties in these cases can be a difficult task. It is important to contact a birth injury lawyer as soon as possible to determine who is responsible and start building your case.
When Should You Contact a Birth Injury Lawyer?
If you suspect that your child’s birth injury was the result of medical negligence or any other form of malpractice during labor or delivery, then it is important to contact a birth injury lawyer as soon as you possibly can. These cases can be complex and must be handled carefully to get the best results. An experienced birth injury lawyer will work with you to identify all of the parties responsible for the birth injury and ensure that you get the compensation you deserve.
Even if you’re unsure if you have a valid birth injury case, contacting a legal professional is a wise decision. At Pelaez Law Firm, Crash Angels, we offer a free consultation so all our prospective clients can get a better understanding of their options. We don’t believe people should have to pay just to learn about their options, so let’s sit down today and discuss your case. We also work on a contingency fee basis, so you won’t pay a dime unless we secure compensation on your behalf.
Is There a Deadline for Filing a Personal Injury Case for Birth Injuries?
When injuries occur due to medical mistakes, the victims of these mistakes have substantial legal recourse. However, this recourse is not without limits. One of the most common birth injury questions our legal team hears relates to deadlines for filing claims. Unfortunately, these deadlines do exist. Even though these are preventable injuries that should’ve never happened, it’s often the case that a legal claim related to medical errors must be filed within two years. Filing outside of this deadline could mean you’ll face the financial burdens of your baby’s injuries alone.
However, there are some exceptions to the law. For instance, birth injuries will not always be immediately apparent in a child’s life. Just consider some of the most serious harms suffered by infants that could take years to showcase in the form of symptoms:
- Brain injuries: These may not become apparent until developmental delays or learning disabilities occur
- Cerebral palsy: This condition may not become apparent until parents recognize abnormal muscle tone or fine motor skill difficulty
- Nerve damage: A parent may not realize their child has impaired reflexes or weakness in their arms or hands for years
- Spinal cord injuries: Not all back injuries are immediately obvious. Symptoms (e.g., delayed ability to stand, gradual loss of motor function) may take time to become apparent
- Hearing or vision loss: A child’s vision or hearing problems might not be noticeable until they’re old enough to speak
Fortunately, Texas law recognizes that these situations exist. If there’s delayed discovery of a birth injury, then the two-year statute of limitations doesn’t start running until discovery has occurred. A two-year statute of limitations also exists if a child dies. If you believe your child’s health was negatively impacted due to someone else’s negligence, it’s critical that you speak with the San Antonio birth injury attorneys at Pelaez Law Firm, Crash Angels. Our dedicated legal team understands what you’re up against, and we won’t stop fighting to secure maximum financial compensation on your behalf.
Should You Accept a Medical Malpractice Insurance Settlement?
Medical malpractice cases — including birth injuries — are an expected outcome in the healthcare field. Not all medical providers will face legal claims due to mistakes, but medical malpractice insurance is an essential aspect of working in the industry. This means that a settlement offer may be forthcoming when birth injuries happen. While the majority of these cases are resolved via settlement negotiations, it’s important to make sure the insurance company isn’t trying to take advantage of you. Insurers are focused on profit, not on properly compensating you for their policyholders’ mistakes.
If your child suffered a serious injury before, during, or after delivery, it’s important to work with an experienced personal injury lawyer. These legal professionals can handle settlement negotiations on your behalf and ensure adjusters don’t use any tricks to reduce what you’re owed. A San Antonio birth injury lawyer will also realize when fair compensation isn’t coming in the form of a settlement, and if this is the case, litigation may be necessary. At Pelaez Law Firm, Crash Angels, we know that insurers won’t always be prepared to fairly compensate victims for a personal injury claim.
That’s why our trial lawyers are not afraid to take our clients’ cases to court. You need a dedicated and vigilant legal professional on your side, and that’s exactly what our law firm offers. If a personal injury lawsuit becomes necessary, we’ll work hard to secure economic, non-economic, and even punitive damages on your behalf. Our goal is to maximize your compensation. Contact us today for a free initial consultation.
Contact a San Antonio Birth Injury Lawyer Today
If you believe your child’s birth injury was caused by negligence or other wrongful acts, it’s important for you to understand your rights. Keep in mind that not all birth injuries qualify for a legal claim. Unfortunately, it’s a simple fact of life that bad things happen — and sometimes, there’s no one to blame. However, you should never just assume that this is the case. The lifelong costs of birth injuries are often astronomical, so if there’s even a small chance to recover compensation from a liable party, you should at least discuss your situation with a good birth injury lawyer.
At Pelaez Law Firm, Crash Angels, we understand that being a medical provider is a difficult and challenging career. However, we also understand that accepting such a career comes with unique responsibilities. If you believe that a medical professional failed to uphold their duty to cause no harm, then it’s up to you to reach out for legal assistance. A knowledgeable San Antonio birth injury lawyer can provide the guidance and support you need to ensure justice is served. Don’t wait any longer; contact an experienced birth injury lawyer at (210) 801-9314.