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Who is responsible for my child's birth injury?

Discovering that your child suffered an injury during birth was probably a shock, but now your focus is on finding the best care you can for your baby. Depending on the kind and extent of injury, you may be looking at a lifetime of intense care or, at the other end of the spectrum, special services to assist with mobility, learning issues or other disabilities.

While you want the highest quality care, you understand how expensive this can be. Perhaps you have even had to leave your job to take care of your child, creating even more financial stress for your family. Additionally, have you considered what will happen to your child when you are no longer physically able to provide the daily care he or she needs?

Negligence, recklessness or incompetence

You may feel it is grossly unfair for your family to have to carry such a burden if your precious baby suffered an injury due to negligence on the part of a Texas medical professional. Depending on the circumstances related to your child's injury, you may have cause for claiming compensation in the name of your child. In fact, there may be more than one party responsible for the events that led to your child's injury, for example:

  • Your obstetrician may have allowed labor to go on too long.
  • Your nurse may have missed signs of the baby's distress.
  • The anesthesiologist may have acted negligently.
  • The hospital itself may be vicariously responsible for hiring or granting attending privileges to an incompetent or reckless doctor.
  • Your doctor may be liable if he or she prescribed medication that caused your unborn baby harm.
  • The pharmaceutical company may hold some responsibility if it failed to adequately warn you or your doctor of the potential side effects and risks of any medications you took under doctor's orders.

A successful medical malpractice case against all parties who contributed to your child's injury may help you obtain the resources your child needs for the highest quality of life possible. However, pursuing a medical malpractice claim following a birth injury is complex and challenging.

Before moving forward, it is important to understand the process and to learn about all your options. Speaking with a skilled attorney can provide you with answers to your questions and potentially open the door for a brighter future for you and your child.

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The Talaska Law Firm

The Talaska Law Firm

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Phone: 713-869-1240
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