Birth injuries are one of the most traumatizing injuries that you can experience. At a time that should be filled with joy as you welcome a new baby to your family, you are instead dealing with distress and shock. If your family is facing this nightmare, contact Adam Capetillo, an experienced Sugar Land birth injury lawyer. With over 130 Five Star Google reviews, Attorney Capetillo and his team are dedicated to representing their clients and championing their cause.
A personal injury case, like a birth injury, will have you worried about medical expenses, worrying if your insurance will cover expenses and operations. You will be worried about the future and ongoing medical procedures, needed treatments, and how you will pay for them.
Attorney Adam Capetillo is a leading personal injury attorney who will gladly discuss your situation, determining if you have a case for malpractice.
Can I Sue for a Birth Injury in Sugar Land?
You can sue if your child has suffered an injury at birth, if the birth injuries are caused by a medical professional’s negligence before, during, or after the delivery. Things can go wrong during pregnancy and childbirth, but it is the responsibility of the hospital and medical providers to ensure that their patients receive the proper standard of care.
If that injury was preventable had the medical personnel exercised the proper standard of care, you may have a case to receive compensation for medical expenses, future expenses, and other costs produced due to the birth injury.
There are three elements that you must prove for your birth injury claim to be successful in Sugar Land:
1. The doctor or medical professional failed to exercise the degree of care and skill required to meet the proper standard of care.
2. A birth injury resulted from negligent care.
3. The injury caused you or your child damages.
What are Common Birth Injuries in Sugar Land?
Birth injuries are caused by trauma during pregnancy, labor, or after delivery. There are various types of birth injuries, many of which result in permanent disability needing lifelong care. The most common birth injuries are listed below.
• Brachial plexus injury – damage to the bundle of nerves that begin in the upper spine and go through the neck, shoulder, arm, and hand
• Perinatal asphyxia – oxygen deficiency, typically caused by insufficient blood flow to the fetus or newborn
• Cerebral palsy – caused by an interruption of oxygen to the baby’s brain during birth
• Spinal cord injury – typically caused by traumatic nerve damage by forceps used during delivery
• Intracranial hemorrhage – bleeding in the skull, usually under the two innermost layers of the brain
• Bone fractures – especially common are fractured collarbones
What are the Causes of Birth Injuries in Sugar Land?
Common causes of birth injuries in Sugar Land include:
• Fetal monitoring errors,
• C-section delivery errors,
• Birth induction medication mistakes,
• Failure to detect fetal distress,
• Intubation errors,
• Improper use of forceps or vacuum extractors,
• Preventable maternal infections,
• Failure to properly manage high-risk births, and
• Failure to send a newborn to a special neonatal care unit or call in a specialist when necessary.
What Damages are Available in Birth Injury Cases in Sugar Land?
The costs associated with a birth injury can be overwhelming. In addition to medical bills, your child may need special schooling, adaptive equipment, daily care, and modifications to your home and vehicle. An experienced attorney can help you get compensation for these costs, as well as pain and suffering.
The type and amount of damages you will receive in a birth injury claim depends on the unique facts of your case, including the type and severity of the injury. Below are examples of compensation that you may be entitled to receive in Sugar Land.
• Past and future medical expenses,
• Lost past and future wages,
• Home renovations or vehicle purchases to accommodate a disability,
• Assistive devices,
• Daily aid or care costs,
• Educational assistance,
• Pain and suffering, and
• Emotional and mental distress.
Your lawyer will calculate the damages you are owed and fight to ensure you get the payment you deserve.
What Should I Do If My Child Has Suffered a Birth Injury in Sugar Land?
If your child has suffered a birth injury, you should contact Sugar Land’s personal injury lawyer, Adam Capetillo, who is experienced in these types of cases. Please note Mr. Capetillo serves clients throughout Fort Bend County and Texas.
Birth injury lawsuits are complex, and you should not try to navigate the process alone. You may be entitled to certain financial help that you may not even know how to ask for or how to calculate the amount needed. Your lawyer will investigate your claim, determine the cause of the injury, gather evidence, and calculate the cost of the claim. negotiate with the insurance company and other responsible parties, file the legal paperwork, appear in court, and, if necessary, take your case to trial.
Deadline for Filing a Birth Injury Claim in Sugar Land
You must file a birth injury lawsuit within the statute of limitations. In Sugar Land, minor children injured through medical negligence typically have until their fourteenth birthday to bring a claim. If you do not meet the deadline set by the statute of limitations, your claim will be barred.
It is best, once again. to discuss your situation with a personal injury lawyer to make sure you know the deadlines that apply in your particular case.
Your Sugar Land Birth Injury Attorney- Adam Capetillo
Adam Capetillo is an experienced Sugar Land personal injury lawyer passionate about protecting the rights of his clients. If your child has suffered a birth injury, we encourage you to call our office today at (346) 249-5544 to schedule a free consultation. Insurance companies have a fleet of attorneys protecting their bottom line. You should have an attorney watching out for you and your interests.
