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Who is responsible for my baby’s birth injury?

Painter Law Firm's frequently asked question (FAQ) series

The joy that parents experience when they’re expecting a baby is hard to describe—it’s completely life-changing. When parents learn that their child was harmed by a birth injury, that joy comes crashing down, leaving them in shock.

In time, the focus naturally shifts to finding the best care possible for your baby. Some babies may have profound brain injuries that will require a lifetime of round-the-clock care. Others may suffer from developmental delays and learning disabilities, which can be helped with supportive services like therapy and specialized medical devices.

Like everything else in health care, there’s a big cost to getting this type of essential care for your child. Many families feel a squeeze because at the same time more money is needed for these unplanned expenses, one parent might have had to leave the workforce to take care of the beloved child. Then a worrying thought creeps into a parent’s mind—what happens when we’re no longer around to take care of our child?

Medical malpractice: When the injuries were someone’s fault

Many people feel it’s unfair for their child and family to suffer when the injuries were caused by a physician or nurse who was incompetent, inattentive, negligent, or even reckless. This is called medical malpractice.

While every situation is different and requires careful investigation, you may have a legal right to bring a claim for damages or money that can help you take care of your child and meet his or her needs.

A top-rated, experienced Houston, Texas medical malpractice attorney will leave no stone unturned to find out if poor, substandard healthcare caused your child’s injuries. This includes probing into these potentially-responsible parties:

• A hospital that doesn’t properly train or supervise its nursing staff.

• A labor and delivery nurse who doesn’t recognize the signs of fetal distress or inform the doctor.

• An OB/GYN (obstetrician) who doesn’t deliver your baby quickly enough, but instead lets labor go on and on.

• An OB/GYN who doesn’t recognize and treat issues during prenatal care.

• A doctor who prescribes medication that pregnant women shouldn’t take.

• An anesthesiologist or certified registered nurse anesthetist (CRNA) who makes a mistake during anesthesia care.

To meet the demanding requirements of Texas law, birth injury medical malpractice cases require a thorough investigation and the support of medical experts. If you wait until after the two-year general statute of limitations to hire an experienced Texas medical malpractice birth injury attorney, then some claims for damages will be barred and off the table.

A medical malpractice lawsuit against all responsible parties who contributed to your child’s injury and damages can help you obtain the financial resources needed to provide the best quality of life for your child. To give your claim the best chance for success, the time to hire a skilled attorney is now.

Robert Painter is an award-winning medical malpractice attorney at Painter Law Firm PLLC, in Houston, Texas. He is a former hospital administrator who represents patients and family members in medical negligence and wrongful death lawsuits all over Texas. Contact him by calling 281-580-8800 or emailing him right now.

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