Helping you seek justice for your child: Frenkel & Frenkel in Dallas

Many birth injuries are the result of medical errors or doctor negligence. These injuries typically fall into one of two major categories: those caused by physical trauma and those caused by oxygen deprivation. The most common birth injuries include: 

  • Brachial plexus injury 
  • Dystonia 
  • Cerebral palsy

Additional types of birth injuries include:

  • Infant brain damage
  • Erb’s palsy
  • Klumpke’s palsy
  • Umbilical cord entrapment
  • Hypoxia
  • Postpartum hemorrhage
  • Neonatal subgaleal hemorrhages
  • Hypoxic ischemic encephalopathy
  • Preeclampsia

If your child has suffered a serious birth injury, your family may be facing extraordinary expenses in medical costs, therapy, special education, and specialized medical equipment. Frenkel & Frenkel can assist in seeking the compensation you deserve to relieve this financial burden and allow your child to live the best life possible.

Why Choose Frenkel & Frenkel in a Birth Injury Case?

Parents who face the devastation of a child injured due to medical negligence or a medical error need legal representation to help them seek justice and compensation. A settlement or jury award can give your child access to the best medical treatment and care available.

The compensation also pays for losses such as lost wages incurred when a parent must care for an injured child. When you work with Frenkel & Frenkel, you get to enjoy the peace of mind that comes from knowing that you’re represented by a highly respected firm with an excellent reputation and decades of experience and that has recovered millions in damages in child injury claims and lawsuits.

Each founding attorney is rated at a 10 (for “Superb”) by reputable online legal marketplace Avvo, is listed among the Best Lawyers in Dallas by D Magazine for years running, and is noted as a Top Attorney in FW Magazine. Beyond their many accolades and honors, the lawyers in our firm have achieved many high-value settlements and verdicts in tough medical malpractice cases, including birth injury claims.

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How birth injuries can occur

Birth injuries can happen for a variety of reasons, including:

  • Failure to properly monitor the mother and baby for potential complications before birth
  • Failure to respond appropriately to complications during labor and delivery
  • Failure to diagnose and treat fetal distress or other medical conditions promptly
  • Improper use of medical instruments during delivery, such as forceps or vacuum extractors
  • Failure to diagnose and treat postnatal complications in the baby, such as infections or jaundice

The doctor's duty to prevent birth injuries

Expectant parents trust their doctor to provide the best possible care for their child during pregnancy, childbirth, and postnatal care. Unfortunately, birth injuries can occur due to negligence by the doctor or other healthcare providers. These types of injuries can have lifelong consequences for the child and family. It is the doctor's legal duty of care to take reasonable steps to prevent birth injuries from occurring.

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The Medical Standard of Care

Doctors have a duty of care to their patients, including expectant mothers and their unborn children. This duty is to provide a reasonable standard of care, which involves providing the same level and quality of care that other doctors in the same field would provide. It also includes the duty to take reasonable steps to prevent birth injuries.

A medical professional can be considered negligent when this duty of care is breached. This involves any scenario in which either direct action or a failure to take direct action breaches this duty of care and serves as the direct or underlying cause of an injury or other form of trauma suffered by the victim.

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The consequences of birth injuries

Birth injuries can significantly affect a child's physical, emotional, and cognitive development. These types of injuries can range from minor bruises to severe injuries that may require lifelong care. Some common birth injuries include cerebral palsy, brachial plexus injuries, and Erb's palsy.

Bringing a claim or lawsuit after a birth injury

If a doctor fails to take reasonable steps to prevent birth injuries, they may be liable for the resulting injuries. Parents must take legal action if they suspect their child has been injured due to negligence on the part of a doctor or other medical professional. Pursuing a legal claim can help hold the responsible parties accountable and compensate the family for medical expenses, future care, and pain and suffering.

Preventing birth injuries is a critical duty of care for doctors treating expectant mothers and children. Taking reasonable steps to avoid injuries can help ensure the mother and child are safe during birth. If you suspect your child has been injured due to your doctor's negligence, it is crucial to speak with a knowledgeable and experienced personal injury attorney as soon as possible.

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How to distinguish a birth injury from a birth defect?

The difference between congenital disabilities and birth injuries can often be confusing, but congenital disabilities are:

  • Physical or chemical
  • Present at birth
  • Most often genetic

Birth injuries can result from:

  • Negligent actions
  • Environmental factors such as faulty medical equipment or medication errors
  • Errors
  • Mistakes
  • Lack of action

In any case, let the experienced birth injury attorneys at Frenkel & Frenkel explore the situation in more detail to determine if negligence occurred.

Why you need to act now

As time passes, it can be harder to seek justice for any negligent behavior by the hospital or staff. We recommend reaching out to a Frenkel & Frenkel birth injury lawyer in Dallas if you suspect negligence has caused your child’s injuries. We can help you understand your legal options if acts of negligence from medical personnel have led to severe injuries, impairments, or loss of life during the delivery of your baby.

When we take on a case of birth injury, our birth injury lawyers are unrelenting, aggressive, and focused on achieving justice and full compensation. To schedule a free consultation with our Texas medical malpractice lawyers in Dallas and Fort Worth, please contact Frenkel & Frenkel today. We’re ready to learn more about how we can help you.

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