Birth Injury Lawyer Houston, TX
Birth Injury Lawyer Houston, TX
A birth injury lawyer in Houston, TX understands that the most exciting time in a couple’s life is awaiting the birth of their child. It can be both elating and terrifying at the same time, especially if this is the first child. Many Texas parents worry that something could go wrong during the pregnancy or birth that could leave their child seriously injured or ill. This is why parents rely on medical professionals to closely monitor the pregnancy and to be alert and fully aware during labor and delivery of any signs of distress for mother and baby.
In the majority of births, the baby is born healthy. But tragically, thousands of babies suffer birth injuries each year because of medical negligence. National statistics show that 27 out of every 1,000 births involve some form of birth injury. There are certain standards that every obstetrician and midwife need to abide by when treating a pregnant women and failure of doing the following can result in devastating consequences.
Checking for Vital Signs
During each prenatal visit a woman goes to, the doctor or midwife should check all of her vital signs. This includes temperature, blood pressure, and weight. These simple checks can quickly indicate if there are any issues that could indicate an issue with the health of the mother and/or baby. Failure to perform these tests could result in conditions developing that could both their lives at risk.
For example, symptoms of gestational diabetes, pre-eclampsia, or high blood pressure show up during these simple but vital tests. These conditions put both mother and baby in a high-risk category where special precautions need to be taken. Obstetricians and midwives owe a duty of care to their patients of the same degree of care, skill, and diligence that a reasonable competent midwife or doctor would provide under similar circumstances.
As a Houston, TX birth injury lawyer can explain, under the law, similar circumstances include the area of obstetrics and the level of facilities and medical equipment available.
Medical Professional Failure
If the doctor or midwife fails to notice signs something is wrong or disregards these symptoms during pregnancy, labor, or delivery, the mother and baby could suffer serious and life-threatening injuries. Some of the more common our birth injury attorneys handle include:
- Confusing the infant’s heart rate with the mother’s during monitoring
- Failure to identify and treat conditions like Rh incompatibility, maternal or fetal infection, gestational diabetes, etc.
- Failure to respond to complications appropriately or in a timely manner during labor or delivery
- Miscalculating the size of the baby, resulting in a traumatic delivery
- Oxygen deprivation
When something goes wrong before, during, or shortly after your child is born the consequences can be permanent. If a doctor or nurse made a mistake with your child, you, the parents, are going to be living with consequences and potentially watching your child struggle because sometimes these consequences are lifelong and they cause disabilities. Furthermore, the consequences of a birth injury are going to cost the family use of these children a lot; and depending on the severity of the birth injury, these families might be paying out for a very long time which could cause them to struggle.
What are some possible birth injuries that my child may be affected by?
Infants can suffer a wide variety of birth injuries such as bleeding in the brain, brain damage, brain swelling, cerebral palsy, Erb’s palsy, brachial plexus palsy, facial paralysis, hypoxic-ischemic encephalopathy, skull fracture, and more. So if you are concerned that your newborn has been injured by their physician during the birthing process you should talk to your doctor right away and if you believe that this injury was preventable and was caused by a medical mistake you should contact your birth injury lawyer in Houston TX immediately.
What are some common symptoms of a birth injury?
If you are a new parent or you are simply someone who has never dealt with a birth injury in any capacity before then you are not going to know what you should be looking for and that’s okay. Some of the most common symptoms of a birth injury are your child having a floppy appearance which is an indication of muscle tone lacking, your child having abrasions, bruises, marks or swelling on their face, head, or their shoulders, your child not breathing independently after they were delivered, the child having one arm that appears to be limp and unmoving, if your child had CPR or had a breathing tube to be resuscitated, or if your child has seizures that develop within 48 hours of their delivery and you might be looking at a birth injury or something more serious.
This is not a complete list of birth injury symptoms and sometimes injuries can take months or years to be recognized. If you believe that your child is displaying signs of a birth injury or delayed development that could be tied to a birth injury you should talk to your birth injury lawyer in Houston TX about a case.
What is the difference between a birth defect in a birth injury?
This is important to know because you cannot sue somebody for a birth defect. Birth injury is something that’s going to go wrong during delivery while birth defects are something that the child had prior to being born, which means that occurred during the pregnancy or even before the pregnancy. Birth injuries are avoidable but birth defects are not.
Will a lawsuit always be successful if a baby is harmed or has a birth injury?’
Answer… No. And this is because some birth injuries are unavoidable, such as if you are having hard labor in your child is turning in the wrong direction, your child may be more likely to come out with brachial plexus injuries; and we can bet that when you are given the option of your child dying because they cannot get it out of you in time, or your child having a minor injury to deal with for a few months, you are going to cheers the injury.
Reach out to John K Zaid & Associates to discuss your birth injury case today.
