Determining whether or not a birth injury was the direct result of malpractice can be extremely complex. Most of the time, attorneys will need to bring in medical experts, take a look at the investigation into the reasons behind the injuries and do a lot of other work to make a determination of whether or not it is worth it to sue. There are some commonalities between these cases, however, that you should keep an eye out for on your own to see whether or not it is likely that you do have good reason to file a lawsuit.
Delayed cesarean sections are among the most common reasons that people end up suing over medical malpractice during birth. A Texas cerebral palsy attorney will likely want to speak with you if it was determined that you should’ve received a cesarean section before you did and if you and your child – or you or your child – suffered injuries as a result of that delay.
This is, unfortunately, very common. There are plenty of cases that have been successful that have argued that physicians should’ve known that the mother and child were in danger and should have ordered a cesarean section long before they did. Some women have ended up going weeks without getting a cesarean section that was later determined to have been called for much sooner.
If you went through a difficult labor that physicians should have seen coming, you may also wish to speak to an attorney. Sometimes, you can determine beforehand that a labor is going to be extremely dangerous and that measures need to be taken to deal with that situation outside of having the mother give birth in the normal fashion.
These claims sometimes end up alleging some sort of misdiagnosis. If the physician should have seen the problem but did not, that can constitute a good reason to file a lawsuit.
A good attorney may be able to win you a jury award or a settlement that could help your child pay for the medical care that they will need resulting from their condition. The brain damage that causes cerebral palsy is not curable. The symptoms, however, are treatable, but some of the most promising treatments available at present are also extremely expensive and many families will likely not be able to afford them without getting compensation from the parties responsible for their child coming to harm.