The Adley Law Firm in Garland, Texas, specializes in handling birth injury cases and is dedicated to helping families who have experienced the devastating effects of a birth injury due to negligence. Birth injuries can have a lifelong impact on a child, and it’s crucial that families receive the justice they deserve. The Adley Law Firm’s team of expert Garland birth injury lawyers is committed to supporting and advocating for families throughout the legal process.
What Constitutes a Birth Injury?
According to the Centers for Disease Control and Prevention (CDC), a birth injury is defined as an impairment of function or structure due to an event that occurred during the birthing process. This can include injuries to the baby’s brain, spinal cord, nerves, or other body systems. It is important to distinguish between birth injuries and birth trauma, as birth trauma refers to physical injuries sustained by the baby during childbirth, such as fractures, bruising, or lacerations.
How Can a Garland Birth Injury Attorney Assist You in Cases of Childbirth Malpractice?
A Garland birth injury attorney plays a crucial role in supporting families who have experienced a birth injury due to negligence or malpractice. The Adley Law Firm offers a range of legal services to help families navigate the complex legal process, including the gathering of evidence, negotiation with insurance companies, and representation in court. Their local knowledge and expertise in handling birth injury cases in Garland can be invaluable to clients who are seeking justice for their child.
Typical Conditions Resulting from Birth Injuries
There are several conditions that can result from birth injuries, including:
- Cerebral Palsy: This is a group of neurological disorders affecting movement, balance, and coordination. It is caused by damage to the developing brain during pregnancy or childbirth.
- Hypoxic Ischemic Encephalopathy (HIE): This is a type of brain injury caused by a lack of oxygen and blood flow to the brain during childbirth.
- Brachial Plexus Injuries: These injuries involve damage to the nerves that control the movement and sensation in the arm and can result in paralysis or loss of function.
Factors Leading to Birth Injuries
There are two primary causes of birth injuries: physical trauma and lack of oxygen. Physical trauma can occur during childbirth due to the use of forceps, vacuum extraction, or other medical interventions. Lack of oxygen can result from issues with the umbilical cord, placenta, or other factors during labor and delivery. Some frequently reported causes of birth injuries in Garland include:
- Improper use of forceps or vacuum extraction
- Failure to monitor fetal distress
- Delayed or inappropriate response to complications during labor and delivery
It is important to note that birth injuries are different from birth defects, which are structural or functional abnormalities present at birth due to genetic or environmental factors.
Birth Injury Statistics in Texas and Garland
Understanding local birth injury statistics is crucial for families in Garland who are seeking justice for their child. Texas has a higher rate of birth injuries compared to the national average, with 7.3 birth injuries per 1,000 live births. The Garland area also has a higher prevalence of birth injuries, making it important for families to be aware of their legal rights and options when it comes to pursuing a birth injury claim.
Identifying the Liable Parties in Your Birth Injury Claim
In a birth injury claim, there may be multiple parties who can be held responsible for the injury, such as doctors, hospitals, and healthcare organizations. It is essential to consult with a Garland birth injury attorney to determine the appropriate parties to sue and ensure that all responsible parties are held accountable for their actions.
Advantages of Engaging a Lawyer for a Birth Injury
Hiring a birth injury lawyer can provide both emotional and practical benefits for families affected by birth injuries. The Adley Law Firm’s expertise in handling birth injury cases in Garland ensures that families receive the best possible legal representation and support throughout the legal process. By engaging a lawyer for a birth injury, families can focus on their child’s well-being and recovery while the attorney works tirelessly to secure the compensation they deserve.
Duty of Care in Birth Injury Cases
In birth injury cases, physicians have a duty of care to provide appropriate and competent medical treatment to both the mother and the baby. A breach of this duty of care can lead to legal action if it results in a birth injury due to negligence or malpractice. For example, if a doctor fails to monitor fetal distress or respond to complications during labor and delivery, they may be held liable for any birth injuries that occur as a result.
Assessing if Your Child’s Birth Injury Could Have Been Avoided
One crucial aspect of pursuing a birth injury claim is determining whether the injury could have been avoided. The Adley Law Firm’s team of expert Garland birth injury lawyers can help families evaluate their case and determine if negligence or malpractice played a role in their child’s injury. By thoroughly investigating the circumstances surrounding the birth, they can help families build a strong case for compensation.
Texas Statute of Limitations for Birth Injuries
In Texas, the statute of limitations for civil injury cases is two years from the date of the injury. However, there are specific rules that apply to birth injury cases, which can extend the deadline for filing a claim. It is essential to consult with a Garland birth injury attorney to understand the statute of limitations in your specific case and ensure that your claim is filed within the appropriate time frame.
Birth Injury FAQ’s
- What is a birth injury?
- How can a Garland birth injury lawyer help me?
- What are the common causes of birth injuries?
- How do I know if my child’s birth injury was caused by negligence or malpractice?
- What is the difference between a birth injury and a birth defect?
- What is the statute of limitations for birth injury cases in Texas?
- How do I determine the liable parties in my birth injury claim?
- What compensation can I expect to receive for my child’s birth injury?
- How long does a birth injury lawsuit take to resolve?
- How do I choose the best Garland birth injury attorney for my case?
If your child has suffered a birth injury due to negligence or malpractice, it is essential to seek legal representation from a skilled Garland birth injury lawyer. The Adley Law Firm has the expertise and local knowledge to help you navigate the complex legal process and secure the compensation your family deserves.
Contact them today for a case evaluation and take the first step towards seeking justice for your child and your family.