Childbirth in Texas should be a joyous time for expectant parents. However, complications can develop with life-long consequences for the baby or the mother in labor. When the injuries are due to medical malpractice, the stress can be overwhelming.
When a child is born at a hospital, negligence can be caused by the physician, a nurse, an attendant or another member of medical staff. For example, medications may be given to the mother or child depending on circumstances. If the wrong dosage or incorrect medication is given, serious adverse reactions can be the result. An act as simple as lifting the infant improperly can have long-term effects for the child. If the child is raised by the arms without support to the back or head, it can cause a condition called Erb’s palsy.
For those who choose to use a midwife, negligence can still occur. Most midwifes have limited medical training and are not equipped to deal with many complications, such as an emergency caesarean section. Action must be taken in minutes in some of these situations, and when they occur, there is insufficient time for medical personnel to arrive on the scene.
Negligence is a failure to use reasonable care. In the malpractice field, the standard of care is judged in context with other medical providers in the community. For instance, an OB-GYN is charged with the standard of care of other OB-GYNs in the community. A midwife has the standard of care of other midwives in the local community.
For those who have suffered birth injury due to medical malpractice, a personal injury attorney may explain the applicable standards of care and whether any institutions are responsible parties. Damages may include such losses as past and future medical expenses, therapy costs, pain, suffering and loss of society.