A trusted birth injury lawyer in Houston, TX families rely on knows that it is a heartbreaking time for any parent when they realize their child and/or the mother of the child has been injured during birth. This time should be filled with getting to know your newborn and introducing them to your family and friends, but instead is filled with hospital visits, medications, and confusion when looking towards the future. If you or your child are victims of a birth injury and medical malpractice due to the negligent actions of another party, you should consult a birth injury lawyer serving Houston, TX who focuses on birth injuries as soon as possible. Under Texas and federal law, your family and child are entitled to monetary compensation for your suffering and the wrongful party deserves to be put on trial for their actions. A professional birth injury lawyer in Houston, TX here at John K. Zaid & Associates, we have years of experience in bringing justice to the mother and child and getting them the peace and comfort they deserve during this trying time.
What Exactly Is a Birth Injury?
A birth injury is an entirely preventable injury that was caused before, during, and after birth to either the mother and/or child. Typically, these injuries are caused by unnecessary trauma to the mother or child, such as :
- Prescribing the mother harmful medication while knowing she was pregnant
- Using extreme force during the birth, like pressing too hard when using forceps
- Knowingly depriving the child’s brain of oxygen before they are able to breathe by themselves
- Improperly using medical equipment or pharmaceuticals
Our firm of birth injury lawyers in Houston, TX counts on has successfully been able to help children with birth injuries that have suffered from:
- Cerebral palsy
- Brachial plexus injury, known as Erb’s palsy or Klumpke’s palsy
- Spinal cord injuries
- Bone fractures, in both the mother and child
- Facial paralysis
- Cervical dystonia
These are only some examples of birth injuries. If you believe your child has sustained an additional injury that is not on this list, please call John K. Zaid & Associates as soon as possible for a consultation with a birth injury lawyer for Houston, TX.
What Kind of Compensation Do You Have the Rights To?
Typically, there are two different types of compensation that families of victims of birth injuries have access to. Financial compensation for medical expenses: this includes financial coverage for any and all expenses you had for the medical care of your child after the injury was sustained. Financial compensation for your child’s future quality of life: this form of compensation will give the family ongoing financial coverage as the child gets older. Common examples of this include paying for occupational and physical therapy, any assistive devices needed, special educational facilities and teachers, and even lost wages if the injury prohibits the child from working as an adult. In some cases, a Houston, TX birth injury lawyer will be able to create a life-care plan with a detailed expense projection for the lifetime of the disabled child.
Trust In Our Firm to Bring Peace For Your Family
You can trust the lawyers at John K. Zaid & Associates to be your legal voice in your family’s time of need. Our firm is made up of experienced professionals when fighting for victims of birth injury, so call a birth injury lawyer in Houston, TX trusts today to get your case started.
Who Is The Birth Injury Lawyer Houston, TX Families Trust?
As any parent who has ever had a child can attest, one of the most joyous times in their life is the day they become a parent. After planning and waiting for nine long months, the day arrives and your baby is finally here. But for too many parents, that day quickly can quickly become a tragedy they were not prepared for. The legal team at John K. Zaid & Associates has been advocating for families in Houston, TX since 2002.
An injury to your newborn may have been caused due to medical malpractice by the pediatrician or medical support staff. If you are seeking compensation for a serious injury to your child, consider consulting Who is the best birth injury lawyer in Houston, TX from John K. Zaid & Associates. Our legal team may be able to negotiate a substantial settlement from the responsible party to pay for the costs associated with your child’s injury. We understand the emotional torment you and the rest of your family may be experiencing. We make every effort to fight for the rights of victims when they have been injured by someone who was negligent or careless. Who Is the Best birth injury lawyer in Houston, TX? Call us today to discuss your case with an experienced lawyer from our firm.
Complications can develop during the birth of your child. Sometimes it is avoidable but for the improper actions or inactions of a medical professional. In these scenarios, the victims and their families have the legal right to seek compensation. A substantial settlement award cannot reverse the events that occurred, but it may make it possible to pay for medical treatment that can greatly increase the quality of life for the victim. If you believe your child may be suffering from any of the below injuries due to medical malpractice, contact a birth injury lawyer in Houston, TX from John K. Zaid & Associates immediately.
Common Birth Injury Conditions
When an infant is born with something physically wrong, the assumption may be that it is a birth defect. However, in many cases, these conditions are actually a result of a birth injury that occurs during labor and delivery. These injuries are usually the result of a preventable medical mistake. Birth injuries not only affect the physical and/or emotional well-being of a child, they can also put a devastating financial toll on the family. Raising a child is expensive. According to the latest national statistics, the cost of raising a healthy child from birth to age 17 is $233, 610.
The cost to raise a child with a birth injury is astronomical. For example, 15 years ago, the CDC calculated the cost of raising a child with cerebral palsy at $921,000. With inflation, that amount in 2017 is approximately $1.25 million. The majority of families whose baby was a victim of a preventable medical error that resulted in a birth injury may be entitled to financial damages from the medical staff and/or facility responsible for those injuries.
At John K. Zaid & Associates, we have successfully represented many clients in obtaining the compensation they deserved and needed after a serious accident. Some of the more common birth injury cases that Houston, TX families have faced include:Bone Fractures
Bone fractures are one of the most common birth injuries and often heal on their own, however, fractures can be very painful for infants, just as they are in adults. These injuries are usually caused by negligence on the part of the labor and delivery staff, especially during a complicated or difficult delivery. One of the most common bone fractures caused by a preventable medical error is in an infant is the collarbone.
