Reed & Terry, L.L.P.
1-877-543-3523 toll free
575-208-5300 local

When can parents recover for a child's birth injury?

A birth injury occurs when a baby suffers an injury during labor or delivery. Birth injuries can occur when, for example, the baby is injured by a prescription drug taken by the mother during pregnancy, or by doctor error during the delivery process.

Few events can be as traumatic for new parents as discovering their newborn child has sustained a birth injury. If the parents believe the injury was avoidable and was due to negligence by doctors or other medical professionals, the parents may be able to recover monetary damages for their child through a medical malpractice lawsuit.

Birth injuries during delivery can result from the negligent use of medical instruments such as vacuums and forceps. In other situations a doctor may fail to recognize an urgent medical situation affecting the baby or fail to perform a Caesarian section when necessary.

If a birth injury was caused by a prescription drug, there may be liability on the part of the pharmaceutical company if it failed to provide adequate warnings of potential side effects. If the physician who prescribed the drug did so inappropriately, that physician may be held liable in a medical malpractice claim.

The damages in a birth injury case will typically include compensation for additional medical expenses and the costs of long-term care for the child. In most birth injury cases the parents bring the lawsuit on behalf of the child and any funds are placed in a trust for the child's benefit. In some cases the parents may be able to recover for their own emotional distress as well.

Source: Findlaw.com, "Birth Injury Overview," accessed Feb. 13, 2015

No Comments

Leave a comment
Comment Information

GET THE HELP YOU NEED CONTACT OUR ATTORNEYS

Email Us For A Response

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Sugar Land Office
Reed & Terry, L.L.P.
56 Sugar Creek Center Boulevard
Suite 300
Sugar Land, TX 77478

Phone: 281-201-0988
Toll Free: 877-543-3523
Fax: 281-491-5055
Sugar Land Law Office Map

Katy Office
Reed & Terry, L.L.P.
702 South Mason Road
Katy, TX 77450

Phone: 281-201-0988
Toll Free: 877-543-3523
Fax: 281-491-5055
Katy Law Office Map

Richmond Office
Reed & Terry, L.L.P.
201 South 11th St.
Richmond, TX 77469

Phone: 281-201-0988
Toll Free: 877-543-3523
Fax: 281-491-5055
Richmond Law Office Map

Houston Office
1201 Shepherd Drive
Houston, TX 77007
Phone: 281-201-0988
Toll Free: 877-543-3523
Fax: 281-491-5055
Map and Directions

Austin Office
Reed & Terry, L.L.P.
2312 Western Trails Boulevard
Suite 102-A
Austin, TX 78745

Phone: 281-201-0988
Toll Free: 877-543-3523
Fax: 281-491-5055
Austin Law Office Map

Review Us