Protecting Families in Birth Injury Cases – Eric Ramos Law Experts
At Eric Ramos Law, we understand the devastating impact a birth injury can have on your family. Birth injuries can result in lifelong complications, emotional distress, and significant financial burdens. Our experienced attorney is dedicated to helping families secure justice and compensation for injuries sustained during childbirth due to medical negligence or malpractice.
If your child suffered an injury during labor or delivery, you may have the right to file a birth injury claim. Let Eric Ramos Law fight for the compensation your family deserves while you focus on your child’s well-being.
Typical Birth Injuries and How They Affect Families
Birth injuries can vary in severity, but all can have lasting effects on the child and family. Common birth injuries include:
Cerebral Palsy
Cerebral palsy is a neurological disorder caused by brain damage during childbirth. It can result from oxygen deprivation or physical trauma, leading to motor function and developmental challenges.
Brachial Plexus Injuries
Brachial plexus injuries occur when the nerves that control arm and hand movement are damaged, often due to excessive force during delivery. This can lead to Erb’s palsy or other forms of paralysis.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a type of brain injury caused by a lack of oxygen and blood flow to the baby’s brain during birth. This condition can cause severe developmental delays and lifelong disabilities.
Fractures
Broken bones, especially in the collarbone, can occur during difficult deliveries. While some fractures heal naturally, others may require medical intervention and physical therapy.
Facial Paralysis
Facial paralysis can result from improper use of forceps or other delivery tools, affecting the baby’s ability to move facial muscles.
Key Factors Behind Birth Injuries in Medical Cases
Birth injuries are often preventable and result from negligence or mistakes made by medical professionals. Common causes include:
Medical Negligence
Failure to monitor the baby’s heart rate, improper use of delivery instruments, or delays in performing a C-section can all contribute to birth injuries.
Failure to Address Complications
Medical staff must be prepared to address complications such as umbilical cord issues, breech births, or fetal distress. Failure to act promptly can lead to severe injuries.
Improper Use of Force
When excessive force is applied during delivery, it can result in nerve damage, broken bones, or other physical injuries to the baby.
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Who Is Legally Liable for Birth Injuries?
Liability in a birth injury claim typically falls on medical professionals or the hospital where the birth occurred. Depending on the circumstances, multiple parties may be responsible, including:
Doctors
Obstetricians and other doctors overseeing the delivery can be held liable if their negligence or errors led to the birth injury.
Nurses and Medical Staff
Nurses and supporting medical staff must carefully monitor both the mother and baby during labor and delivery. Mistakes or oversights can result in injury.
Hospitals
Hospitals can be held accountable if improper protocols, staff shortages, or poorly maintained equipment contributed to the birth injury.
Birth Injury Claims: Key FAQs
What should I do if my child has suffered a birth injury?
If your child has suffered a birth injury, seek immediate medical care and gather all relevant medical records. Contact a birth injury attorney as soon as possible to discuss your legal options.
How can I prove that medical negligence caused the birth injury?
Proving negligence requires a detailed investigation of the medical procedures and decisions made during your child’s birth. Our team works with medical experts to evaluate whether the standard of care was breached.
How long do I have to file a birth injury claim?
In Texas, the statute of limitations for birth injury claims is typically two years, but exceptions may apply depending on the case. It’s best to contact an attorney immediately to avoid missing important deadlines.
What compensation can I receive in a birth injury claim?
Compensation can cover medical expenses, future care needs, lost wages, pain and suffering, and emotional distress. The amount depends on the severity of the injury and the circumstances of the case.
How much does it cost to hire a birth injury attorney?
At Eric Ramos Law, we work on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if we win your case.
What types of birth injuries can result from medical negligence?
Birth injuries such as cerebral palsy, brachial plexus injuries, fractures, and facial paralysis are common outcomes of medical negligence during childbirth. These injuries can have long-lasting effects on the child’s health and development.
Can I file a claim if the birth injury was caused by a hospital error?
Yes, hospitals can be held liable for birth injuries resulting from inadequate staffing, poorly maintained equipment, or failure to follow proper procedures during delivery.
Get to Know Us
We are a small firm that is big on service, proudly assisting clients throughout San Antonio, including Alamo Heights (78209), Stone Oak (78258), Downtown San Antonio (78205), and Southtown (78210). As your dedicated personal injury attorney, we remind ourselves to “treat our clients like we treat our family.” Let’s sit down and chat to see if we’re a fit for your needs. Even if we can’t help with your case, we’ll gladly point you in the right direction and get you back on the road to recovery. Call us today at (210) 404-HURT.
Contact Us
If you or a loved one has been injured due to someone else's negligence, don’t hesitate to reach out to us. At Eric Ramos Law, PLLC, our dedicated team is here to listen, answer your questions, and provide the legal guidance you need. If you’re seeking information about our personal injury practice areas in San Antonio or want to discuss your case with a San Antonio injury law firm you can trust, we encourage you to contact us today. Let us help you take the first step toward obtaining the compensation you deserve.
Eric Ramos Law, PLLC
Personal Injury Lawyer San Antonio
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7979 Broadway #207, San Antonio, TX, 78209
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