Brachial Plexus Injuries (Erb’s Palsy)
The brachial plexus is the network of nerves that send signals from the spine to the shoulder, arm, and hand. Sometimes, as the baby passes through the birth canal, these nerves get compressed, stretched, or can even be torn or ripped apart from the spinal cord. Although this injury can eventually heal, there are many cases where the injury does not heal properly. In extreme cases, where the nerves are completely torn from the spine, the infant can be left paralyzed.
If there is a reduction of blood flow during labor and/or delivery, the infant can suffer severe brain damage. The reduction in blood flow causes the death of brain tissue or a stroke.
Cerebral palsy can occur whenever certain conditions interfere with normal blood flow to the brain, a state of “fetal distress” during labor and/or delivery. This condition is characterized by weak muscles, muscle spasms, and issues with motor skill development. There is no cure.
Perinatal Asphyxia or Hypoxia
When an infant doesn’t receive enough oxygen before, during, or after delivery, they can suffer brain damage. The amount of damage is dependent on how long the newborn was deprived of oxygen and how quickly the correct treatment was given. A birth injury lawyer in Houston, TX from John K. Zaid & Associates can work with a family to investigate what happened, what went wrong, why it went wrong, and who may be responsible for the child’s injury. Trying to find answers on your own from a doctor, staff or health provider may be futile without the help of a seasoned attorney.
How a Birth Injury Lawyer Can Help
Attorneys who are familiar with cases like yours may be aware of the signs related to birth injuries such as abrasions, weak reflexes following delivery, and bruises. Some symptoms that can arise later include the following:
- A child not reaching an important growing milestone such as walking, standing upright, or crawling.
- Thin muscle mass and/or neurological coordination problems.
- Disabilities or learning challenges.
A birth injury lawyer from John K. Zaid & Associates can assist you in determining if your baby suffered an injury that was preventable. If any information we have described thus far applies to you, we highly suggest reaching out to us today.
Who is the best Birth Injury Lawyer Houston, TX Families Turn to for Help?
Call us to receive your first free consultation with a birth injury lawyer in Houston, TX from John K. Zaid & Associates. We can review in detail the nature of your child’s injury and how it might relate to medical malpractice. Find out more by scheduling a free case review with a birth injury lawyer Houston, TX trusts today! Any complication surrounding the birth of a child is inherently traumatic for all parties involved, perhaps especially if the complication could be avoided altogether. Many new parents are confronted with the hardships that a birth injury brings, such as short-term and long-term disability.
Unfortunately, it has been found that a large portion of birth injury cases are completely preventable. In particular, the cases which involve the negligence or malpractice of the medical professionals handling the birth tend to be wholly or significantly preventable. When a preventable birth injury occurs, it is important for the affected parents to explore their legal options. Birth injury treatment and recovery can be extraordinarily expensive. Holding the negligent or reckless party who caused the birth injury accountable can help to ensure that the injured infant has access to compensation that can (at minimum) cover medical expenses now and into the future.
An experienced Houston, Texas birth injuries lawyer can help overwhelmed parents understand the legal options available to them. As you prepare for a consultation with the legal team at John K. Zaid & Associates, please consider browsing the following basic information about birth injuries. If this information inspires any questions, please write down those concerns and bring them to your risk-free meeting. We will be happy to answer them all.
How are birth injuries different from birth defects?
Birth defects are often unavoidable because they generally represent conditions predetermined by the DNA of both parents. Alternatively, birth injuries refer to circumstances where an incident occurred during the pregnancy or birth that resulted in a temporary or permanent disability. Birth injuries are often avoidable, although not always. An experienced Houston, TX birth injury lawyer can help to clarify the difference and how that difference may impact your child’s case.
Will I be eligible for compensation?
In certain situations where the injury was a result of a negligent party’s actions or inactions, you may be able to seek compensation with the assistance of a Houston, TX birth injuries lawyer. An example of a birth injury suit would be when a doctor failed to correctly respond to a complication during the pregnancy/birth. Other cases of medical malpractice are grounds for filing a suit, such as misdiagnosis and incorrect treatment. Even in cases of general negligence, such as miscommunication or lack thereof, can be grounds for a birth injury suit.
Will my case work in a court of law?
Unfortunately, there’s no real way to tell whether or not you have a straightforward case until you contact a Houston, TX birth injuries lawyer. Some cases will certainly be easier to prove than others but since not all birth injuries are avoidable, you may not have a straightforward case. Exploring your legal options will clarify your unique situation.
Is filing a suit worth it?
It is ultimately your decision to file a birth injury suit or not, but dealing with the resulting financial complications from a birth injury can be devastating. The compensation you could potentially receive from your settlement could take care of any current and future medical bills as a result of the injury, as well as any long-term disability care costs. Moreover, you may find that the act of seeking some type of justice or retribution for you and your child is, in itself, worth it – regardless of the outcome.
Contact Our Office Today
If your baby suffered birth trauma and you suspect negligent medical care was the cause, you need a skilled Houston, TX birth injury lawyer advocating for your family. Call John K. Zaid & Associates to schedule a free and confidential consultation.