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Understanding your rights: navigating birth injury claims

On Behalf of | May 16, 2024 | Birth Injuries

Discovering your newborn has suffered a birth injury is devastating. As a new mother, it’s important to know your rights. These rights can help secure your child’s future care and give you peace of mind.

What constitutes a birth injury caused by negligence?

Birth injuries range from mild to severe. Common types include cerebral palsy, brachial plexus injuries, and fractures. An injury is negligent if it results from healthcare provider errors. Examples include failing to monitor the baby’s oxygen levels or misusing delivery tools.

Steps to take if you suspect negligence

If you think negligence caused your child’s injury, start by securing all medical records. Document every detail since the birth. Consulting with a medical malpractice lawyer is also a good step to take.

Legal rights and options

Texas law allows you to file a medical malpractice claim for birth injuries. You must prove that the healthcare provider deviated from standard care practices and that potentially led to the birth injury. You have two years from the date of the injury to file a claim, so it’s best to act quickly.

Potential outcomes and considerations

Compensation from a birth injury claim can cover medical expenses, future care costs, and emotional distress. Whether to settle or go to trial depends on many factors. These include the strength of your case and your personal circumstances.

Support and resources

Seek emotional support from family, friends, or support groups. There are many resources available for people in your situation, including counseling services and community support groups.

Facing the reality of a birth injury is profoundly challenging for any new mother. Understanding your rights and taking the necessary steps can make a significant difference in securing the future care and well-being of your child.

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