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HOW CHILDBIRTH INJURIES MAY LEAD TO MEDICAL MALPRACTICE CLAIMS

By Luke Dow on October 05, 2015

There are few tragedies that compare to an injury to a child at birth. In these situations, it is common for parents to feel helpless and unsure where to turn.We understand that no amount of money can undo the trauma of seeing your child in pain or living with a lifelong ailment, but if your case qualifies as medical malpractice, then the at-fault party may be liable for medical expenses and pain and suffering damages.

An Austin personal-injury attorney from the Luke Dow Law Firm can evaluate your circumstances to determine if filing a lawsuit would be in your best interests. Luke Dow is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

If you believe that your child's injuries were the result of physician negligence, call us today at 512-518-4104. In the meantime, read on to learn how childbirth injuries may lead to malpractice lawsuits:

Prenatal Negligence

According to Texas' Civil Practices and Remedies Code, doctors have an obligation to provide a certain standard of care to patients at all times. This extends to mothers and babies during the prenatal stage of pregnancy.

There are several complications that can occur during the pregnancy stage. Although some of these problems are not the doctor's fault, others may constitute medical malpractice. As with all malpractice cases, the victim will need to prove that the doctor behaved negligently, and that this negligence led to a specific injury.

Most malpractice claims that involve prenatal care stem from a failure to diagnose a serious medical condition in the mother that affected the child. Other cases involve a doctor's failure to identify birth defects. You may also have grounds for a malpractice claim if a doctor does not diagnose a specific illness or disease that spread to the fetus.

During The Birth Process

Childbirth is a physically demanding process, and a doctor's negligence can cause serious injuries to both the child and the mother. According to Stanford Children's Health, injuries during birth are not as common as they once were. However, they can cause lifelong complications for the child.

The doctor has a responsibility to monitor the mother and the fetus's health. If an issue arises, the physician must respond appropriately in order to avoid any complications. If the doctor fails to use the birthing equipment correctly, or does not order a cesarean section when necessary, then you may have grounds for a malpractice claim.

Recovering damages in a medical malpractice claim is a complicated process. These cases usually require expert testimony and extensive evidence to prove the negligence. For this reason, it is important for victims to consult an attorney who has access to the necessary resources to structure a claim.

If you believe that you or your baby received negligent care during the prenatal or birthing stage of pregnancy, call the Luke Dow Law Firm at 512-518-4104. An Austin personal-injury lawyer from our practice will investigate your case to determine if you may have grounds for a medical malpractice lawsuit.

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