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When Are Birth Injuries Considered Medical Malpractice?

Patients entrust the health of their children to experts like physicians and medical professionals. When the negligence of these professionals causes a birth injury to an infant, this can mean a lifetime of struggling with developmental delays, brain damage, physical disability or even the death of an infant.

As with many legal claims, the law requires injured parties to file lawsuits after meeting specific requirements. Below, our Houston personal injury attorneys discuss the requirements for a medical malpractice lawsuit based on a preventable birth injury claim in Texas.

What is a birth injury?

A birth injury is any injury to an infant that occurs during or near the time of birth. These injuries include birth trauma, excessive pressure on the baby or the baby’s head, birth asphyxia or oxygen deprivation, failure to prevent or treat an infection, brachial plexus injuries and many other complications.

Who can be liable for birth injuries?

When a birth injury was preventable, the responsible physicians, health care providers and other professional staff that were entrusted with the baby’s care may be liable.

What is medical malpractice?

Medical Malpractice simply means substandard health care. Generally, medical malpractice occurs when a doctor or health care provider fails to conform to an accepted standard of conduct or care within the profession and therefore breaches a duty owed to the patient. In such situations, the health care professional is responsible for the harm that resulted from the substandard care.

In Texas, patients injured due to a lack of proper treatment or treatment that deviated from accepted medical or health care standards may bring suit against their physician or health care provider.

Negligent management of the delivery and/or neonatal care of an infant that hurts a baby, can be a basis for a medical malpractice lawsuit.

Recovery and Damages

When a baby’s harmed by medical negligence the baby’s parents can seek a recovery for their child’s losses.

It is important to remember that you have a limited time after your baby’s injury to file a claim and obtain justice. We have the expertise to help you through this complex process as compassionately and efficiently as possible.

If you believe you or a loved one are the victim of a preventable birth injury, our Texas birth injury attorneys can help.

Contact the Ammons Law Firm today for a free consultation at(281) 801-5617.

Our Firm Will Fight for Your Right to Compensation
  • We Wrote the Book on Tire Defect Litigation

    Attorney Rob Ammons has not only handled some of the most complex tire defect cases but also wrote the book on how to properly litigate these types of cases.

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    Our seasoned legal professionals have handled some of the largest personal injury claims nationwide and have a strong track record of favorable outcomes.

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