Birth Injury Common Questions
Was My Child's Cerebral Palsy Caused by a Birth Injury?
Cerebral palsy (CP) is a broad term that describes a range of disorders that affect children. CP affects children in various ways, often involving motor skills and muscle coordination. There are many potential causes of cerebral palsy. Some children acquire this disorder after contracting a serious infection. Approximately 10 to 20% of CP cases are caused during delivery—sometimes due to a medical error.
Symptoms of CP can include:
- Involuntary movement
- Problems with hearing and speech
- Trouble concentrating
What to Do When Medical Errors Cause CP
When a medical error is thought to have caused cerebral palsy, parents may have legal recourse. At Hampton & King, our Houston medical malpractice lawyers work hard to identify the cause of injury. When clients hire us, we take our responsibility to win compensation on their behalf seriously—we know that our success in the courtroom can impact whether or not their needs are met throughout their lifetime.
We work with nurses, obstetricians, neurologists, and other medical experts to gather necessary evidence and documentation to establish that your child's birth injury was attributed to a medical error, such as:
- Infections during pregnancy
- Premature birth
- Failure to perform a C-section
- Errors during delivery, including forceps or vacuum delivery errors
- Fetal distress and oxygen deprivation (asphyxia and hypoxia)
Hospitals may be quick to deny any wrongdoing after a birth injury. It is important for parents to act quickly by seeking competent legal representation. We have decades of experience representing individuals who have been injured due to medical malpractice. If your baby has been injured, our firm is here to listen to your story. Let us help you recover the compensation needed to cover a lifetime of medical costs.
Who Is Liable for My Child's Injury?
Cases involving potential obstetrical malpractice or other types of medical malpractice are complex. In order to prove that the medical professional is liable for your child's injury, you must first show that he or she failed to abide by the accepted standard of care. You must also show that his or her failure to adhere to that standard resulted in the injury. Because determining who is ultimately responsible for the birth injury is so challenging, it often takes $100,000 or more to effectively develop a strong medical malpractice case. The law firm you choose must have the financial resources to hire a wide range of experts who can help investigate the incident and uncover the liable party.
How Are Birth Injuries & Birth Defects Different?
The easiest way to differentiate a birth injury and a birth defect is to remember that a birth injury is most often caused during labor and delivery—such as trauma when forceps are using incorrectly. On the other hand, a birth defect is caused when a baby is harmed prior to birth, generally during or before the pregnancy itself. Birth defects can also be something caused by the child’s DNA or a medical predisposition.
What Kind of Compensation Can Be Won?
The amount of compensation available for recovery will depend on the unique circumstances of the case.
Examples of what your compensation could recover, includes the following:
- Hospital, medical, and doctor bills
- Lost wages and income
- Rehabilitative care
- Needed home adjustments or modifications
- Pain and suffering
Do I Need to Hire a Birth Injury Attorney?
Yes. In a medical malpractice case, you will be facing large hospitals, medical insurance companies, and even pharmaceutical companies—all entities that will have teams of skilled attorneys whose entire job is to defend them and limit payout. You need to have someone in your corner who is looking out for you and your family. More than that, you need someone who fully understands the law and who has the resources to handle cases of this magnitude. At Hampton & King, medical malpractice law is what we do—and we are ready to help you.