Possible Birth Injury Liabilities

Who’s to blame for you or your child being injured during or after pregnancy? Read this article to learn about possible birth injury liabilities. Call us.

Who’s To Blame?

Possible Birth Injury LiabilitiesIf you and your new baby have suffered devastating injuries during delivery, you are probably wanting to know who’s responsible. Under Texas medical malpractice laws, that’s the law that covers birth injuries, it might be the nurses. It might be the doctor.

Maybe an anesthesiologist was involved. The point is, you won’t know until an experienced medical malpractice lawyer looks at everything that happened while you were under the care of that healthcare team.

Who Can Sue?

When clients call us to help them with a birth injury malpractice case here in Texas, one of the things they need to understand is it’s almost like two cases in one because mom has a case, dad has a case, and baby has a case. The way the law works on that is if you have a meritorious case and you proceed forward. There are some elements of damages that mom and dad recover: medical bills for the first 18 years of life. Your baby’s case are: medical bills, therapy, all of the future problems from 18 on.

Ultimately, when a case like that is resolved, some portion of the money goes to mom and dad to take care of those things until 18. Some portion of the money, usually a large portion, goes into a trust fund or some other type of protected fund that stays until the baby is 18. Once the baby is 18, they can start paying for all those injuries, all those damages, and everything that the baby faces as an adult.

Is It a Medical Malpractice?

Birth injuries happen. In Texas, medical malpractice laws apply. How do you know if you have a case? It involves a very thorough review of all of the records, your prenatal records, your OB/GYN record, the hospital records, your baby’s medical chart.

Your baby gets a medical chart and you get a medical chart when you go to the hospital. All of those things have to be examined. If your baby suffered injuries, and there’s any number of them that can happen, the only way to know if you have a case is to examine what happened, and why it happened. Hiring an experienced medical malpractice lawyer, someone who’s done birth injury cases for a long time, is the only way for you to know for sure.


Did your baby suffer a birth injury due to negligence and you have questions about possible birth injury liabilities? Contact our San Antonio birth injury lawyers at Rush & Gransee today for a free confidential consultation.

Let our experience work for you.

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