Birth Injuries & When To Sue

Posted by: Kemmy Law Firm

If your child was injured at birth, you might not know what to do next. This would be heartbreaking for any parent, but you may need substantial long-term medical care and rehabilitation, depending on the severity of injuries. These are practical financial concerns that most probably can’t afford. But you do have options and may be able to receive compensation through a birth injury lawsuit.

The Kemmy Firm represents victims of medical malpractice in and around the Permian Basin. If you suspect that your child suffered a birth injury because a healthcare provider made a mistake, we’re here to help. Birth injuries are more common than people think and include infants’ injuries during, just before, and after birth.

Call a compassionate and experienced lawyer at (210) 750-1019 to discuss your legal options. We offer free initial consultations, and there is no cost unless you recover compensation.

Birth Injuries Range From Minor To Fatal

The birthing process is hazardous, especially if negligence occurs. According to the Merck Manual, doctors, nurses, anesthesiologists, EMT’s, radiologists, or a hospital practice could be responsible. Still, a wide range of possible birth injuries is possible, according to the Merck Manual.

• Head injuries: Includes bleeding outside the skull and under the scalp, and in and around the brain. A fractured skull bone could also happen, or the use of forceps could cause a facial nerve injury.
• The brachial plexus: A group of nerves between the neck and shoulder. If one or both arms are stretched, these nerves can be injured, causing weakness or paralysis.
• Spinal cord injuries: Caused by overstretching during delivery are rare but can cause permanent paralysis below the injury site.
• Broken bones: Can happen even during a standard delivery. Commonly broken bones include the collarbone, upper arm, and upper leg.
• Perinatal asphyxia: Decreases blood flow to the baby’s tissues or decreases oxygen in the baby’s blood before, during, or just after delivery. This may injure the infant’s organs, including the heart, lungs, brain, kidneys, and liver.
• Brain injuries: Can cause learning disorders, delayed development, and cerebral palsy. If enough blood or oxygen is cut off, the infant may not survive.

Time Limits on a Birth Injury Claims & Lawsuits

There are different deadlines to file specific legal actions. A statute of limitations places a limit on the time you have to file. It usually starts running when a problem is discovered, and you know, or reasonably know, negligence may be the cause.

Another limit is the statute of repose. It sets a period after an act that legal claims must be filed. It’s based on the other party’s actions, not when you realize there’s a problem or when you think medical malpractice is the cause.

Texas’ statute of repose is 10 years. If your child suffered a birth injury, a lawsuit filed after the 10th birthday would be dismissed. Texas’ medical malpractice statute of limitations for young children is at the age of 14. Since the statute of repose runs out first, that’s the date you must not miss.

New Mexico doesn’t have an applicable statute of repose, but the statute of limitations for minors harmed by medical malpractice is their ninth birthday.

The longer you delay getting legal help, the more difficult it can be to prove your case. Though there are many years before you must file a lawsuit, you shouldn’t wait anywhere near that long before contacting our office. You should call us as soon as you learn your child suffered a birth injury.

These can be complicated, difficult cases that require expert medical opinions. Our investigation could find that you may or may not have a medical malpractice case. But we need to start our work before we can give you our opinion. There’s no benefit to waiting before you contact us.

Get a Free Birth Injury Consultation

When you work with the Kemmy Law Firm, you are represented by a family-run law firm with more than 50 years of combined legal experience. We are successful trial attorneys trusted by clients throughout West Texas; Hobbs, New Mexico; Midland-Odessa, and across the Permian Basin.

Our team handles all types of medical malpractice cases and will fight hard for your child because that’s what we would do for a member of our own family. We will dedicate our time, effort, and every available resource to maximize your claim and obtain the best possible outcome.

Call us today at (210) 750-1019 or fill out our online contact form to discuss your next steps.