While most physicians are sued for medical malpractice at some point, some specialties see a lot more legal action than other. OB/GYNs, for example, are named in the most lawsuits.
Despite the many advancements of medical science in the past few decades, birth injuries remain fairly prevalent. Some of the most common issues include brachial palsy, bruising, caput succedaneum, facial paralysis, and fractures.
If your son or daughter was hurt over the course of your pregnancy or during labor and delivery and you think doctors could have taken reasonable measures to prevent it, your family may have grounds for legal action. Should you choose to proceed, you can pursue compensation for the following:
1. Medical Expenses
It probably comes as no surprise that birth injuries can result in mounting medical bills for Mom and Dad. Thankfully, both past health care expenses and those you anticipate incurring over the life of your child as a result of the injuries are recoverable. If Mom suffered complications during pregnancy or delivery as a result of the provider’s negligence, her medical bills can also be included in the settlement negotiations.
2. Lost Earning Potential
If the injury leaves your child permanently disabled, your family is entitled to seek funds for the income he or she won’t be able to earn as a result upon reaching adulthood. Your legal team will consult with vocational experts and economists to determine a reasonable figure for what essentially equates to a lifetime of lost earnings.
3. Pain and Suffering
Newborn children can’t explain how their conditions make them feel, but it’s reasonable to assume that birth injuries are incredibly painful. And if they happen to hinder development, they can also contribute to psychological suffering.
Fortunately, every state allows for the recovery of non-economic damages, so personal injury claimants can include them in their calculations. To help prove their extent, your legal team may use medical records, photographs of the injury, the results of relevant studies, and expert witness testimony.
4. Emotional Distress
Like pain and suffering, emotional distress falls under the umbrella of non-economic damages. Tort law recognizes the fact that birth injuries can have a lasting impact that takes a toll on the victim’s emotional health well into adulthood. If your child sustained permanent brain damage, for example, they may often feel embarrassed in social situations.
Injuries that occur during pregnancy or delivery can also cause emotions that manifest as mental health disorders like anxiety, depression, and post-traumatic stress disorder. While accounting for these issues in your claim won’t erase them, it could provide the funds needed to ensure exceptional treatment.
Call 713-893-8808 to Discuss Your Case with a Houston Birth Injury Attorney
To see if your family has grounds for action against your OB/GYN, turn to Chelsie King Garza, P.C. A seasoned attorney who’s determined to go to bat for her clients, Chelsie has litigated cases in both state and federal court. Call 713-893-8808 or complete her Online Contact Form to set up a free case review with a birth injury lawyer in Houston.
